state. TCEQ Commissioners' Work Session Highlights November 7, 2003

WHITE

MARQUEZ

SOWARD


MARKED WORK SESSION AGENDA


Friday, December 5, 2003


Texas Commission on Environmental Quality


8:30 a.m.

Room 201S, Building E

12100 Park 35 Circle


 

1.          Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.


No action taken.

 

2.          Docket No. 1999-0024-EXE. The commission will conduct a closed meeting to receive legal advice and will discuss pending or contemplated litigation, settlement offers, and/or the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of specific commission employees, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government Code. The Commission may also meet in open session to take action on a legal or personnel matter considered in the closed meeting as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.


No action taken.

 

3.          Docket No. 1999-0025-EXE. The commission will conduct a closed session to discuss their duties, roles, and responsibilities as commissioners of the TCEQ pursuant to section 551.074 of the open meetings act, codified as chapter 551 of the government code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code.


No action taken.


WHITE

MARQUEZ

SOWARD





MARKED WORK SESSION AGENDA


Friday, December 5, 2003


Texas Commission on Environmental Quality


9:30 a.m.

Room 201S, Building E

12100 Park 35 Circle


 

1.          Discussion of the Monthly Enforcement Reports for September and October 2003. Anne Dobbs, Enforcement Division presented this issue. The Commissioners instructed staff to include overdue penalty payments as a part of future enforcement reports and requested that the report distinguish overdue amounts related to Default Orders, if possible.


Action: No action taken.

 

2.          Consideration of issues relating to agency compliance and enforcement policies and practices. Margaret Hoffman, Executive Director, and John Steib, Deputy Director, Compliance and Enforcement, presented this issue. The ED described a future and extensive top to bottom review of agency compliance and enforcement policies and practices which would consider all meritorious comments received and invite stakeholder involvement. The Commissioners agreed with the plan.


Action: No action taken.

 

3.          Small Business and Local Government Assistance Report on Enforcement Actions for FY03. Tamra Oatman presented an analysis of enforcement data trends on small business and small governments contained in the backup materials. Overall, the effect of mandatory enforcement actions is evident in FY03 with higher assessed penalties and more enforcement cases. Commissioner Soward asked that the compliance and penalty policy review previously discussed as item number 2 also include enforcement effects on small business and small governments.


Action: No action taken.

 

4.          Discussion of input from the Texas Small Business Compliance Advisory Panel to the Texas Commission on Environmental Quality on regulatory and policy issues of interest to small businesses, including issues related to compliance history and the Dry Cleaner Fund. Ken Legler, Chairman of the Compliance Advisory Panel (CAP), presented this issue. He provided the Commissioners with a brief report on CAP membership, goals, and methods for providing input to TCEQ and the legislature as outlined in the backup materials. Additionally, Ken discussed concerns regarding the effects compliance history calculations can have on small businesses and he expressed concerns regarding implementation of recent dry cleaner legislation.


Action: No action taken.

 

5.          Consideration for approval to increase the agency's FY 2004 Operating Budget for the New Technology Research & Development Program. Linda Flores, Chief Financial Officer, Becky O’Brien, Budget and Planning, and Randy Wood, Deputy Director, OEPAA, presented this item. Staff requested the Commissioners approve a transfer of $11,314,310 from the Texas Council on Environmental Technology to the TCEQ as directed by House Bill 37. Randy provided a brief status of the New Technology Research and Development Program as depicted in the backup materials.


Action: Approve request to increase TCEQ FY 2004 operating budget for the New Technology Research and Development Program. W,M - All approve.

 

6.          Consideration of activities associated with State Implementation Plans and issues related to recommendations regarding the 8-hour ozone designations and boundaries. Herb Williams, OEPAA, provided a brief history of events relating to non-attainment designation recommendations from July 2003 up to the present. A number of individuals addressed the Commission in favor of excluding Ellis County from the list of non-attainment counties, including:

             Senator Kip Averitt, representing Senate District 22

             Ron Wright, District Director, speaking for U.S. Representative Joe Barton, 6th District

             Judge Chad Adams, representing Ellis County

             Barry Bone, representing Texas Industries Inc.

             Al Axe, attorney for Jenkins and Gilchrist

             Mary Miksa, representing Texas Association of Business


             Speaking in favor of including Ellis County on the list of non-attainment counties:

             Jim Schermbeck, representing Downwinders at Risk and Blue Skies Alliance


             Speaking to the mid-course review of the Houston/Galveston SIP:

             Dr. Ramon Alvarez, representing Environmental Defense

 

The Commissioners directed staff to contact the Governor’s Office and request the TCEQ letter recommending revisions to non-attainment counties sent in November be held in abeyance in light of the December 3, 2003 letter from EPA Region 6, Administrator Richard Greene. The State has a 120-day consultation period to finalize its recommendation on appropriate designations for the 8-hour ozone standard.


Action: No action taken.

 

7.          Consideration of state and federal legislative issues potentially affecting the TCEQ. The commission may consider legislative proposals and federal rulemakings, as well as other state actions and states’ participation in federal legislative and regulatory activities. The commission may also meet in closed meeting to receive legal advice regarding these matters, or any of the above matters, as authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Any commission action, decision, or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code. Steve Minick, Intergovernmental Relations, presented this issue. Commissioner Soward requested an individual briefing before December 17th on the federal advanced notice for proposed rulemaking on low level radioactive issues.


Action: No action taken.

 

8.          PUBLIC COMMENT SESSION: The Commission will receive comments from the public on any matters within the jurisdiction of the TCEQ, with the exception of pending permitting matters or other contested cases which are subject to the ex parte prohibition found in Texas Government Code §2001.061. In the interest of time, speakers will be limited to three minutes each, with the total time for public comment limited to one hour. No registrants signed up the for Public Comment Session.


No action taken.

 

9.          Planning for the next Commissioners’ Work Session. The next work session is tentatively scheduled for January 16, 2004. In addition to the standing issues, agency compliance and enforcement policies and practices, recommendations regarding PM 2.5 designations and boundaries, and implementation of the New Technology Research and Development Program will be discussed.