1-1                        SENATE CONCURRENT RESOLUTION
 1-2           WHEREAS, The reduction of pollution and the protection of the
 1-3     environment are matters of great state and national concern, and
 1-4     both the state and the federal government bear responsibility for
 1-5     actions in this regard; ideally, this mutual concern and shared
 1-6     responsibility should manifest itself in a collaborative
 1-7     partnership to reduce pollution and protect natural resources; and
 1-8           WHEREAS, However, while both state and federal governments
 1-9     share these goals, differences have arisen regarding the most
1-10     effective approach to environmental problems and specific pollution
1-11     reductions and environmental protection efforts; and
1-12           WHEREAS, These differences reflect a state-federal
1-13     relationship that relies less on mutual development of policy and
1-14     coordination of agency efforts and more on a command-and-control
1-15     approach that focuses exclusively on state implementation of
1-16     federal regulations, thus denying Texas the flexibility it needs to
1-17     protect its natural resources and environment as effectively as
1-18     possible; and
1-19           WHEREAS, The current approach instituted by the United States
1-20     Environmental Protection Agency (EPA) to limit pollution at the
1-21     state level through the use of a federally mandated permitting
1-22     process has proven to be moderately successful at reducing
1-23     pollution, but it is also a process that is burdensome and costly
1-24     to both the states and the regulated facilities; and
1-25           WHEREAS, In Texas, the burden of enforcing federal
 2-1     regulations and monitoring compliance with required permits falls
 2-2     primarily on the Texas Natural Resource Conservation Commission
 2-3     (TNRCC); however, the overly prescriptive approach that the federal
 2-4     government has taken gives TNRCC no input in the development of
 2-5     these regulations and little flexibility, either in interpreting
 2-6     regulations or in the way it must enforce them; and
 2-7           WHEREAS, Alternative paradigms are available, including
 2-8     outcome-based assessment methods that allow the state to direct its
 2-9     efforts to measuring the actual reduction of pollution and
2-10     identifying and targeting offending facilities rather than
2-11     expending limited agency resources simply monitoring each
2-12     facility's compliance with its permit; and
2-13           WHEREAS, States should be given greater latitude to implement
2-14     innovative regulatory programs and other pollution reduction
2-15     methods that vary from the current top-down model that requires
2-16     states to adhere strictly to the federally mandated permitting
2-17     process; and
2-18           WHEREAS, TNRCC should take a leadership role in these efforts
2-19     and work as closely as possible with the EPA and other national
2-20     environmental associations to establish a working relationship that
2-21     would give states a greater voice in the decision-making process
2-22     and allow them greater flexibility in the implementation of federal
2-23     environmental programs; and
2-24           WHEREAS, Such a relationship would benefit individual states
2-25     and the federal government by streamlining current environmental
2-26     programs, making them more effective and reducing the overall costs
 3-1     of environmental regulation; now, therefore, be it
 3-2           RESOLVED, That the 77th Legislature of the State of Texas
 3-3     hereby respectfully urge the Texas Natural Resource Conservation
 3-4     Commission to expand its coordination efforts with the United
 3-5     States Environmental Protection Agency, the Environmental Council
 3-6     of the States, and other national associations to increase
 3-7     flexibility for the states in the implementation of federal
 3-8     environmental regulations; and, be it further
 3-9           RESOLVED, That the Texas secretary of state forward an
3-10     official copy of this resolution to the executive director and to
3-11     the chairman of the Texas Natural Resource Conservation Commission.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.C.R. No. 23 was adopted by the Senate
         on May 4, 2001.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.C.R. No. 23 was adopted by the House
         on May 17, 2001.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor