By: Brown S.C.R. No. 23
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
2-1 WHEREAS, In Texas, the burden of enforcing federal
2-2 regulations and monitoring compliance with required permits falls
2-3 primarily on the Texas Natural Resource Conservation Commission
2-4 (TNRCC); however, the overly prescriptive approach that the federal
2-5 government has taken gives TNRCC no input in the development of
2-6 these regulations and little flexibility, either in interpreting
2-7 regulations or in the way it must enforce them; and
2-8 WHEREAS, Alternative paradigms are available, including
2-9 outcome-based assessment methods that allow the state to direct its
2-10 efforts to measuring the actual reduction of pollution and
2-11 identifying and targeting offending facilities rather than
2-12 expending limited agency resources simply monitoring each
2-13 facility's compliance with its permit; and
2-14 WHEREAS, States should be given greater latitude to implement
2-15 innovative regulatory programs and other pollution reduction
2-16 methods that vary from the current top-down model that requires
2-17 states to adhere strictly to the federally mandated permitting
2-18 process; and
2-19 WHEREAS, TNRCC should take a leadership role in these efforts
2-20 and work as closely as possible with the EPA and other national
2-21 environmental associations to establish a working relationship that
2-22 would give states a greater voice in the decision-making process
2-23 and allow them greater flexibility in the implementation of federal
2-24 environmental programs; and
2-25 WHEREAS, Such a relationship would benefit individual states
2-26 and the federal government by streamlining current environmental
3-1 programs, making them more effective and reducing the overall costs
3-2 of environmental regulation; now, therefore, be it
3-3 RESOLVED, That the 77th Legislature of the State of Texas
3-4 hereby respectfully urge the Texas Natural Resource Conservation
3-5 Commission to expand its coordination efforts with the United
3-6 States Environmental Protection Agency, the Environmental Council
3-7 of the States, and other national associations to increase
3-8 flexibility for the states in the implementation of federal
3-9 environmental regulations; and, be it further
3-10 RESOLVED, That the Texas secretary of state forward an
3-11 official copy of this resolution to the executive director and to
3-12 the chairman of the Texas Natural Resource Conservation Commission.