By Brown S.C.R. No. 23
77R3112 NBH-D
CONCURRENT RESOLUTION
1-1 WHEREAS, The reduction of pollution and the protection of the
1-2 environment are matters of great state and national concern, and
1-3 both the state and the federal government bear responsibility for
1-4 actions in this regard; ideally, this mutual concern and shared
1-5 responsibility should manifest itself in a collaborative
1-6 partnership to reduce pollution and protect natural resources; and
1-7 WHEREAS, However, while both state and federal governments
1-8 share these goals, differences have arisen regarding the most
1-9 effective approach to environmental problems and specific pollution
1-10 reductions and environmental protection efforts; and
1-11 WHEREAS, These differences reflect a state-federal
1-12 relationship that relies less on mutual development of policy and
1-13 coordination of agency efforts and more on a command-and-control
1-14 approach that focuses exclusively on state implementation of
1-15 federal regulations, thus denying Texas the flexibility it needs to
1-16 protect its natural resources and environment as effectively as
1-17 possible; and
1-18 WHEREAS, The current approach instituted by the United States
1-19 Environmental Protection Agency (EPA) to limit pollution at the
1-20 state level through the use of a federally mandated permitting
1-21 process has proven to be moderately successful at reducing
1-22 pollution, but it is also a process that is burdensome and costly
1-23 to both the states and the regulated facilities; and
1-24 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
2-27 of environmental regulation; now, therefore, be it
3-1 RESOLVED, That the 77th Legislature of the State of Texas
3-2 hereby respectfully urge the Texas Natural Resource Conservation
3-3 Commission to expand its coordination efforts with the United
3-4 States Environmental Protection Agency, the Environmental Council
3-5 of the States, and other national associations to increase
3-6 flexibility for the states in the implementation of federal
3-7 environmental regulations; and, be it further
3-8 RESOLVED, That the Texas secretary of state forward an
3-9 official copy of this resolution to the executive director and to
3-10 the chairman of the Texas Natural Resource Conservation Commission.