78R12705 CLE-D


By:  Bonnen, Capelo                                             H.C.R. No. 206



HOUSE CONCURRENT RESOLUTION
	WHEREAS, Congress established the New Source Review (NSR) 
Program as part of the federal Clean Air Act to protect public 
health and the environment with more effective pollution control 
measures incorporated into the design and construction of 
facilities as new sources of air contaminants are built and 
existing sources are modified; and
	WHEREAS, The fundamental philosophy of NSR is that it is more 
efficient to add modern pollution control equipment when a source 
of air contaminants is built or undergoes a major modification than 
after it is constructed; and
	WHEREAS, Promulgated by the U.S. Environmental Protection 
Agency (EPA), NSR regulations are administered in Texas by the 
Texas Commission on Environmental Quality (TCEQ), which also 
operates a state program approved by EPA; and
	WHEREAS, EPA worked with states and other stakeholders to 
reform the program in response to concerns that the program causes 
many companies to abandon plans to modernize their facilities in 
ways that would benefit the environment; and
	WHEREAS, On March 3, 2003, an EPA rule became effective that  
provides incentives for companies to improve environmental 
performance at the same time they make changes to their facilities; 
and
	WHEREAS, The rule change is intended to maximize operational 
flexibility while improving environmental quality, a goal shared by 
the Texas Legislature and one that is consistent with many of the 
NSR regulations now in place at TCEQ; and
	WHEREAS, Adopting the federal NSR rule would help to redirect 
state resources to activities that are more likely to have an 
adverse impact on the environment; now, therefore, be it
	RESOLVED, That the 78th Legislature of the State of Texas 
hereby direct the Texas Commission on Environmental Quality to move 
expeditiously to recognize and implement the changes adopted by the 
U.S. Environmental Protection Agency, especially those changes 
that do not require a revision in agency rules; and, be it further
	RESOLVED, That the secretary of state forward an official 
copy of this resolution to the executive director of the Texas 
Commission on Environmental Quality.