The House Committee on Environmental Regulation has published its report to the 82nd Legislature. Below is a summary of the recommendations.
Interim Charge 1—Examine the regulation of air quality in the areas of permitting new and modified sources, public participation and enforcement. Consider data and proposed federal standards and rules as they relate to the State Implementation Plan.
Recommendations:
- The Texas Legislature should continue to closely examine the EPA’s actions regarding groundlevel ozone NAAQSs and provide the TCEQ with the resources necessary to address the expected changes to the standards and monitoring requirements.
- The TCEQ should continue to closely monitor the state’s air quality and address any increases in PM concentrations in a timely manner.
- The TCEQ should continue to closely monitor air quality for elevated concentrations of toxic air pollutants and make changes to the APWL as necessary.
- The Texas Legislature should support the TCEQ’s efforts to address the EPA’s limited disapproval of the state’s public participation rules by making reasonable rule modifications.
- If the EPA’s disapproval is upheld in court, the state should be prepared to make any revisions necessary to maintain the viability of the qualified facilities program, which could require legislative action. The legislature should closely monitor activities related to the program.
- The legislature should provide any support necessary for the TCEQ’s NSR rulemaking effort to maintain the viability of the state’s program.
- The Texas Legislature should support the TCEQ and the Texas Attorney General in their efforts to maintain the viability of Texas’ innovative air permitting program because it provides facilities with operational flexibility, while being environmentally protective.
Interim Charge 2—Survey existing recycling programs and suggest needed improvements.
Recommendations:
- Additional regulations related to the scrap metal recycling industry need to be enacted that provide law enforcement with the tools necessary to investigate theft incidents, establish appropriate penalties for non-compliant recycling entities and create consistent policies throughout the state.
- The TCEQ should concentrate on increasing the computer recycling rate by working with manufacturers, local governments, other state agencies and non-profit organizations to continue to raise public awareness about the computer take back program.
- The Texas Legislature should once again pass legislation that creates a comprehensive, convenient and environmentally protective program to dispose of unwanted televisions.
- The legislature should continue to evaluate the current mattress labeling statutes and consider making revisions to reflect the existing technology.
- The legislature should continue to examine potential strategies to increase the state’s recycling rate; commercial recycling, beverage deposit and curbside recycling programs have the potential to increase the overall recycling rate. The legislature should also review the suggested strategies further prior to taking action because of the uncertainty and probable costs related to statewide deposit and curbside recycling programs.
Interim Charge 3—Monitor federal legislative and regulatory initiatives as they pertain to climate change. Consider Texas’ responses to proposals and make recommendations as to any further preparations.
Recommendations:
- The Texas Legislature should support the opposition of the EPA’s GHG permitting rules by the Texas Commission on Environmental Quality (TCEQ) and the Texas Attorney General.
- The Texas Legislature should support the efforts of the TCEQ and the Texas Attorney General to oppose the Endangerment Finding, because it has been used as the foundation for GHG regulations under the FCAA.
- The Texas Legislature should monitor actions related to the Texas Attorney’s General Petition for Review regarding the implementation of the Light-Duty Vehicle GHG Emissions and CAFE Standards.
- The Texas Legislature should support the state’s opposition to the Johnson Memo because of the enormous impact it may have on the way pollutants are regulated.
- Because of the unanswered questions about appropriateness of using the FCAA to regulate GHGs, the Texas Legislature should wait until the pending request for review has been resolved in federal court before making the statutory changes necessary for the TCEQ to begin permitting GHG emissions.
Interim Charge 4—Study the Texas Commission on Environmental Quality’s use of Supplemental Environmental Projects in its enforcement process.
Recommendations:
- The Texas Legislature should consider implementing policies to increase the percentage of total enforcement orders that are settled by the completion of environmental projects.
- Ways to streamline the process for implementing a SEP should be developed.
- Consider revisions to the policy that specifies projects need to be completed in the area where the violation occurred. This policy has limited the use of SEPs to a small region of Texas.
- The TCEQ should develop relationships with non-profits and governmental entities that could become third-party administrators; increasing outreach to areas of the state that are not currently participating in the SEP program could significantly increase the availability of projects and having additional pre-approved SEP options is likely to encourage more respondents to resolve an enforcement action through the completion of a SEP instead of paying a fine.
A complete copy of the report can be found by visiting: