PRESS RELEASE
For Immediate Release
May 24, 2000
Contact: Ken Kramer, Lone Star Sierra Club
512-476-6962
ENVIRONMENTAL GROUPS CRITICIZE
SUNSET REPORT ON TNRCC
Pollution Crisis Will Continue Unless Agency Is Overhauled
(Austin) A coalition of a dozen environmental and consumer groups strongly criticized a report released today by the Texas Sunset Advisory Commission staff that resulted from the review of the state's environmental regulatory agency, the Texas Natural Resource Conservation Commission (TNRCC). While the groups support many of the report's recommendations, overall the proposed changes at TNRCC fail to address core problems at the agency--problems that have led to serious degradation of the environment and public health in Texas. Environmental and health advocates are calling on the Sunset Commission to propose a total reform of the agency.
"Adopting the recommendations of the Sunset report on TNRCC will do little to fix policies that have led to Texas becoming number one in so many forms of pollution," said Ken Kramer, Director of the Lone Star Sierra Club. "For example, Texas ranks number one in total toxic pollutants released from manufacturing industries to the air, land and water. The lack of aggressive action by TNRCC is a major reason why the state has that dubious distinction."
Self-Policing Doesn't Work
An over-arching problem at the TNRCC has been its reliance on polluters' voluntary compliance with state environmental laws. The agency has severely cut back on inspections and enforcement, reduced penalties, and allowed "regulatory flexibility" in permitting.
"The TNRCC's approach to law enforcement is comparable to a traffic cop pulling over someone driving 85 in a school zone, but instead of issuing a hefty ticket the cop merely asks the speeder to please comply with the law and offers compliance assistance counseling," said Reggie James, Director of Consumers Union.
A look at the results of the voluntary compliance program for grandfathered facilities clearly reveals the failure of a "voluntary" regulatory system. Out of over 900,000 tons per year of grandfathered pollution, a reduction of only 3% (17,878 tons per year) due to voluntary permitting has occurred in the 29 months since the program began. Of the 461 grandfathered plants in Texas that are not subject to any existing pollution reduction mandate only 9 have pursued permit applications or agreed orders for reductions.
Despite the dismal and obvious failures of TNRCC's enforcement policies, Sunset staff are inexplicably recommending further use of voluntary compliance and other "perks" for polluting industries in an effort to cajole them into basic compliance with the law. "The Sunset Commission should recommend mandatory enforcement for repeat violators, and referrals to the Attorney General for effective penalties," said Mary Ruth Holder of Texas Committee on Natural Resources.
More Public Participation Crucial
"Public interest advocates are dismayed that the Sunset report fails to make recommendations that would assure full public participation in agency decision-making and loosen the grip polluters have on the agency," said Erin Rogers, State Coordinator of Texas Public Employees for Environmental Responsibility. "In fact, even agency employees are voicing clear dissatisfaction regarding attempts to clean house from within; in TNRCC's 1999-2000 employee survey, only 14% of the staff agreed that 'people who challenge the status quo are valued.'"
Too Few Changes, Too Much Pollution
"Many of the staff recommendations are valuable and should be supported," said Cyrus Reed of Texas Center for Policy Studies. "Recommendations for an independent and well-funded Office of Public Interest Counsel, stopping the practice of the TNRCC executive director supporting polluters in hearings, the option to remove the volume discount for pollution fees, and more public inclusion in enforcement decisions are all important changes."
However, environmental groups are calling for implementation of more far-reaching changes:
1) The mission of the agency should be clearly defined as protection of public health and the environment, not promotion of economic development.
2) Stronger conflict of interest prohibitions must be enacted to neutralize money politics in agency decisions.
3) The agency must adopt critical citizen rights such as the right to participate in hearings on a level playing field with industry and the right to know which pollutants citizens are being exposed to and when, where, and how they are being exposed.
4) The agency must protect civil rights and actively ensure that low income communities and communities of color do not bear a disproportionate share of pollution.
The following contacts are provided for more detailed response to the report:
Failures of "Voluntary Compliance" and "Regulatory Flexibility" and general comments
Ken Kramer: Lone Star Sierra Club 512-476-6962
Fee Restructuring/Funding Needs
Cyrus Reed: Texas Center for Policy Studies 512-474-0811
Lack of Public Participation
Julia Marsden: League of Women Voters 512-306-1325
Rick Lowerre 512-454-3050
The Radioactive Waste Shuffle
Erin Rogers: Henry, Lowerre & Frederick Law Office 512-454-3050
Independent Office of Public Interest Counsel
Reggie James: Consumers Union 512 477-4431 ext. 118
Analyzing TNRCC's Complaint Data Base
Robin Schneider: Texas Campaign for the Environment 512-326-5655
Water Quality
Myron Hess: National Wildlife Federation 512-476-9805
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