Statement of Jeffrey A. Saitas, P.E., Executive Director Texas Natural Resource Conservation Commission
Before the U.S. Senate Environment and Public Works Committee
August 1, 2001

Good afternoon Mr. Chairman and members of the committee. My name is Jeff Saitas, and I am the executive director of the Texas Natural Resource Conservation Commission. Our agency implements a broad range of regulatory and nonregulatory activities that protect the health of Texans and their environment. The agency is led by a three-member commission appointed by the governor. About 3,000 staff members work in Austin and at 16 regional offices around the state. Clean air issues continue to be one of the agency's top priorities and toughest challenges.

Thank you for the opportunity to testify about our experiences implementing the Clean Air Act and about our suggestions for improvement. I had the opportunity to testify before this committee back in September and I appreciate the invitation to address the committee once again. I will highlight our current planning efforts and the challenges that we continue to face.

In September I discussed the successful partnership effort between local, state, and federal governments in developing the State Implementation Plan for the Dallas/Fort Worth area. I also addressed some of the challenges we have faced due to litigation and delays in full implementation of federal regulations. We have now completed a significant phase in our planning efforts for the Houston/Galveston area, again with the same partnership efforts, however the challenges that we face with this area are even greater. The Houston/Galveston area needs far more emission reductions than the Dallas/Fort Worth area, therefore, we are forced to count on the federal government more than ever to fulfill their commitment to this partnership.

We will need to reduce nitrogen oxide emissions in the Houston/Galveston area by a total of 75% with up to 90% reductions from industrial sources. However, the state is pre-empted from regulating a significant portion of the emission sources in the area. The state's only viable option in controlling these sources has been to adopt time-of-day use restrictions and even these have been struck down through litigation due to pre-emption issues. Therefore, the state must be able to count on the emission reductions from the federal regulations.

While some of the federal regulations are beginning to be implemented now, most of the federal rules that are most beneficial to the Houston/Galveston area are not scheduled to be fully implemented until 2006 or later. Further, full implementation of the standards does not equal full emission reduction benefits. Most of the federal standards only apply to the purchase of new equipment. Therefore, it will be many years before all of today's equipment is replaced with new emissions controlled equipment.

Likewise, many of the new engines will not operate at the lower emission level without the lower emission fuels.

The State intends to demonstrate attainment for the Houston/Galveston area. We are again requesting an equal commitment from the federal government in this partnership effort. If Congress feels it is appropriate to require states to reach attainment goals by 2007, it should also ensure that states are given a reasonable opportunity to comply by imposing federal regulation deadlines that are in line with states' requirements. As future air quality standards are being finalized and new deadlines for attainment areas being set, it is critical that this point be taken into consideration to give states a fair chance to comply with Clean Air Act requirements.

Thank you again for the opportunity to testify today. We look forward to working with the Committee and all interested parties.