H.C.R. 3 Enrolled

RESOLUTION ON THE ADMINISTRATION OF
ENVIRONMENTAL LAWS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Bill Wright
A CONCURRENT RESOLUTION OF THE LEGISLATURE AND THE GOVERNOR
REQUESTING THE ENVIRONMENTAL PROTECTION AGENCY TO REFRAIN FROM
OVERFILING ON STATE-NEGOTIATED COMPLIANCE ACTIONS AND TO DEFER TO
STATE AND LOCAL PRIORITIES IN TAKING COMPLIANCE ACTION; AND
REQUESTING CONGRESS TO INVESTIGATE ENFORCEMENT ACTIVITIES OF THE
ENVIRONMENTAL PROTECTION AGENCY AND REQUIRE THE AGENCY TO DEFER
TO STATE ENFORCEMENT AND COMPLIANCE ACTIONS WHERE ACTIONS ACHIEVE
COMPLIANCE AND ARE PROTECTIVE OF HEALTH AND THE ENVIRONMENT.
Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
WHEREAS, protection of public health and the environment are among the highest
priorities of state governments;
WHEREAS, Congress has provided by statute for the delegation of certain federal program
responsibilities to the states;
WHEREAS, to obtain delegation of federal environmental programs, a state must
demonstrate that it has adopted laws, regulations, and policies as stringent as federal laws,
regulations, and policies;
WHEREAS, over the past 25 years, the states have developed and demonstrated expertise
in operation of federal environmental programs enabling states to obtain and maintain the
delegations;
WHEREAS, the states of Utah, Colorado, Montana, Wyoming, North Dakota, and South
Dakota constitute an area designated by the Environmental Protection Agency (EPA) as Region
VIII;
WHEREAS, the states in Region VIII make compliance with environmental laws, rules,
and permits the highest priority;

WHEREAS, the state of Utah has full delegation in all federal environmental programs;
WHEREAS, the EPA and the states have bilaterally developed over the past 25 years policy
agreements which reflect roles and which recognize that the primary responsibility for enforcement
and compliance resides with the states, with the EPA taking enforcement action principally when
the state requests assistance or is unwilling or unable to take timely and appropriate enforcement
action;
WHEREAS, inconsistent with these policy agreements, the EPA has conducted direct federal
inspections within programs delegated to states, has taken direct enforcement actions, has levied
fines and penalties against regulated entities in cases where the state previously took appropriate
action consistent with the agreements to bring the entities into compliance, and has failed to notify
the states in advance of their action;
WHEREAS, the EPA has begun to use its enforcement authority in cases where the state had
worked with the regulated entity to achieve compliance, and the overfiling by the EPA accomplished
no further protection of the public health or environment but only imposed an additional penalty on
the regulated entity;
WHEREAS, the EPA's current enforcement practices and policies and the resultant detailed
oversight and overfiling of state actions substantially weaken the state's ability to take compliance
actions and resolve environmental issues;
WHEREAS, the EPA's enforcement practices and policies have had an adverse impact on
working relationships between the EPA and states;
WHEREAS, the EPA's reliance on the threat of enforcement action to force compliance may
not result in environmental protection, but rather may result in delay and litigation, cripple incentives
for technological innovation, and provoke animosity between government, industry, and the public;
and
WHEREAS, the Western Governor's Association has adopted "Principles for Environmental
Protection in the West," which encourages collaboration not polarization, advocates the replacement
of command and control with economic incentives and rewarding results, and encourages the
weighing of costs against benefits in environmental decisions:

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NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
Governor concurring therein, requests the EPA to refrain from overfiling or threatening to overfile
on state-negotiated compliance actions if the actions achieve compliance with applicable state and
federal law and are protective of health and the environment.
BE IT FURTHER RESOLVED that the Legislature and the Governor request that the EPA,
in taking enforcement and compliance actions, recognize and defer to individual state and local
priorities that are important for the protection of the environment.
BE IT FURTHER RESOLVED that the EPA should work with and assist states in evaluating
the overall effectiveness of state compliance programs and not focus on the detail of individual
actions.
BE IT FURTHER RESOLVED that the Legislature and the Governor request the Congress
of the United States to investigate EPA enforcement activities and require the EPA to defer to state
enforcement and compliance actions in delegated states where the actions achieve compliance and
are protective of health and the environment.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the President of the
United States, the President of the United States Senate, the Speaker of the United States House of
Representatives, each member of the Utah congressional delegation, the Administrator of the U.S.
Environmental Protection Agency, the Assistant Administrator of the U.S. EPA Office of
Enforcement and Compliance, the Regional Administrator of the U.S. EPA Region VIII, the National
Governor's Association, the National Council of State Legislators, the Council of State Governments,
the Western Governor's Association, and the Environmental Council of the States.

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