SENATE RESOLUTION NO. 47

(By Senators Browning, Klempa, Prezioso, McCabe, Stollings, Wells, Williams and Sypolt)

[Originating in the Committee on Economic Development]

Supporting legislation introduced by Senator Rockefeller and Senator Manchin restricting the power of the United States Environmental Protection Agency.

    Whereas, The United States Environmental Protection Agency has previously threatened to begin regulating carbon dioxide emissions and methane standards under the Clean Air Act beginning in 2011; and

    Whereas, The regulation of carbon dioxide emissions and methane emissions by the EPA could result in the loss of jobs in the State of West Virginia; and

    Whereas, The EPA refuses to provide enough time for the development of certain clean coal technologies prior to their attempt to regulate carbon dioxide emissions and methane emissions; and

    Whereas, The West Virginia Senate does not agree that the EPA has the authority to regulate carbon dioxide emissions and methane emissions without guidance from the United States Congress; and

    Whereas, Senator Rockefeller with the support of Senator Manchin has introduced legislation entitled the EPA Stationary Source Regulations Suspensions Act in the United States Senate suspending the ability of the EPA to take regulatory actions on carbon dioxide and methane for two years; and

    Whereas, The EPA has heretofore announced its intentions of vetoing the Spruce Mine Section 404 permit and advanced proceedings to carry through with its veto intentions; and

    Whereas, The EPA in its veto has failed to provide guidance on correcting the Spruce Mine Section 404 permit; and

    Whereas, The permit veto issued by the U.S. Environmental Protection Agency will certainly result in the loss of jobs and investments at Spruce Mine Company in Logan County, West Virginia and will have a major impact, not only to Logan County, West Virginia, but will further impact the financial stability of the State of West Virginia in an unstable economy; and

    Whereas, The West Virginia Senate does not agree that the EPA has the authority to retroactively veto a Section 404 permit; and

    Whereas, Senator Manchin has announced that he intends to introduce legislation in the United States Senate clarifying that the EPA does not have the authority to veto a previously awarded Section 404 permit; and

    Whereas, The US EPA has placed mandates on the amount of nutrients allowed in the Chesapeake Bay by using a computer model, the accuracy of which is in question rather than actual water testing or other science based information placing an unnecessary and expensive burden on West Virginia’s waste water treatment plants, farms and business that are located in the Chesapeake Bay drainage area; therefore, be it

    Resolved by the Senate:

    That the Senate Supports legislation introduced by Senator Rockefeller and Senator Manchin restricting the power of the United States Environmental Protection Agency; and, be it

    Further Resolved, That the Senate hereby supports and endorses the EPA Stationary Source Regulations Suspensions Act introduced by Senator Rockefeller with the support of Senator Manchin and urges the members of the West Virginia Delegation to Congress and the President of the United States to take all actions necessary to ensure the timely passage of such legislation; and, be it

    Further Resolved, That the Senate hereby supports and endorses the legislation Senator Manchin has announced he will introduce clarifying that the EPA does not have the authority to veto a previously awarded Section 404 permit and urges the members of the West Virginia Delegation to Congress and the President of the United States to take all actions necessary to ensure the timely passage of such legislation; and, be it

    Further Resolved, That the Senate expresses the sentiment that mining in West Virginia can be done safely, efficiently and profitably while protecting the water and air quality of the state; and, be it

    Further Resolved, That the Senate supports the use of science-based data to determine the amount of nutrients and sediment attributable to West Virginia as part of the reduction plan used to improve the Chesapeake Bay; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the members of the West Virginia Delegation to the Congress of the United States and the President of the United States.