HOUSE CONCURRENT RESOLUTION NO. 59

(By Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Angotti, Armstead, Ashley, Azinger, Beane, Boggs, Border, Butcher, Campbell, Cann, Capito, Caputo, Coleman, Collins, Compton, Dalton, Davis, Dempsey, Douglas, Doyle, Ennis, Evans, Everson, Facemyer, Faircloth, Ferrell, Flanigan, Fleischauer, Fletcher, Frederick, Givens, Hall, Harrison, Hatfield, Hines, Houston, Hubbard, Hunt, Hutchins, Jenkins, Johnson, Kelley, Kiss, Kominar, Kuhn, Laird, Leach, Leggett, Linch, Louisos, Mahan, Manchin, Manuel, Marshall, Martin, McGraw, Mezzatesta, Michael, Miller, Modesitt, Overington, Pethel, Pettit, Pino, Proudfoot, Prunty, Romine, Rowe, Schadler, Shelton, Smirl, J. Smith, L. Smith, Sparks, Spencer, Stalnaker, Staton, Stemple, Susman, Thompson, Tillis, Trump, Tucker, Varner, Warner, Webb, C. White, H. White, L. White, Williams, Willis, Willison, Wills, Wright and Yeager)



Expressing opposition, consistent with the findings of the Ozone Transport Assessment Group ("OTAG") process, to implementation of the United States Environmental Protection Agency's "SIP Call Rule" related to national ambient air quality standards, while recommending that the Division of Environmental Protection plan to comply with the SIP call rule through the submission of more cost-effective source control plans shown by OTAG modeling to reduce the long-range interstate transport of ozone and ozone precursors to insignificant levels, as initially recommended to the United States Environmental Protection Agency by various other states in June 1998.

Whereas, The United States Environmental Protection Agency has promulgated a "SIP" rule requiring this state and 22 other eastern states to reduce emissions of nitrogen oxide from electric utilities and other sources by as much as 85% by the year 2003, at an annual cost estimated at $1,700,000,000, for purposes of reducing the long-range transport of emissions contributing to nonattainment of the current one hour federal air quality standard for ozone, and the new 8 hour federal air quality standard for ozone promulgated by the United States EPA in July 1997; and
Whereas, In June 1998, the states of Alabama, Michigan, Ohio, Tennessee, Virginia and West Virginia jointly recommended to the United States EPA a more cost-effective alternative program of emission reductions, including a 65% reduction of NOx emissions by electric utilities to be achieved in a phased program not later than 2004, with additional emission reductions as needed by 2007 to comply with the prospective 8 hour ozone standard; and
Whereas, The recommendations of these states were not reflected in the United States EPA's final NOx SIP call rule, which called for emission reductions more stringent than any recommended by OTAG, and more stringent than the electric utility NOx reduction plan required by the Northeast Ozone Transport Commission's September 1994, memorandum of understanding for stationary source NOx emissions in the 12 northeastern states and the District of Columbia; and
Whereas, The multistate OTAG process, which this state and 36 other eastern states participated in from 1995 to 1997, found that emissions from stationary sources have the largest impact on ozone concentrations within 150 miles or less downwind of the areas in which the sources are located, and that the long-distance transport of ozone and precursor emissions from individual states is relatively limited; and
Whereas, OTAG recommended that United States EPA establish NOx emission reduction plans for electric utilities based on a range of controls between current clean air standards and an 85% reduction; and
Whereas, The emission reduction plan recommended by the various states including this state, Alabama, Michigan, Ohio, Tennessee and Virginia would minimize the long-distance interstate transport of ozone and precursor emissions to insignificant levels, using cost-effective controls, and would enable this state and adjacent states to comply with the one hour ozone standard; and
Whereas, The United States EPA has not officially designated any areas to be in nonattainment with the new 8 hour federal air quality standard for ozone; and
Whereas, The 8 hour federal ozone standard is currently subject to judicial challenge in the United States Court of Appeals for the District of Columbia and, therefore, its implementation is not certain; and
Whereas, The United States EPA's SIP call rule is currently subject to judicial challenge as well in said Court of Appeals while 8 states, including this state, have petitioned in that court for a 6 month stay of EPA's NOx SIP call rule, to provide for submission of state implementation plans by April 27, 2000; and
Whereas, The economic costs of complying with the NOx SIP rule would be prohibitive for state electric utilities, other energy intensive industries, and consumers; and
Whereas, The air quality and other environmental benefits for the NOx SIP call rule and the alternative, more cost-effective control plan proposed by the aforesaid states in June 1998, are comparable; therefore, be it
Resolved by the Legislature of West Virginia:
That this body opposes the implementation of EPA's NOx SIP call rule, as promulgated in October 1998, by any agency of the state; and, be it
Further Resolved, That this body supports an alternative, more cost-effective emission reduction plan proposed by Alabama, Michigan, Ohio, Tennessee, Virginia and this state; and, be it Further Resolved, That this body recommends that the State Division of Environmental Protection Plan to comply with the SIP call rule through the submission of more cost-effective source control plans, such as those recommended to the EPA by Alabama, Michigan, Ohio, Tennessee, Virginia and this state; and, be it
Further Resolved, That the Clerk is directed to send a copy of this resolution to the State Environmental Protection Agency, and to this states congressional delegation.