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.