SENATE CONCURRENT RESOLUTION NO. 36

(By Senators Minard, Love, Sharpe, Bowman, Wooton, Walker,

Dittmar, Prezioso, Helmick, Anderson, Sprouse, Boley, Plymale

Hunter, Minear, Kessler, Fanning, Ross, Bailey, Jackson, Edgell, McKenzie, Chafin, Craigo, Ball, Tomblin (Mr. President), McCabe, Mitchell and Oliverio)

Requesting the Division of Environmental Protection to comply with the "SIP call rule" through the submission of more cost- effective source control plans already submitted to the United States Environmental Protection Agency.

Whereas, The United States Environmental Protection Agency has promulgated a "SIP call rule" requiring West Virginia and twenty- two other eastern states to reduce emissions of nitrogen oxide from electric utilities and other sources by as much as eighty-five percent by the year 2003, at an annual cost conservatively estimated by the United States Environmental Protection Agency of $1.7 billion, 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 eight-hour federal air quality standard for ozone promulgated by the United States Environmental Protection Agency 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 Environmental Protection Agency a more cost-effective alternative program of emission reductions, including a sixty-five percent reduction of nitrogen oxide 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 eight-hour ozone standard; and
Whereas, The recommendations of these states were not reflected in the United States Environmental Protection Agency's final nitrogen oxide "SIP call rule", which called for emission reductions more stringent than any recommendation by the Ozone Transport Assessment Group and more stringent that the electric utility nitrogen oxide reduction plan required by the Northeast Ozone Transport Commission's September, 1994, Memorandum of Understanding for Stationary Source Nitrogen Oxide Emissions in the twelve northeastern states and the District of Columbia; and
Whereas, The Multi-state Ozone Transport Assessment Group process, which West Virginia and thirty-six other eastern states participated in from 1995 to 1997, found that emissions from stationary sources have the largest impact on ozone concentrations within one hundred fifty 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, The Ozone Transport Assessment Group recommended that the United States Environmental Protection Agency establish nitrogen oxide emission reduction plans for electric utilities based on a range of controls between current Clean Air Act limits and an eighty-five percent reduction; and
Whereas, The emission reduction plan recommended by the states of Alabama, Michigan, Ohio, Tennessee, Virginia and West Virginia to the United States Environmental Protection Agency in June, 1998, would minimize the long-distance interstate transport of ozone and precursor emissions to insignificant levels, using cost-effective emission controls, and would enable West Virginia and adjacent states to comply with the one-hour ozone standard; and
Whereas, The United States Environmental Protection Agency has not officially designated any areas to be in nonattainment with the new eight-hour federal air quality standard for ozone; and
Whereas, The eight-hour federal ozone standard is currently subject to judicial challenge in the United States Court of Appeals for the District of Columbia Circuit by Ohio, Michigan, West Virginia and various other parties, with uncertain implications for its eventual implementation; and
Whereas, The United States Environmental Protection Agency's "SIP call rule" is currently subject to judicial challenge in the United States Court of Appeals for the District of Columbia Circuit by eight petitioning states, including West Virginia, and various other parties, with uncertain implications for its eventual implementation; and
Whereas, Eight states, including West Virginia, have petitioned the United States Court of Appeals for the District of Columbia Circuit for a six-month stay of the United States Environmental Protection Agency's nitrogen oxide "SIP call rule", to provide for submission of State Implementation Plans by April 27, 2000; and
Whereas, The economic costs of complying with the nitrogen oxide "SIP call rule", as promulgated, would be prohibitive for West Virginia electric utilities, other energy-intensive industries and consumers; and
Whereas, The air quality and other environmental benefits of the nitrogen oxide "SIP call rule" and the alternative, more cost- effective control plan proposed by the states of Alabama, Michigan, Ohio, Tennessee, Virginia and West Virginia in June, 1998, are comparable; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby strongly recommends that the Division pf of Environmental Protection plan comply with the "SIP call rule" through the submission of more cost-effective source control plans, such as those recommended to the United States Environmental Protection Agency by the states of Alabama, Michigan, Ohio, Tennessee, Virginia and West Virginia to the United States Environmental Protection Agency in June, 1998; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Director of the Division of Environmental Protection.