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.