HOUSE CONCURRENT RESOLUTION NO. 50
(By Delegates Walters, Sprouse, Faircloth, Trump,

Frederick, Nesbitt, Ryan, Clements, Browning,
Kiss, Evans, Jenkins and Pulliam)

..

Urging the Congress of the United States to repeal Phase II of Title IV in the 1990 Clean Air Act Amendments, commonly known as "Federal Acid Rain Legislation."

Whereas, Title IV acid rain provisions of the Clean Air Act Amendments of 1990 severely limits markets at major power plants for coal with sulfur content exceeding approximately 2.5 pounds of sulfur dioxide per million BTU of heat effective January 1, 1995 (Phase I), and restricts markets at all power plants for coal exceeding 1.2 pounds of sulfur dioxide per million BTU by the year 2000 (Phase II) unless plants install expensive sulfur removal technology. The Clean Air Act Amendments of 1990 were passed without consideration of the Congressionally mandated, $500 million National Acid Precipitation Assessment Program (NAPAP) study which showed that acid rain was not as significant a problem as suggested by some environmentalists; and
Whereas, Phase I of the acid rain provisions of the Clean Air Act Amendments has already caused large power plants burning high sulfur coal to reduce emissions at very high cost -- both in lost coal mining jobs in Northern West Virginia and in higher electricity rates to West Virginia consumers; and
Whereas, Phase II of the acid rain legislation is likely toaffect as much as 73% of the 1992 West Virginia utility coal sales of 85 million tons. The costs in Phase II of getting additional sulfur dioxide emission reductions from relatively clean or small power plants will be even greater than the costs of Phase I and the benefits of Phase II will be minuscule compared to the costs of compliance; and
Whereas, U.S. power plant sulfur dioxide emissions steadily have declined in almost every year from 1970 and they will decline dramatically during Phase I and continue to decline beyond the year 2000 because older, less efficient coal-fired plants will eventually retire. Repeal of Phase II of the acid rain provisions to the Clean Air Act Amendments of 1990 would be consistent with President Bill Clinton's campaign promise to "Get America Back to Work" and with the U.S. House of Representatives more recent Republican Contract with America. Environmental extremists and their allies among noncoal energy sources seek to use this law as a stepping stone to the total abolition of U.S. coal mining and utilization; and
Whereas, A loss of 1.5 million annual tons of coal production has been estimated by a United Mine Workers study to result in a five million dollar annual revenue loss to the state of West Virginia, and the loss of one hundred direct mining jobs by the West Virginia Coal Association. Other major coal-producing nations, such as China, Russia, Columbia and South Africa are not restricting their coal mining industries and world export sales by such excessive regulations. The direct and indirect economiclosses to West Virginia and her counties, including social costs such as welfare, retraining and child support, will be devastating to West Virginia's economy, and America needs low cost electricity to stay competitive in the global market; therefore, be it
Resolved by the Legislature of West Virginia:
That the Congress of the United States is urged to act to repeal Phase II of Title IV of the 1990 Clean Air Act Amendments, commonly known as federal acid rain legislation; and, be it
Further Resolved, That the Clerk of the House of Delegates deliver a copy of this resolution to each member of the West Virginia delegation to Congress.