HOUSE CONCURRENT RESOLUTION NO. 7

(By Delegates Pettit, Kuhn, Walters, Williams and Tucker)
(Originating in the Committee on Industry and Labor)

[February 26, 1997]


Requesting the Congress of the United States to enact
legislation that requires the Administrator of the United States Environmental Protection Agency to maintain the current National Ambient Air Quality Standards for ozone and fine particulate matter until there is a thorough review by the scientific community as well as a thorough, scientifically valid and comprehensive cost-benefit analysis, where appropriate, of the impact of any proposed changes to the current standards.

Whereas, Ambient air quality, regulated under the federal Clean Air Act, has improved substantially since 1970 in West Virginia, and will continue to improve as the Clean Air Act amendments of 1990 are implemented to further reduce pollutants; and
Whereas, The U.S. Environmental Protection Agency, which periodically reviews the National Ambient Air Quality Standards, proposes revisions to those standards that could increase the number of areas in West Virginia considered to be in nonattainment with federal air quality standards; and
Whereas, Nonattainment with federal air quality standards could have a serious economic impact in West Virginia and may result in severe restrictions on economic development, loss of jobs and in a potential loss of federal highways funds; and
Whereas, Substantial scientific uncertainties surround the determination of causality for potential adverse health effects that may be associated with exposure to fine particulates; and,
Whereas, There is little existing data regarding the monitoring of fine particulate matter; and,
Whereas, The Environmental Protection Agency's Clean Air Science Advisory Committee has not determined that there are significant public health benefits associated with revising the standards on ozone and fine particulate matter; and
Whereas, West Virginia, through its Legislature, citizens, businesses and regulatory agencies, worked hard to reduce air pollution and to meet clean air requirements, resulting in all counties in the state currently being in compliance with the present standards for ozone and particulate matter; and
Whereas, tThe coal, chemical, primary metals, electric utility and other West Virginia industries who already have expended considerable resources and suffered negative impacts resulting from programs designed to meet the existing requirements of the Clean Air Act could be subjected to further negative impacts resulting from the proposed standards; and
Whereas, West Virginia is a major source of electric generation and stands to benefit from proposed electric utility deregulation, a benefit that could be significantly lessened by the resulting increase in the cost of electric service to the citizens and businesses of the state due to the proposed standards; and
Whereas, tThe development of the economy in this state has historically faced significant obstacles, and recent economic development indicators demonstrate that West Virginia is poised for growth while maintaining present air quality standards; therefore, be it
Resolved by the Legislature of West Virginia: That the Congress of the United States is requested to enact legislation that requires the Administrator of the United States Environmental Protection Agency to maintain the current National Ambient Air Quality Standards for ozone and fine particulate matter until there is a thorough review by the scientific community, as well as a thorough, scientifically valid and comprehensive cost-benefit analysis, where appropriate, of the impact of the proposed changes to the current standards; and, be it
Further Resolved, That the Clerk of the House of Delegates shall, immediately upon its adoption, transmit duly authenticated copies of this resolution to the Speaker and the Clerk of the United States House of Representatives, the President Pro Tempore and the Secretary of the United States Senate, the members of the West Virginia congressional delegation and the Administrator of the EPA.