SCR 1609--Am. by H
As Amended by House Committee
As Amended by Senate Committee
Session of 1997
Senate Concurrent Resolution No. 1609
By Committee on Energy and Natural Resources

12 A CONCURRENT RESOLUTION concerning the Ozone Transport As- 13 sessment Group (OTAG). 14 15 WHEREAS, The federal environmental policy for the nation as estab- 16 lished by Congress through the enactment of the Clean Air Act and its 17 amendments has established a very aggressive and ambitious program for 18 meeting the health-based ozone air quality standard throughout the 19 United States; and the states are primary responsible for meeting these 20 program requirements through the development of state plans; and 21 WHEREAS, The Ozone Transport Assessment Group (OTAG) - 22 whose membership is composed of the 13 Northeastern States in the 23 Ozone Transport Commission, the 24 states from the Midwest and South 24 and the United States Environmental Protection Agency (EPA)- was es- 25 tablished specifically to work together to address these issues; and 26 WHEREAS, OTAG is working within a very short time frame to sci- 27 entifically assess the ozone transport issue and develop acceptable rec- 28 ommendations to deal with the problems and the scientific and technical 29 credibility of the work being done is critical to the success of this effort; 30 and 31 WHEREAS, Kansas and other states across the nation have spent bil- 32 lions of dollars to comply with the Federal Clean Air Act and its provisions 33 and costly emission restrictions have the potential to adversely impact 34 state environmental programs, the price of energy and the ability of the 35 industries, businesses and people of Kansas to compete in the global mar- 36 ketplace; Now, therefore: 37 Be it resolved by the Senate of the State of Kansas, the House of Rep- 38 resentatives concurring therein: That the Legislature encourage the 39 EPA to allow the states to work together to complete the technical as- 40 sessment of the ozone transport issues within OTAG and that call upon 41 the EPA to allow adequate time to complete all of the extensive technical 42 work required, including the complex computer modeling which is un- 43 derway and upon which many major policy decisions may rest. This is SCR 1609--Am. by H

 1  essential given the high economic stakes which are at risk in this effort
 2  and the probability that actions by the state or people of Kansas
 3  will have little, if any, effect on the air quality of other states; and
 4    Be it further resolved:  That the Legislature endorse the scientific as-
 5  sessment of nitrogen oxide and ozone transport issues currently under
 6  development by OTAG, and specifically call upon the EPA to allow this
 7  group adequate time to complete and verify the accuracy of a massive
 8  computer model upon which the economic future of the Midwest may
 9  well rest, and reject the short, arbitrary deadlines which will impede en-
10  suring the validity of that model and the practice of sound science; and
11    Be it further resolved:  That the Legislature call upon the EPA and
12  OTAG to encourage the active participation of governors and other
13  elected officials in OTAG; and to refrain from actions or decisions in the
14  absence of such participation that would have the effect of imposing on
15  Kansas regulatory requirements in excess of and in addition to those al-
16  ready specified by the Clean Air Act, as amended; and
17    Be it further resolved:  That the Legislature call upon OTAG to ensure
18  that any strategy selected is based on sound science and is the most cost-
19  effective means of reducing transported ozone; and
20    Be it further resolved:  That the Legislature request that the recom-
21  mendations ultimately produced by OTAG be carefully reviewed and con-
22  sidered by the 37 states and, if the recommendations are beyond the
23  legislative authority currently contained in the Clean Air Act, then a joint
24  legislative proposal should be agreed upon for United States congres-
25  sional consideration; and
26    Be it further resolved:  That the Legislature call upon OTAG to care-
27  fully consider the states to be included in any recommended control strat-
28  egy with respect to distance from any serious or severe nonattainment
29  area, number and size of emission sources, current attainment status of
30  ozone standards, and insignificant impact on any ozone nonattainment
31  area in the Eastern United States; and
32    Be it further resolved:  That the Legislature request that OTAG, be-
33  fore a final recommendation is submitted to the EPA, provide affected
34  state legislatures with the final recommended strategy along with the
35  estimated cost of compliance; and
36    Be it further resolved:  That the Secretary of State be directed to send
37  enrolled copies of this resolution to OTAG, the Administrator of the
38  United States Environmental Protection Agency and each member of the
39  Kansas congressional delegation.