Session of 1999
House Concurrent Resolution No. 5033
By Committee on Utilities

  9             A  CONCURRENT  RESOLUTION concerning the regional transport
10             of ozone-related air emissions and possible future requirements for
11             Kansas.
13             WHEREAS,  Congress established federal environmental policy
14       through the enactment of the Clean Air Act and its amendments which
15       establishes a program for meeting the health-based ozone air quality stan-
16       dards throughout the United States and states are responsible for attain-
17       ing these federal clean air standards through the development of state
18       implementation plans; and
19             WHEREAS,  The Ozone Transport Assessment Group (OTAG),
20       whose membership was composed of the 13 northeastern states in the
21       Ozone Transport Commission and 24 additional states, including Kansas,
22       was established as a state-led effort with decision making resting with
23       state environmental representatives to address ozone-related issues; and
24             WHEREAS,  OTAG concluded that Kansas should be exempt from
25       additional OTAG-related air pollution control measures and work in co-
26       operation with other states to periodically review their emissions and the
27       potential impact of emission increases on downwind ozone problem areas
28       and, as appropriate, take steps to reduce such impacts; and
29             WHEREAS,  The United States Environmental Protection Agency
30       (EPA), in its January 6, 1997, notice of intent to publish a notice of pro-
31       posed rulemaking related to regional ozone transport, provided assurance
32       that their proposal would reflect the technical work done by OTAG, as
33       well as any OTAG recommendations for adoption of additional control
34       measures; and
35             WHEREAS,  EPA, in its letter dated October 10, 1997, from Admin-
36       istrator Carol M. Browner to Governor Bill Graves, affirmed the findings
37       of OTAG that emissions from Kansas do not contribute significantly to
38       the ability of other states to meet ozone standards and that the state would
39       not be required to take actions mandating additional emission reductions
40       from sources in Kansas; and
41             WHEREAS,  EPA, in its November 7, 1997, notice of proposed rule-
42       making reaffirmed the findings of OTAG that Kansas does not make a
43       significant contribution to downwind ozone problems but diminished its

HCR 5033


  1       findings by providing for a change in position based upon additional com-
  2       ment and/or technical analyses beyond that already completed by OTAG;
  3       and
  4             WHEREAS,  In its October 27, 1998, notice of final rulemaking, EPA
  5       took no direct action to require Kansas to implement additional air emis-
  6       sion control measures, but announced plans to conduct additional state-
  7       by-state analyses before determining that controls will not be required in
  8       the outlying states, including Kansas, in discord with the findings and
  9       recommendations of OTAG: Now, therefore,
10             Be it resolved by the House of Representatives of the State of Kansas,
11       the Senate concurring therein: That the Kansas Legislature requests
12       EPA to set aside its plan for additional analyses in the outlying states and
13       support OTAG's conclusion that Kansas should be exempt from federally-
14       mandated ozone transport-related control measures; and
15             Be it further resolved: That the Secretary of State be directed to send
16       enrolled copies of this resolution to the administrator of the EPA and to
17       each member of the Kansas Congressional Delegation.