Ch. 196                         Resolutions                         1663

Chapter 196


A Concurrent Resolution urging the United States Environmental Protection Agency
to maintain current air quality standards unless benefit and economic impact demon-

WHEREAS, The United States Environmental Protection Agency
(EPA) has a responsibility to review periodically National Ambient Air
Quality Standards (NAAQS) and EPA has proposed a more stringent
standard for ground level ozone and added a separate standard for par-
ticulate matter (PM2.5) to the existing ground PM10 standard; and

WHEREAS, The State of Kansas and Kansas businesses and citizens
have worked hard to maintain and improve air quality, with the knowledge
that clean air is good for the environment, the economy and people's
health and quality of life; and

WHEREAS, Kansas is very proud of its continually improving air qual-
ity, with the entire state in attainment for all air quality standards and the
Kansas City metropolitan area among the largest cities in the United
States in attainment for these standards; and

WHEREAS, There is very little existing PM2.5 monitoring data, and
there is considerable uncertainty about the scientific validity of the the-
ories, data and conclusions upon which the proposed NAAQS are based
and the cost and feasibility of compliance; and

WHEREAS, Agriculture is the number one industry of this state and
the additional PM2.5 standard being considered could result in many
more nonattainment areas in Kansas because of the impact of normal and
approved agricultural practices; and

WHEREAS, Expensive pollution prevention programs would impose
a significant economic burden on the citizens of the State, especially in
rural Kansas, without commensurate air quality benefits and without a
practical means to achieve the additional standard or the ability to attain
compliance; and

WHEREAS, a more stringent ozone standard could result in the Kan-
sas City metropolitan area's being designated as ``nonattainment'' simply
because of a change in the standard, not because of a change in air quality,
thus imposing significant economic, administrative and regulatory bur-
dens on more citizens, businesses and local governments in this state; and

1664                         Resolutions                         Ch. 196

WHEREAS, The states of Kansas and Missouri have designated the
Mid-America Regional Council to work cooperatively with all stakehold-
ers to recommend a plan to maintain and improve Kansas City air quality
and the Council has now submitted recommendations for a comprehen-
sive program to further improve air quality in the Kansas City metropol-
itan area; and

WHEREAS, The Department of Health and Environment is monitor-
ing air quality to determine the levels of naturally occurring particulate
matter in the air of this state; Now, therefore,

Be it resolved by the Senate of the State of Kansas, the House of Rep-
resentatives concurring therein:
That the Mid-America Regional Coun-
cil is commended for its public participation process, which included all
stakeholders in the development of its recommendations, and is encour-
aged to continue to include all affected stakeholders when beginning con-
sideration of implementation of its recommendations; and

Be it further resolved: That the Legislature supports all current air
quality standards and opposes a separate standard for PM2.5 at this time
and opposes any change in the ozone standard until such time as the
positive benefits of any new air quality programs in the Kansas City met-
ropolitan area have been realized; and

Be it further resolved: That the Legislature urges the EPA to continue
studying the need for changes in the National Ambient Air Quality Stan-
dards but to approve any change only after a cost benefit analysis and a
risk assessment, similar to those required for environmental rules and
regulations pursuant to K.S.A. 77-416 and amendments thereto, dem-
onstrating the environmental benefit and economic impacts for each
unique air shed such as the high plains of Kansas; and

Be it further resolved: That the Secretary of State be directed to send
enrolled copies of this resolution to the Executive Director of the Mid-
America Regional Council, to the Administrator of the United States En-
vironmental Protection Agency for consideration as written testimony for
Docket Nos. A-95-54 and A-95-58 and to each member of the Kansas
congressional delegation.

Adopted by the House April 1, 1997

Adopted by the Senate April 2, 1997