1664                         Resolutions                         Ch. 197

Chapter 197


A Concurrent Resolution concerning the Ozone Transport Assessment Group (OTAG).

WHEREAS, The federal environmental policy for the nation as estab-
lished by Congress through the enactment of the Clean Air Act and its

Ch. 197                         Resolutions                         1665

amendments has established a very aggressive and ambitious program for
meeting the health-based ozone air quality standard throughout the
United States; and the states are primarily responsible for meeting these
program requirements through the development of state plans; and

WHEREAS, The Ozone Transport Assessment Group (OTAG) -
whose membership is composed of the 13 Northeastern States in the
Ozone Transport Commission, the 24 states from the Midwest and South
and the United States Environmental Protection Agency (EPA)- was es-
tablished specifically to work together to address these issues; and

WHEREAS, OTAG is working within a very short time frame to sci-
entifically assess the ozone transport issue and develop acceptable rec-
ommendations to deal with the problems and the scientific and technical
credibility of the work being done is critical to the success of this effort;

WHEREAS, Kansas and other states across the nation have spent bil-
lions of dollars to comply with the Federal Clean Air Act and its provisions
and costly emission restrictions have the potential to adversely impact
state environmental programs, the price of energy and the ability of the
industries, businesses and people of Kansas to compete in the global mar-
ketplace; Now, therefore:

Be it resolved by the Senate of the State of Kansas, the House of Rep-
resentatives concurring therein:
That the Legislature encourage the
EPA to allow the states to work together to complete the technical as-
sessment of the ozone transport issues within OTAG and call upon the
EPA to allow adequate time to complete all of the extensive technical
work required, including the complex computer modeling which is un-
derway and upon which many major policy decisions may rest. This is
essential given the high economic stakes which are at risk in this effort
and the probability that actions by the state or people of Kansas will have
little, if any, effect on the air quality of other states; and

Be it further resolved: That the Legislature endorse the scientific as-
sessment of nitrogen oxide and ozone transport issues currently under
development by OTAG, and specifically call upon the EPA to allow this
group adequate time to complete and verify the accuracy of a massive
computer model upon which the economic future of the Midwest may
well rest, and reject the short, arbitrary deadlines which will impede en-
suring the validity of that model and the practice of sound science; and

Be it further resolved: That the Legislature call upon the EPA and
OTAG to encourage the active participation of governors and other
elected officials in OTAG; and to refrain from actions or decisions in the
absence of such participation that would have the effect of imposing on
Kansas regulatory requirements in excess of and in addition to those al-
ready specified by the Clean Air Act, as amended; and

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Be it further resolved: That the Legislature call upon OTAG to ensure
that any strategy selected is based on sound science and is the most cost-
effective means of reducing transported ozone; and

Be it further resolved: That the Legislature request that the recom-
mendations ultimately produced by OTAG be carefully reviewed and con-
sidered by the 37 states and, if the recommendations are beyond the
legislative authority currently contained in the Clean Air Act, then a joint
legislative proposal should be agreed upon for United States congres-
sional consideration; and

Be it further resolved: That the Legislature call upon OTAG to care-
fully consider the states to be included in any recommended control strat-
egy with respect to distance from any serious or severe nonattainment
area, number and size of emission sources, current attainment status of
ozone standards, and insignificant impact on any ozone nonattainment
area in the Eastern United States; and

Be it further resolved: That the Legislature request that OTAG, be-
fore a final recommendation is submitted to the EPA, provide affected
state legislatures with the final recommended strategy along with the
estimated cost of compliance; and

Be it further resolved: That the Secretary of State be directed to send
enrolled copies of this resolution to OTAG, the Administrator of the
United States Environmental Protection Agency and each member of the
Kansas congressional delegation.

Adopted by the House April 1, 1997

Adopted by the Senate April 2, 1997