S.J.R. 12

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RESOLUTION ON OZONE AND PARTICULATE MATTER
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Mike Dmitrich
5 A JOINT RESOLUTION OF THE LEGISLATURE EXPRESSING OPPOSITION TO
6 PARTICULATE MATTER AND OZONE STANDARDS NEWLY PROPOSED BY THE
7 ENVIRONMENTAL PROTECTION AGENCY; URGING FURTHER STUDY BEFORE
8 PROMULGATING NEW STANDARDS; REQUESTING THAT EXISTING STANDARDS
9 CONTINUE UNTIL DATA CAN CONFIRM THAT BENEFITS OUTWEIGH THE COSTS
10 OF COMPLIANCE; REQUESTING THAT THE ENVIRONMENTAL PROTECTION
11 AGENCY IDENTIFY ANY ADMINISTRATIVE AND ECONOMIC BURDENS FOR
12 GOVERNMENT ENTITIES CAUSED BY ADOPTION OF THE PROPOSED STANDARDS;
13 AND REQUESTING THAT THE ENVIRONMENTAL PROTECTION AGENCY SUPPORT
14 STATE AND TRIBAL EFFORTS TO SIMPLIFY COMPLIANCE PLANS AND IDENTIFY
15 ECONOMIC APPROACHES AS ALTERNATIVES TO TRADITIONAL REGULATORY
16 APPROACHES.
17 Be it resolved by the Legislature of the state of Utah:
18 WHEREAS the National Ambient Air Quality Standards should be established at levels
19 necessary to protect public health, based on sound, technical, and scientific data;
20 WHEREAS the United States Environmental Protection Agency is under court order to
21 review the particulate matter (PM) National Ambient Air Quality Standard and must make a final
22 decision by June 28, 1997;
23 WHEREAS on November 27, 1996, the Environmental Protection Agency proposed
24 tightening the particulate matter National Ambient Air Quality Standard by adding a separate
25 standard for h [PM 25 ] PM 2.5 h to the existing PM 10 standard;
26 WHEREAS since the Clean Air Act was signed into law in 1970, the American public
27 continues to benefit from air quality programs that have resulted in significant decreases in

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1 emissions of all the six criteria air pollutants and improved air quality, including decreases in
2 ambient concentrations of all criteria pollutants despite growth in population and vehicle use, and
3 a 20 percent decrease in ambient concentrations of PM 10 between 1985 and 1994;
4 WHEREAS recent epidemiological studies indicate a correlation between ambient PM
5 concentrations and adverse health effects, raising serious concerns that must be promptly and
6 thoroughly investigated;
7 WHEREAS the Environmental Protection Agency has indicated a comprehensive research
8 program is needed to determine proper ambient concentrations and control strategies to protect
9 public health, and Congress has given the agency $18.8 million to fund significant new research
10 on health effects, exposure, monitoring, and modeling studies for particulate matter;
11 WHEREAS additional research is needed because there is very little h [PM 25 ] PM 2.5 h
11a monitoring
12 data, and current research indicates there is insufficient data available to decide what changes, if
13 any, should be made to the current particulate matter National Ambient Air Quality Standard;
14 WHEREAS the Environmental Protection Agency's independent Clean Air Scientific
15 Advisory Committee has noted that a number of serious questions remain unanswered and
16 concluded that "our understanding of the health effects of [particulates] is far from complete";
17 WHEREAS establishment of a new h [PM 25 ] PM 2.5 h standard could result in the
17a addition of many
18 new nonattainment areas in the United States, placing potentially unjustified financial and
19 regulatory burdens upon consumers, businesses, and vehicle users as states impose stringent new
20 control technologies designed to bring areas into compliance with new standards not based on
21 sound scientific principles;
22 WHEREAS on November 27, 1996, the Environmental Protection Agency also proposed
23 a new and more stringent National Ambient Air Quality Standard for ozone, though no court order
24 required them to do so and study of the proposed new ozone standard has also not been completed;
25 WHEREAS according to the Environmental Protection Agency, the new ozone standard
26 will increase the number of ozone nonattainment areas nationally by more than three times, to
27 more than 330 counties; and
28 WHEREAS the Environmental Protection Agency's own analysis concludes that the cost
29 of complying with the new ozone standard will be many times greater than the anticipated health
30 benefits:
31 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah urge
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1 the Environmental Protection Agency to do the substantial scientific research program called for
2 by the Clean Air Scientific Advisory Committee, in order to reduce the uncertainties in estimating
3 the health risk of exposure to particulate matter, and to answer the critical questions regarding
4 causality, toxicological mechanisms, exposure, confounders, measurement errors, and statistical
5 modeling before establishing a new h [PM 25 ] PM 2.5 h standard or revising the PM 10 standard.
6 BE IT FURTHER RESOLVED that the Legislature also call upon the Environmental
7 Protection Agency to retain the existing ozone standard until study shows the health benefits
8 outweigh the costs of complying with the proposed standard.
9 BE IT FURTHER RESOLVED that the Legislature consider, as the best method of
10 protecting public health, the gathering of data and the conducting of research and analysis to
11 clearly identify the pollutants responsible for adverse health effects before new standards, if
12 necessary, are set and control programs implemented to reduce emissions.
13 BE IT FURTHER RESOLVED that the Legislature call upon the Environmental Protection
14 Agency to end the setting of standards before gathering data and completing research and analysis,
15 as it did in this case, and seek facts before establishing new standards.
16 BE IT FURTHER RESOLVED that the Legislature request that the Environmental
17 Protection Agency identify any unfunded mandates or other administrative and economic burdens
18 for state, local, or tribal governments caused by adoption of the proposed new particulate matter
19 and ozone National Ambient Air Quality Standards.
20 BE IT FURTHER RESOLVED that the Legislature request that the Environmental
21 Protection Agency support work by states and tribes to simplify the process of developing plans
22 to maintain compliance with existing National Ambient Air Quality Standards, and to identify
23 market-based and other economic approaches as an alternative to traditional regulatory approaches.
24 BE IT FURTHER RESOLVED that copies of this resolution be sent to the administrator
25 of the Environmental Protection Agency, the administrator of Environmental Protection Agency
26 Region Eight, and the members of Utah's congressional delegation.


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Legislative Review Note
as of 1-31-97 4:11 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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