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CONCURRENT RESOLUTION CONCERNING

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SWITCHER LOCOMOTIVE EMISSION STANDARDS

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2019 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Stephen G. Handy

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Senate Sponsor: Todd Weiler

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8     LONG TITLE
9     General Description:
10          This concurrent resolution requests that Congress allow states to regulate certain
11     switcher locomotive emission standards.
12     Highlighted Provisions:
13          This resolution:
14          ▸     recognizes the railroad's economic impact in Utah;
15          ▸     describes the Environmental Protection Agency's (EPA) emission standards for
16     switcher locomotives;
17          ▸     recognizes that more stringent emission standards for switcher locomotives would
18     reduce harmful emissions in the state;
19          ▸     acknowledges that federal law prohibits states from adopting more stringent
20     emission standards for switcher locomotives; and
21          ▸     requests that Congress allow states to regulate certain switcher locomotive
22     emissions standards.
23     Special Clauses:
24          None
25     

26     Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
27          WHEREAS, railroads continue to play a vital role in Utah's economy;
28          WHEREAS, there are approximately 63 switcher locomotives operating in Utah;
29          WHEREAS, the vast majority of the switcher locomotives operating in Utah are

30     certified to the Environmental Protection Agency's (EPA) Tier 0 or Tier 0+ emission standards;
31          WHEREAS, the Utah Division of Air Quality finds replacing and repowering switcher
32     locomotives to be a cost-effective emission control strategy;
33          WHEREAS, replacing or repowering a switcher locomotive certified to the Tier 0+
34     emission standard to meet Tier 4 emission standards would result in an 89% reduction in
35     nitrogen-oxide emissions and an 88.5% reduction in direct particulate-matter emissions;
36          WHEREAS, the Clean Air Act, 42 U.S.C. Sec. 7543(e) prohibits states from
37     establishing emission standards for locomotives;
38          WHEREAS, current EPA emissions standards only require switcher locomotives
39     certified to the Tier 0 emission standard to be remanufactured to meet the Tier 0+ emission
40     standard and such remanufacturing may continue indefinitely; and
41          WHEREAS, the EPA has continued to tighten the National Ambient Air Quality
42     Standards for fine particulate matter and ozone without providing improved locomotive
43     remanufacturing emissions requirements to help meet said standards:
44          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
45     Governor concurring therein, hereby requests that Congress allow states to regulate switcher
46     locomotive emissions standards so that a state can require that Tier 0 and 0+ locomotives be
47     repowered to meet Tier 4 standards or otherwise be retired in a timely and cost-effective
48     manner.
49          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the President of
50     the United States, the United States Environmental Protection Agency's Office of the
51     Administrator, and each member of Utah's congressional delegation.