Resolution on Ozone and Particulate Matter NAAQS Revisions Exposed

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The Resolution on Ozone and Particulate Matter NAAQS Revisions does not include adoption or approval information. ALEC has attempted to distance itself from this piece of legislation after the launch of in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

WHEREAS, the U.S. Environmental Protection Agency (EPA) has a responsibility to review periodically the National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter (PM): and

WHEREAS, EPA has promulgated revised federal standards for both ozone and PM NAAQS, which tightened the ozone standard and added a new standard for PM 2.5; and

WHEREAS, states, through their citizens, legislative bodies and regulatory agencies, have worked hard to reduce air pollution and meet clean air requirements; and

WHEREAS, tightened standards will significantly expand the number of nonattainment areas for both standards resulting in emissions controls in additional areas, thus imposing significant economic, administrative and regulatory burdens on mope citizens, businesses and local governments in many states; and

WHEREAS, there is very little existing PM2.5 monitoring data: and

WHEREAS, current research indicates that there are many unanswered questions and uncertainties on the PM issue and the need for a more stringent standard, including; Divergent opinions among scientists who have investigated this issue;

  • The lack of supporting toxicological data:
  • The lack of plausible toxicological mechanism,
  • The lack of correlation between recorded levels and public health effects: and
  • The influence of cofounders.

WHEREAS, no scientific proof exists that more stringent standards for PM 2.5 or ozone will produce significant health benefits, while costs would assuredly be high: and

WHEREAS, serious concerns about the revised standards have been expressed by over 220 members of Congress, more than half of the governors, and over a thousand state and local officials throughout the country;

NOW THEREFORE BE IT RESOLVED THAT THE [INSERT LOWER HOUSE] OF THE STATE OF [INSERT STATE] AND THE [INSERT UPPER CHAMBER] CONCURRING, advises and calls on the US. Congress to enact legislation that retains the previous standards for ozone and PM until further scientific research has been conducted and any change would be supported by substantial scientific evidence in the public record; and

BE IT FURTHER RESOLVED, that the State of [INSERT STATE], calls on Congress to require EPA to gather all information (to address the issue of causality and other important unanswered questions) before any decision can be made to implement and enforce any new PM 2.5 standard: and

BE IT FURTHER RESOLVED, that the state of [INSERT STATE] urges Congress to ensure that EPA identifies all unfunded mandates, as required, or other administrative and economic burdens for state or local governments or agencies, that would result from changes to the NAAQS for ozone or particulate matter;

AND BE IT FURTHER RESOLVED, that the Secretary of the State of [INSERT STATE] transmit copies of this resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the [INSERT STATE] Congressional Delegation, the Administrator of the U.S. Environmental Protection Agency, and other appropriate Administration officials.