Resolution to Support the Current National Ambient Air Quality Standard (NAAQS) for Particulate Matter (PM) Exposed

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The Resolution to Support the Current National Ambient Air Quality Standard for Particulate Matter was adopted by ALEC's Natural Resources Task Force at the Annual Meeting on July 20, 2006, approved by the ALEC Board of Directors in August, 2006. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law. A similar, more recent bill titled "Resolution Supporting Reasonable Reconsideration of the National Ambient Air Quality Standard for Ozone" is available on ALEC.org, approved by the Board of Directors on January 9, 2015. (Accessed on 7/23/2015).

ALEC Bill Text

WHEREAS, the Environmental Protection Agency (EPA) has concluded that emissions of six principal air pollutants has dropped by 53 percent between 1970 and 2005, while gross domestic product increased 195 percent, vehicle miles traveled increased 178 percent, energy consumption increased 48 percent, and U.S. population grew by 42 percent; and

WHEREAS, the EPA has also found that national concentrations of particulate matter (PM)10 have decreased by 31 percent since 1988 and PM2.5 concentrations have decreased by 10 percent nationally since 1999; and

WHEREAS, the EPA projects significant further reductions in PM2.5 concentrations over the next two decades as the result of recently promulgated federal rules that will reduce NOx and SO2 emissions from mobile and stationary sources including:

  • The Tier 2 Mobile Source Rule which became effective in 2004, but which the full benefits of which will not be realized until 2019;
  • The Highway Diesel Rule which will goes into effect in 2007 and which the full benefits of will not be realized until 2017 or later, and which will reduce NOx emissions by 2.6 million tons per year and PM emissions by 110,000 tons per year.
  • The Off Road Diesel Rule which will not be effective until 2007 and which the full benefits of will not be realized until 2015;
  • The Clean Air Interstate Rule which will not be effective under its first phase until 2010 and under its second phase until 2018 and when fully implemented will reduce SO2 emissions in the eastern United States by over 70 percent and NOx emissions by over 60 percent from 2003 levels
  • The Clean Air Visibility Rule which will become effective in 2007 and will result in annual NOx reductions of about 600,000 tons and annual SO2 reductions of about 400,000 tons annually; and
  • The Clean Air Mercury Rule which will become fully effective in 2018 and will also reduce fine particulate matter emissions; and

WHEREAS, many states and local communities have made substantial investments over the past 20 years to improve air quality and the costs to States and local communities in jobs, taxes and economic growth of attaining the existing PM2.5 and Ozone NAAQS are expected to be significant; and

WHEREAS, the EPA projects that even with these recently promulgated federal measures, a number of already well-controlled metropolitan areas will not attain the existing PM2.5 and/ or 8-hour ozone NAAQS within the 2010-2015 timeframe prescribed by EPA, and could face highway sanctions or draconian control measures; and

WHEREAS, states and local communities are expending significant resources developing State Implementation Plans (SIPs) and are just now beginning to implement the 1997 PM2.5 and 8-hour Ozone NAAQS; and

WHEREAS, the EPA is now proposing to significantly lower the 1997 PM2.5 NAAQS by September 2006, which will require states to submit new implementation plans and impose additional costly local control measures ahead of more cost-effective federal controls; and

WHEREAS, the existing 1997 standard was deemed protective of human health and the environment and EPA’s current estimate of health effects from exposure to PM2.5 has decreased since 1997; and

WHEREAS, since 1997 the scientific uncertainties regarding PM health effects have increased; and

WHEREAS, a lower 1997 PM2.5 NAAQS will bring new communities into nonattainment for the first time even though air quality is expected to improve in these areas; and

WHEREAS, a lower PM2.5 standard will make it more difficult and costly for existing non-attainment areas to attain the standard; therefore

BE IT RESOLVED, the American Legislative Exchange Council (or insert optional language {the State of____________}) supports the streamlining of regulatory requirements by allowing the most recently enacted air quality rules authorized by the U.S. Congress to take effect prior to any new reductions in the NAAQS PM standard; and

BE IT RESOLVED, the American Legislative Exchange Council (or insert optional language{ the State of____________}) requests the U.S Congress to require the EPA to provide a rigorous cost benefit analysis of the implementation of the current PM standard by individual states and/ or local governments in conjunction with the air quality rules listed above prior to the reduction of the 1997 PM standard by the federal government; and

BE IT RESOLVED, the American Legislative Exchange Council (or insert optional language {the State of ______________} supports maintaining current NAAQS for PM until the full benefits of the recently enacted air quality rules are in effect.


Adopted by ALEC's Natural Resources Task Force at the Annual Meeting, July 20, 2006.

Approved by the ALEC Board of Directors August, 2006.

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