View source for Resolution Supporting Reasonable Reconsideration of the National Ambient Air Quality Standard for Ozone Exposed

The '''Resolution Supporting Reasonable Reconsideration of the National Ambient Air Quality Standard for Ozone''' was adopted by ALEC's [https://www.sourcewatch.org/index.php/ALEC_Energy,_Environment_and_Agriculture_Task_Force Energy, Environment and Agriculture Task Force] at the States and Nation Policy Summit on December 5, 2014, approved by the Board of Directors on January 9, 2015. (Accessed January 6, 2017).

==ALEC Bill Text==

WHEREAS, the United States Environmental Protection Agency (EPA) is currently in the process of reconsidering the National Ambient Air Quality Standard for Ozone (Ozone NAAQS);

WHEREAS, both independent studies and EPA’s own analysis demonstrate that a more stringent Ozone NAAQS will impose significant cost burdens on the American economy, consumers, and businesses;

WHEREAS, in instructing the EPA Administrator to withdraw a previous proposed reconsideration of the Ozone NAAQS on September 2, 2011, President Obama acknowledged these burdens by stating: “I have continued to underscore the importance of reducing regulatory burdens and regulatory uncertainty, particularly as our economy continues to recover. With that in mind, and after careful consideration, I have requested that Administrator Jackson withdraw the draft Ozone National Ambient Air Quality Standards at this time.”;

WHEREAS, there are 221 counties throughout the United States that are currently classified by EPA as being in non-attainment with the existing ozone standard of 75 parts per billion established in 2008;

WHEREAS, implementation of State Implementation Plans to meet the existing ozone standard in those 221 non-attainment counties was delayed due to EPA’s reconsideration of the standard begun in 2009 and halted by President Obama in 2011;

WHEREAS, a more stringent Ozone NAAQS is liable to increase significantly the number of counties in the United States deemed to be in non-attainment, thus creating additional regulatory burdens for many States before current non-attainment areas have met the existing ozone standard;

WHEREAS, according to EPA data, the aggregate U.S. emissions of the six principal or “criteria” air pollutants (carbon monoxide, lead, nitrogen oxides, volatile organic compounds, particulate matter, and sulfur dioxide) declined 62 percent from 1980 to 2013; and, according to EPA’s Summary of the updated Regulatory Impact Analysis for the Reconsideration of the 2008 Ozone National Ambient Air Quality Standard, “[i]t is also clear that there will be substantial improvements in ozone air quality between now and 2020 due to existing and recently promulgated emissions reduction rules”;

WHEREAS, the Clean Air Scientific Advisory Committee, in recommending any new national ambient air quality standards or revisions of existing standards, has a statutory obligation as prescribed by the Clean Air Act (42 USC § 7409 (d)(2)C)(iv)) to “advise the Administrator of any adverse public health, welfare, social, economic, or energy effects which may result from various strategies for attainment and maintenance of such national ambient air quality standards”;

WHEREAS, the State of {state} maintains that the Federal government and its agencies should seek to implement policies that encourage American economic growth, rather than hinder it; incentivize a return of manufacturing and business to the United States, rather than send additional jobs overseas; and avoid placing additional burdens on the American people and our Nation’s economy through the creation of overly stringent regulations;

NOW, THEREFORE, BE IT RESOLVED that the State of {state} strongly urges the Administrator of the United States Environmental Protection Agency, in promulgating a national primary or secondary ambient air quality standard for ozone, to:

*Not promulgate a national primary or secondary ambient air quality standard for ozone that is lower than the standard established under section 50.15 of title 40, Code of Federal Regulations (as in effect on January 1, 2014), until all of the counties that were nonattainment areas under that standard as of January 1, 2014, achieve full compliance with that standard;

*Only consider all or part of a county to be a nonattainment area under the standard on the basis of direct air quality monitoring;

*Take into consideration feasibility and cost; and

*Include in the regulatory impact analysis for the proposed and final rule at least one analysis that does not include any calculation of benefits resulting from reducing emissions of any pollutant other than ozone.