[Congressional Record Volume 140, Number 101 (Thursday, July 28, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 28, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-607. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Environment 
     and Public Works.

                 ``Senate Concurrent Resolution No. 69

       ``Whereas, in order to achieve national ambient air quality 
     standards (NAAQS), the CAA requires ozone nonattainment areas 
     classified as serious to implement, at the state's or the 
     driving public's expense, an enhanced automobile emissions 
     inspection and maintenance program pursuant to standards set 
     by the U.S. Environmental Protection Agency (EPA); and
       ``Whereas, Section 182(a) of the CAA requires EPA to issue 
     ``guidance'' to the states providing them with ``continued 
     reasonable flexibility to fashion effective, reasonable, and 
     fair programs for the affected consumer;'' and
       ``Whereas, the states, including Louisiana, have been 
     effectively denied the flexibility provided in Section 182(a) 
     by EPA arbitrarily withholding approval of any other 
     program than its ``model program''; and
       ``Whereas, the EPA's ``model program'' was formulated based 
     on a hypothetical computer generated model using now outdated 
     emissions data from 1980 model auto test fleet using 
     assumptions which are seriously questionable based on recent 
     data from real-world conditions; and
       ``Whereas, the implementation in the real world of 
     Louisiana of EPA's hypothetical ``model program'' will most 
     likely cause long waiting lines at inspections stations with 
     the greatest cost and inconvenience impacting the driving 
     poor; and
       ``Whereas, the program's benefits are highly speculative, 
     uncertain, and very questionable as evidenced by a recent 
     study conducted by EPA which showed that its basic 
     assumptions regarding highway emissions are seriously flawed 
     when real-world data such as traffic conditions and air 
     conditioning use, are adequately considered; and
       ``Whereas, EPA's ``model program'' requires testing at one 
     location and repair of ``dirty'' automobiles at another 
     location, with long waiting liens likely at each; and
       ``Whereas, studies show that up to twenty-five percent of 
     tested vehicles are falsely failed and on which no repairs 
     are needed to bring such a vehicle up to standards; and
       ``Whereas, recent air quality monitoring indicates an 
     improvement to such an extent that if classified now the 
     Baton Rouge nonattainment area would not be required to 
     implement an enhanced program, nevertheless the EPA's Part 51 
     rules do not provide credit for such ``voluntary'' 
     improvements; and
       ``Whereas, although both federal and state governments want 
     cleaner air, implementation of the ``model program'' is 
     premature. As evidenced by the Government Accounting Office 
     recent report that ``EPA's enhanced I&M program could benefit 
     from further research on technology, costs, and motorists' 
     behavioral responses, which would be more prudent than 
     committing the entire nation to a $5 billion per year program 
     while major information gaps remain.''
       Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize Congress to seek suspension of the enhanced 
     automobile inspection and maintenance program; or pressure 
     USEPA into revising its mobile source rules to allow states 
     reasonable flexibility in designing their programs as 
     intended by the CAA amendments of 1990; or amend the Clean 
     Air Act to provide for reclassification of a nonattainment 
     area like the Baton Rouge ozone nonattainment area in which 
     substantial progress toward ozone attainment has already been 
     made; or take steps to allow other relief as may be required 
     to allow for a more reasonable solution to Baton Rouge's air 
     quality problems. Be it further
       ``Resolved, That the Congress encourage the EPA to 
     implement the flexibility and waiver process ordered by the 
     President in Executive Order No. 12875 issued on October 26, 
     1993. Be it futher
       ``Resolved, That a copy of this Resolution be transmitted 
     to the presiding offices of the U.S. Senate and House of 
     Representatives, to each member of the Louisiana 
     congressional delegation and to the secretary of the 
     Department of Environmental Quality .''

                          ____________________