[Congressional Record Volume 143, Number 46 (Thursday, April 17, 1997)]
[Senate]
[Pages S3347-S3348]
From the Congressional Record Online through the Government Publishing Office [www.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-46. A concurrent resolution adopted by the Legislature 
     of the State of Michigan; to the Committee on Environment and 
     Public Works.

                   House Concurrent Resolution No. 11

       Whereas, the United States 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, the EPA is considering establishing a more 
     stringent ozone standard and a new, more stringent standard 
     for particulate matter at or below 2.5 microns (PM2.5); and
       Whereas, Michigan, through its local jurisdictions, 
     businesses, and citizens, has supported health-based National 
     Ambient Air Quality Standards (NAAQS) that are premised on 
     sound science; and
       Whereas, Michigan has made significant progress in meeting 
     current NAAQS for both ozone and particulate matter (PM) 
     under the Clean Air Act amendments of 1990, although there 
     are some areas that have not yet come into compliance with 
     the current standard(s); and
       Whereas, Michigan, through its local jurisdictions, 
     businesses, consumers, and taxpayers, has borne considerable 
     cost to come into compliance with the current NAAQS for ozone 
     and particulate matter; and
       Whereas, the proposed new standards will significantly 
     expand the number of nonattainment areas for both ozone and 
     particulate matter. This may result in additional emission 
     controls in all areas, thus imposing significant economic, 
     administrative, and regulatory burdens on Michigan, its 
     citizens, businesses, and local governments; and
       Whereas, EPA's own Clean Air Science Advisory Committee 
     (CASAC) was unable to find any ``bright line'' that would 
     distinguish any public health benefit among any of the 
     proposed new standards for ozone, including the current 
     standard; and
       Whereas, there is very little existing PM2.5 monitoring 
     data; and
       Whereas, there are many unanswered questions and scientific 
     uncertainties regarding the health effects of particulate 
     matter, in particular PM2.5, including: Divergent opinions 
     among scientists who have investigated the issue; Exposure 
     misclassification; Measurement errors; Lack of supporting 
     toxicological data; Lack of a plausible toxicological 
     mechanism; Lack of correlation between recorded PM levels and 
     public health effects; Influence of other variables; and The 
     existence of possible alternative explanations; and
       Whereas, no scientific proof exists that establishing a 
     more stringent ozone standard or a new, more stringent PM2.5 
     standard would avoid alleged adverse health, but it would 
     assuredly impose significantly higher costs; and
       Whereas, the issue of transported volatile organic 
     compounds is not adequately addressed; Now therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring, That we advise and strongly urge the EPA to 
     reaffirm the existing NAAQS for ozone; and be it further
       Resolved, That we advise and strongly urge the EPA to 
     reaffirm the existing NAAQS for PM10; and be it further
       Resolved, That we advise and strongly urge the EPA to 
     refrain from establishing a new NAAQS for PM2.5 at this time 
     and to gather the necessary PM2.5 monitoring data and conduct 
     all necessary research needed to address the issue of 
     causality and other critical and important unanswered 
     scientific questions concerning PM2.5; and be it further
       Resolved, That we advise and strongly urge the EPA to 
     identify any unfunded mandates or other administrative and 
     economic burdens for state or local governments or agencies 
     that would result from the proposed changes to the NAAQS for 
     ozone and particulate matter; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, the members of the Michigan congressional 
     delegation, the administrator of the United States 
     Environmental Protection Agency, and other appropriate 
     administration officials.
                                                                    ____

       POM-47. A resolution adopted by the Senate of the 
     Legislature of the State of Michigan; to the Committee on 
     Environment and Public Works.

                        Senate Resolution No. 22

       Whereas, the United States 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, the EPA is considering establishing a more 
     stringent ozone standard and a new, more stringent standard 
     for particulate matter at or below 2.5 microns (PM2.5); and
       Whereas, Michigan, through its local jurisdictions, 
     businesses, and citizens, has supported health-based National 
     Ambient Air Quality Standards (NAAQS) that are premised on 
     sound science; and
       Whereas, Michigan has made significant progress in meeting 
     current NAAQS for both ozone and particulate matter (PM) 
     under the Clean Air Act amendments of 1990, although there 
     are some areas that have not yet come into compliance with 
     the current standard(s); and
       Whereas, Michigan, through its local jurisdictions, 
     businesses, consumers, and taxpayers, has borne considerable 
     cost to come into compliance with the current NAAQS for ozone 
     and particulate matter; and
       Whereas, the proposed new standards will significantly 
     expand the number of nonattainment areas for both ozone and 
     particulate matter. This may result in additional emission 
     controls in all areas, thus imposing significant economic, 
     administrative, and regulatory burdens on Michigan, its 
     citizens, businesses, and local governments; and
       Whereas, EPA's own Clean Air Science Advisory Committee 
     (CASAC) was unable to find any ``bright line'' that would 
     distinguish any public health benefit among any of the 
     proposed new standards for ozone, including the current 
     standard; and
       Whereas, there is very little existing PM2.5 monitoring 
     data; and
       Whereas, there are many unanswered questions and scientific 
     uncertainties regarding the health effects of particulate 
     matter, in particular PM2.5, including: Divergent opinions 
     among scientists who have investigated the issue; Exposure 
     misclassifications; Measurement errors; Lack of supporting 
     toxicological data; Lack of a plausible toxicological 
     mechanism; Lack of correlation between recorded PM levels and 
     public health effects; Influence of other variables; and The 
     existence of possible alternative explanations; and
       Whereas, no scientific proof exists that establishing a 
     more stringent ozone standard or a new, more stringent PM2.5 
     standard would avoid alleged adverse health, but it would 
     assuredly impose significantly higher costs; and
       Whereas, the issue of transported volatile organic 
     compounds is not adequately addressed; and
       Whereas, the EPA and its Clean Air Science Advisory 
     Committee have raised issues relative to serious health 
     concerns that may be addressed with a new PM2.5 standard; and
       Whereas, scientists on the Clean Air Science Advisory 
     Committee (CASAC) panel voted 19-2 that some new standard 
     should be set to regulate PM 2.5; Now, therefore, be it
       Resolved by the Senate, That we advise and strongly urge 
     the EPA to reaffirm the existing NAAQS for ozone; and be it 
     further
       Resolved, That we advise and strongly urge the EPA to 
     reaffirm the existing NAAQS for PM10; and be it further
       Resolved, That we advise and strongly urge the EPA to 
     continue to work to establish a clear consensus among its own 
     Science Advisory Committee for the level of a PM 2.5 standard 
     at a level at which the benefits outweigh the costs and to 
     continue; and be it further
       Resolved, That we advise and strongly urge the EPA to 
     identify any unfunded mandates or other administrative and 
     economic burdens for state or local governments or agencies 
     that would result from the proposed changes to the NAAQS for 
     ozone and particulate matter; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, the members of the Michigan congressional 
     delegation, the administrator of the United States 
     Environmental Protection Agency, and other appropriate 
     administration officials.
                                                                    ____

       POM-48. A concurrent resolution adopted by the Legislature 
     of the State of West Virginia; to the Committee on 
     Environment and Public Works.

                   House Concurrent Resolution No. 7

       Whereas, ambient air quality, regulated under the Federal 
     Clean Air Act, has improved substantially since 1970 in West 
     Virginia, and will continue to improve as the Clean Air Act 
     amendments of 1990 are implemented to further reduce 
     pollutants; and
       Whereas, the U.S. Environmental Protection Agency, which 
     periodically reviews the National Ambient Air Quality 
     Standards, proposes revisions to those standards that

[[Page S3348]]

     could increase the number of areas in West Virginia 
     considered to be in nonattainment with federal air quality 
     standards; and
       Whereas, nonattainment with federal air quality standards 
     could have a serious economic impact in West Virginia and may 
     result in severe restrictions on economic development, loss 
     of jobs and in a potential loss of federal highways funds; 
     and
       Whereas, substantial scientific uncertainties surround the 
     determination of causality for potential adverse health 
     effects that may be associated with exposure to fine 
     particulates; and
       Whereas, there is little existing data regarding the 
     monitoring of fine particulate matter; and
       Whereas, the Environmental Protection Agency's Clean air 
     Science Advisory Committee has not determined that there are 
     significant public health benefits associated with revising 
     the standards on ozone and fine particulate matter; and
       Whereas, West Virginia, through its Legislature, citizens, 
     businesses and regulatory agencies, worked hard to reduce air 
     pollution and to meet clean air requirements, resulting in 
     all counties in the state currently being in compliance with 
     the present standards for ozone and particulate matter; and
       Whereas, the coal, chemical, primary metals, electric 
     utility and other West Virginia industries who already have 
     expended considerable resources and suffered negative impacts 
     resulting from programs designed to meet the existing 
     requirements of the Clean Air Act could be subjected to 
     further negative impacts resulting from the proposed 
     standards; and
       Whereas, West Virginia is a major source of electric 
     generation and stands to benefit from proposed electric 
     utility deregulation, a benefit that could be significantly 
     lessened by the resulting increase in the cost of electric 
     service to the citizens and businesses of the state due to 
     the proposed standards; and
       Whereas, the development of the economy in this state has 
     historically faced significant obstacles, and recent economic 
     development indicators demonstrate that West Virginia is 
     poised for growth while maintaining present air quality 
     standards; therefore, be it
       Resolved by the Legislature of West Virginia: That the 
     Congress of the United States is requested to enact 
     legislation that requires the Administrator of the United 
     States Environmental Protection Agency to maintain the 
     current National Ambient Air Quality Standards for ozone and 
     fine particulate matter until there is a thorough review by 
     the scientific community, as well as a thorough, 
     scientifically valid and comprehensive cost-benefit analysis, 
     where appropriate, of the impact of the proposed changes to 
     the current standards; and, be it further
       Resolved, That the Clerk of the House of Delegates shall, 
     immediately upon its adoption, transmit duly authenticated 
     copies of this resolution to the Speaker and the Clerk of the 
     United States House of Representatives, the President Pro 
     Tempore and the Secretary of the United States Senate, the 
     members of the West Virginia congressional delegation and the 
     Administrator of the EPA.
                                                                    ____

       POM-49. A petition from a citizen of the State of 
     California relative to habeas corpus; to the Committee on the 
     Judiciary.

                          ____________________