[Congressional Record Volume 144, Number 79 (Wednesday, June 17, 1998)]
[Extensions of Remarks]
[Page E1148]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                  HAZE REGULATIONS IN EASTERN COLORADO

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                           HON. BOB SCHAFFER

                              of colorado

                    in the house of representatives

                        Wednesday, June 17, 1998

  Mr. BOB SCHAFFER of Colorado. Mr. Speaker, as you know, state and 
local officials often bear the brunt of decisions made here in 
Washington. They contend with the real-life consequences of unrealistic 
attempts to force national, one-size-fits-all standards on problems 
that vary from state to state.
  A case in point is the Environmental Protection Agency's proposed 
rules concerning haze regulations. These proposed rules fail to take 
sufficient account of the unique conditions and challenges faced by 
local officials. What may be applicable to northern Arkansas, is not 
necessarily the right solution for eastern Colorado. By failing to 
recognize these unique situations, the EPA's regulations become one 
more obstacle for local officials, and do little to mitigate the 
problem they intended to solve.
  I rise today to inform the House of a Joint Resolution recently 
adopted by the Colorado Legislature, and I believe this House would be 
well served to heed their advice. I submit for the Record the text of 
this Resolution:

                     Senate Joint Resolution 98-003


  Concerning a recommendation that the United States Congress adopt a 
     legislative rule review process for environmental regulations

       Whereas, On July 31, 1997, the Environmental Protection 
     Agency (EPA) issued its Notice of Proposed Rulemaking 
     concerning regional haze regulations (the Notice); and
       Whereas, In the Notice, the EPA cites as legislative 
     authority for the proposed regulations a federal statute 
     directing the EPA to ensure ``reasonable progress'' toward 
     the attainment of improved visibility in class I areas; and
       Whereas, Under this rubric of ``reasonable progress'', the 
     EPA seeks to impose a rigid scheme of steadily increasing 
     requirements nationwide, without exception and without 
     consideration for the very real differences among the various 
     states and regions affected; and
       Whereas, The EPA has estimated that implementation of this 
     program will cost approximately 2.9 billion dollars, of which 
     2.07 billion dollars will come from states in the West that 
     already have the cleanest air in the nation; and
       Whereas, Of such visible pollution as there may be that 
     effects class I areas in the Western states, a significant 
     portion comes from beyond their borders or originates on 
     lands controlled by federal agencies; and
       Whereas, For these reasons, the proposed regulations are 
     grossly unfair and irrational; and
       Whereas, We believe that by promulgating these regulations 
     the EPA has far exceeded its congressional mandate to ensure 
     ``reasonable progress'' in this area; and
       Whereas, This is only one example of the increasingly 
     common situation in which the EPA oversteps its delegated 
     authority by promulgating regulations that are economically 
     burdensome, scientifically dubious, counterproductive, and 
     contrary to reasonable interpretations of Congressional 
     intent; and
       Whereas, Such abuses could be prevented or reduced if there 
     were an institutional process by which Congress would have 
     the final say about whether its directives were being 
     faithfully carried out; and
       Whereas, Colorado has had such a process in place for many 
     years, to the great benefit of the state and its citizens; 
     and
       Whereas, Under this process, all rules newly adopted or 
     amended by administrative agencies automatically expire 
     within one year unless reviewed, for the limited purpose of 
     determining whether they are within the scope of the agencies 
     legislatively granted authority, and affirmatively extended 
     in an omnibus bill passed by the legislature each year for 
     that purpose; and
       Whereas, We believe that the application of such a process 
     to EPA regulations at the national level would keep the 
     agency accountable to Congress, improve the image of the EPA 
     and Congress in the eyes of the American public, avoid 
     overreaching regulations such as the pending Regional Haze 
     Regulations, and benefit both the national economy and the 
     natural environment; now, therefore,
       Be It Resolved by the Senate of the Sixty-first General 
     Assembly of the State of Colorado, The House of 
     Representatives concurring herein: That we, the members of 
     the Colorado General Assembly, hereby request the Congress of 
     the United States to adopt statutes analogous to sections 24-
     4-103(8)(d) and 25-7-133, Colorado Revised Statutes, 
     providing for automatic legislative review of all regulations 
     newly adopted or amended by the EPA for the purpose of 
     determining whether they are within the scope of the EPA's 
     legislatively delegated authority and whether they accomplish 
     their policy objectives in a cost-effective manner and 
     further providing for the automatic expiration, within a time 
     certain, of all such regulations not affirmatively extended 
     by act of Congress.
       Be it further resolved, That copies of this resolution be 
     sent to each member of Colorado's Congressional delegation 
     and the administrator of the EPA.

     

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