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12  A CONCURRENT RESOLUTION urging the United States Environ-
13    mental Protection Agency to maintain current air quality standards
14    unless benefit and economic impact demonstrated.
15
16    WHEREAS, The United States Environmental Protection Agency
17  (EPA) has a responsibility to review periodically National Ambient Air
18  Quality Standards (NAAQS) and EPA has proposed a more stringent
19  standard for ground level ozone and added a separate standard for par-
20  ticulate matter (PM2.5) to the existing ground PM10 standard; and
21    WHEREAS, The State of Kansas and Kansas businesses and citizens
22  have worked hard to maintain and improve air quality, with the knowledge
23  that clean air is good for the environment, the economy and people's
24  health and quality of life; and
25    WHEREAS, Kansas is very proud of its continually improving air qual-
26  ity, with the entire state in attainment for all air quality standards and the
27  Kansas City metropolitan area among the largest cities in the United
28  States in attainment for these standards; and
29    WHEREAS, There is very little existing PM2.5 monitoring data, and
30  there is considerable uncertainty about the scientific validity of the the-
31  ories, data and conclusions upon which the proposed NAAQS are based
32  and the cost and feasibility of compliance; and
33    WHEREAS, The Agriculture is the number one industry of this
34  state and the additional PM2.5 standard being considered could result
35  in many more nonattainment areas in Kansas and expensive because of
36  the impact of normal and approved agricultural practices; and
37    WHEREAS, Expensive pollution prevention programs would im-
38  pose a significant economic burden on the citizens of the State, especially
39  in rural Kansas, without commensurate air quality benefits and without
40  a practical means to achieve the additional standard or the ability
41  to attain compliance; and
42    WHEREAS, a more stringent ozone standard could result in the Kan-
43  sas City metropolitan area's being designated as ``nonattainment'' simply
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 1  because of a change in the standard, not because of a change in air quality,
 2  thus imposing significant economic, administrative and regulatory bur-
 3  dens on more citizens, businesses and local governments in this state; and
 4    WHEREAS, The states of Kansas and Missouri have designated the
 5  Mid-America Regional Council to work cooperatively with all stakehold-
 6  ers to recommend a plan to maintain and improve Kansas City air quality
 7  and the Council has now submitted recommendations for a comprehen-
 8  sive program to further improve air quality in the Kansas City metropol-
 9  itan area; and
10    WHEREAS, The Department of Health and Environment is
11  monitoring air quality to determine the levels of naturally occur-
12  ring particulate matter in the air of this state; Now, therefore,
13    Be it resolved by the Senate of the State of Kansas, the House of Rep-
14  resentatives concurring therein:  That the Mid-America Regional Coun-
15  cil is commended for its public participation process, which included all
16  stakeholders in the development of its recommendations, and is encour-
17  aged to continue to include all affected stakeholders when beginning con-
18  sideration of implementation of its recommendations; and
19    Be it further resolved:  That the Legislature supports all current air
20  quality standards and opposes a separate standard for PM2.5 at this time
21  and opposes any change in the ozone standard until such time as the
22  positive benefits of any new air quality programs in the Kansas City met-
23  ropolitan area have been realized; and
24    Be it further resolved:  That the Legislature urges the EPA to continue
25  studying the need for changes in the National Ambient Air Quality Stan-
26  dards but to approve any change only after a cost benefit analysis and a
27  risk assessment, similar to those required for environmental rules and
28  regulations pursuant to K.S.A. 77-416 and amendments thereto, dem-
29  onstrating the environmental benefit and economic impacts for each
30  unique air shed such as the high plains of Kansas; and
31    Be it further resolved:  That the Secretary of State be directed to send
32  enrolled copies of this resolution to the Executive Director of the Mid-
33  America Regional Council, to the Administrator of the United States En-
34  vironmental Protection Agency for consideration as written testimony for
35  Docket Nos. A-95-54 and A-95-58 and to each member of the Kansas
36  congressional delegation.