Senate Joint Resolution No. 3–Committee on Natural Resources

(On Behalf of Legislative Committee on Public Lands)

February 4, 1999

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Referred to Committee on Natural Resources

 

SUMMARY—Expresses strong disapproval of certain regulations concerning regional haze proposed by United States Environmental Protection Agency. (BDR R-921)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

SENATE JOINT RESOLUTIONExpressing strong disapproval of certain regulations

concerning regional haze proposed by the United States Environmental Protection Agency.

1-1 Whereas, On July 31, 1997, the United States Environmental

1-2 Protection Agency published proposed regulations concerning regional

1-3 haze in volume 62, number 147, of the Federal Register at page 41137; and

1-4 Whereas, Pursuant to those proposed regulations, the United States

1-5 Environmental Protection Agency proposes to establish a national

1-6 regulatory program that reduces the impairment of visibility caused by

1-7 regional haze in mandatory Class I Federal areas, including national parks

1-8 that encompass more than 6,000 acres, wilderness areas and national

1-9 memorial parks that encompass more than 5,000 acres and any

1-10 international park that was in existence on August 7, 1977; and

1-11 Whereas, If adopted, the proposed regulations will affect 156 of those

1-12 areas, including the Jarbidge Wilderness Area and the Great Basin

1-13 National Park located in Nevada; and

1-14 Whereas, The deciview is the unit of measurement used in the

1-15 proposed regulations to measure regional haze, and is a mathematical

1-16 means of expressing an amount of light extinction resulting in a small, but

1-17 noticeable, change in haziness under most conditions in mandatory Class I

1-18 Federal areas; and

2-1 Whereas, The standard for controlling and reducing regional haze set

2-2 forth in the proposed regulations requires an improvement in visibility in

2-3 those areas of at least 1 deciview every 10 or 15 years, and prohibits a

2-4 decrease in visibility in those areas of 0.1 deciview or more per year; and

2-5 Whereas, Such a standard is unrealistic because it allows for very little

2-6 degradation of air quality in Nevada and, therefore, may prohibit or reduce

2-7 growth in many areas of this state, including Clark and Washoe Counties;

2-8 and

2-9 Whereas, The proposed regulations have received extensive criticism

2-10 from several agencies and organizations, including the Western Governors’

2-11 Association, the Division of Environmental Protection of the State

2-12 Department of Conservation and Natural Resources and the Nevada

2-13 Taxpayers Association; and

2-14 Whereas, The United States Environmental Protection Agency has

2-15 estimated that the cost of implementing the proposed regulations after

2-16 adoption will be $2.7 billion per year by the year 2010; and

2-17 Whereas, That cost will impose a significant economic burden on each

2-18 state affected by the proposed regulations, including the State of Nevada

2-19 and the local governments in this state; and

2-20 Whereas, Because impairment of visibility caused by regional haze in

2-21 many areas in the Western United States is not as significant as in areas in

2-22 the Eastern United States, compliance with the proposed regulations, if

2-23 adopted, will be difficult for states in the Western United States, and the

2-24 perceived benefit in visibility resulting from implementation of the

2-25 proposed regulations in those states will be minimal in comparison to the

2-26 cost of complying with the regulations; now, therefore, be it

2-27 Resolved by the Senate and Assembly of the State of Nevada,

2-28 Jointly, That the Legislature of the State of Nevada expresses strong

2-29 disapproval of the proposed regulations concerning regional haze

2-30 published by the United States Environmental Protection Agency on July

2-31 31, 1997, in volume 62, number 147, page 41137 of the Federal Register;

2-32 and be it further

2-33 Resolved, That the following persons are encouraged to address issues

2-34 relating to air quality and regional haze in this state, including wilderness

2-35 areas and the Great Basin National Park located in this state:

2-36 1. The officers and employees of the United States Environmental

2-37 Protection Agency, the United States Forest Service, the Bureau of Land

2-38 Management and the Division of Environmental Protection of the State

2-39 Department of Conservation and Natural Resources; and

2-40 2. The owners and operators of mines and the officers and employees

2-41 of public utilities in this state; and be it further

3-1 Resolved, That the Secretary of the Senate prepare and transmit a

3-2 copy of this resolution to the Administrator of the United States

3-3 Environmental Protection Agency, the Forest Supervisor of the United

3-4 States Forest Service in Nevada, the Director of the Nevada State Office of

3-5 the Bureau of Land Management, the Administrator of the Division of

3-6 Environmental Protection of the State Department of Conservation and

3-7 Natural Resources, the President of the Nevada Mining Association, the

3-8 Chairman of the Board of Directors and the President of the Sierra Pacific

3-9 Power Company and the Chairman of the Board of Directors and the

3-10 President of the Nevada Power Company; and be it further

3-11 Resolved, That this resolution becomes effective upon passage and

3-12 approval.

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