Bill Text: AZ SCR1022 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed
Bill Title: Rulemaking; electric generating units; opposition
Status: (Passed) 2014-04-16 - Transmitted to Secretary Of State [SCR1022 Detail]
State of Arizona
Second Regular Session
SENATE CONCURRENT RESOLUTION 1022
A CONCURRENT RESOLUTION
opposing the implementation of rules for new electric generating units that require technology that is not commercially available or technologically feasible and that do not recognize the state's primary role in establishing and implementing plans to achieve emissions reductions for existing units.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Whereas, the Clean Air Act (CAA) is a federal law designed to minimize air pollution nationwide; and
Whereas, jurisdiction to implement the CAA lies initially with the states and Indian Tribes; and
Whereas, the CAA requires the Environmental Protection Agency (EPA) to enforce regulations that are intended to protect the public from air pollutants believed to be hazardous to public health; and
Whereas, in 1970, Congress amended the CAA by mandating comprehensive state and federal regulations for both stationary and nonstationary sources of pollution; and
Whereas, in April of 2009, the EPA issued an endangerment finding, declaring that current and future greenhouse gas emissions pose a serious threat to public health and safety, allowing the agency to regulate carbon dioxide emissions; and
Whereas, as written, the CAA gives states the primary role in establishing and carrying out plans to comply with EPA regulations, allowing states, in developing and applying such standards of performance, "to take into consideration, among other factors, the remaining useful life of the existing source to which such standard applies"; and
Whereas, as written, the CAA requires the EPA to consider the economic impact of its proposed regulations; and
Whereas, the EPA may take into account factors such as unreasonable cost of control, physical impossibility of installing necessary control equipment or other factors when determining appropriate emissions standards and compliance timelines; and
Whereas, while Americans support efforts to improve air quality, such efforts should be carefully balanced to ensure that the cost of new regulations on the economy do not exceed potential benefits; and
Whereas, on January 8, 2014, the EPA published rules in the Federal Register that will require carbon capture and sequestration for new coal electrical generating facilities; and
Whereas, carbon capture and sequestration technology is not commercially available; and
Whereas, the EPA has been directed to propose guidelines to reduce greenhouse gas emissions from existing electric generating units by June of 2014; and
Whereas, concentrations of greenhouse gases are the result of global emissions and do not constitute an immediate risk as do other criteria pollutants; and
Whereas, addressing greenhouse gas emissions under 111(d) is a discretionary duty of the EPA as outlined in the CAA; and
Whereas, devoting resources to discretionary duties such as regulating greenhouse gas emissions takes away resources from nondiscretionary duties that are more essential to protecting public health in the near term; and
Whereas, it is important to Arizona’s economy to have a diverse energy portfolio that provides reliable and affordable electric service to Arizona residents and businesses, which is also important to the public health and welfare; and
Whereas, fossil fuels, including coal and natural gas, provide an abundant and affordable domestic energy source that is critical to Arizona’s economy and the availability and reliability of electric service.
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. That the Members of the Legislature oppose the implementation of rules for new electric generating units that require technology that is not commercially available or technologically feasible.
2. That the Members of the Legislature support the EPA in issuing guidelines for practical state-established performance standards that are based on reductions of carbon dioxide emissions that can be achieved by measures undertaken at fossil-fueled electric generating units and that do not require New Source Review.
3. That the Members of the Legislature support the EPA in giving Arizona the maximum amount of flexibility that is allowed under the CAA in setting performance standards and compliance schedules for electric generating units within its jurisdiction.
4. That the Members of the Legislature oppose the implementation of rules for new or existing electric generating units that do not recognize the state's primary role in establishing and implementing plans to achieve emissions reductions for existing units under Section 111 of the CAA.
5. That the Members of the Legislature support the exercise of oversight by Congress over the EPA to ensure that the state’s primary role in establishing and implementing rules under Section 111 of the CAA is respected.