By Madden                                             H.C.R. No. 90
         77R3078 NBH-D                           
                             HOUSE CONCURRENT RESOLUTION
 1-1           WHEREAS, Of primary concern to the State of Texas is the
 1-2     quality of the environment and the health of its more than 20
 1-3     million residents; accordingly, the state seeks to make every
 1-4     reasonable effort to comply with the federal Clean Air Act and
 1-5     adhere to the State Implementation Plan (SIP), which was developed
 1-6     with considerable public input and approved by the federal
 1-7     Environmental Protection Agency (EPA); and
 1-8           WHEREAS, However, Texas is a large and highly populated state
 1-9     that is home to many vital industries, including some such as
1-10     petroleum refineries and energy producers that rely heavily on
1-11     fossil fuels, and all of these factors invariably complicate state
1-12     attainment efforts; and
1-13           WHEREAS, Most urban areas across the country, including
1-14     several in Texas, have become or are close to becoming "ozone
1-15     nonattainment areas" according to the standards set by the EPA; and
1-16           WHEREAS, Traditional air quality control strategies have
1-17     focused on emission sources within a designated nonattainment area
1-18     and have typically included specific controls on industrial
1-19     facilities and vehicle emissions within the area; and
1-20           WHEREAS, Strategies to reduce vehicular emissions in areas
1-21     with serious pollution problems include mandatory emissions testing
1-22     and maintenance for automobiles, carpooling programs,
1-23     high-occupancy vehicle lanes on major roadways, mandatory use of
1-24     reformulated gasoline, and strict emission requirements for fleet
 2-1     vehicles; many of these measures entail indeterminate costs that
 2-2     are spread in varying proportions among the public and private
 2-3     sectors as well as individual consumers; and
 2-4           WHEREAS, Strategies aimed at controlling industrial
 2-5     emissions, on the other hand, target specific industries and
 2-6     facilities, which must bear the initial costs of installing
 2-7     emission control technologies, although the public eventually
 2-8     shares in this burden as costs are passed on to individual
 2-9     consumers; and
2-10           WHEREAS, While pollution control technologies can be
2-11     effective in reducing emissions, the technology that many companies
2-12     are required by the SIP to purchase can cause a tremendous
2-13     financial strain on an individual corporation and affect entire
2-14     industries; and
2-15           WHEREAS, Some industries, including aerospace manufacturing,
2-16     agricultural chemical production, gasoline terminals, and oil and
2-17     natural gas production and refineries must purchase costly maximum
2-18     achievable control technology (MACT) in order to be in compliance
2-19     with the SIP; and
2-20           WHEREAS, Small businesses, including dry cleaners, auto body
2-21     shops, and bakeries are not exempt and they too must bear the high
2-22     cost of compliance; some of these businesses will not be able to
2-23     afford the expensive technology and may be forced to close; and
2-24           WHEREAS, The high cost of pollution reduction efforts affects
2-25     consumers as well; many industries must pay exorbitant prices for
2-26     cleaner fuels, such as low-sulfur coal, and this cost is inevitably
2-27     passed on to those who purchase the goods; and
 3-1           WHEREAS, While the state fully intends to comply with its
 3-2     SIP, a comparison of the direct and indirect costs of various
 3-3     strategies would enable it to more effectively direct its efforts
 3-4     in this regard; now, therefore, be it
 3-5           RESOLVED, That the 77th Legislature of the State of Texas
 3-6     hereby respectfully urge the Congress of the United States to
 3-7     modify the Clean Air Act to allow the Environmental Protection
 3-8     Agency to permit states to consider costs when comparing various
 3-9     emission control techniques; and, be it further
3-10           RESOLVED, That the Texas secretary of state forward official
3-11     copies of this resolution to the president of the United States, to
3-12     the speaker of the house of representatives and the president of
3-13     the senate of the United States Congress, and to all members of the
3-14     Texas delegation to the congress with the request that this
3-15     resolution be officially entered in the Congressional Record as a
3-16     memorial to the Congress of the United States of America.