HB0025 - Regional air quality-review of state plan.
2001 |
State of Wyoming |
01LSO-0027.E1 ENGROSSED |
HOUSE BILL NO. HB0025
Regional air quality-review of state plan.
Sponsored by: Representative(s) Stafford
A BILL
for
1 AN ACT relating to
regional air quality; providing for
2
submission to the legislature of a state implementation
3
plan or similar commitment; providing for circumstances
4
under which a state implementation plan or similar
5
commitment may be submitted to the federal government; and
6
providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 35-11-214 is created to read:
11
12 35-11-214. Review of state
implementation plans
13 related to regional air quality.
14
15 (a) Upon the
issuance of a request to the state of
16 Wyoming by the United States
environmental protection
17 agency for submission of a state implementation
plan or
Page 1
1 other
legally enforceable commitment related to regional
2
air quality, including, but not limited to, regional haze
3
or visibility, the director of the department of
4
environmental quality immediately shall notify the
5
legislature in writing of the request. The director shall
6
submit to the legislature a copy of any plan or other
7
legally enforceable commitment prepared pursuant to the
8
request no later than sixty (60) days before the date
9
scheduled for submission of the plan or commitment to the
10 United States environmental
protection agency. Before the
11 date scheduled for submission of the
plan or commitment to
12 the United States environmental
protection agency, the
13 legislative committee to which the
plan or commitment has
14 been assigned shall convene a public
hearing to receive
15 comments from agencies of government
and other interested
16 parties on the prospective economic
and environmental
17 impacts of the plan or other legally
enforceable
18 commitment, including, but not
limited to, impacts on
19 energy use, the environment,
economic development, utility
20 costs and rates, transportation fuel
costs and industrial
21 competitiveness.
22
23 (b) In the
absence of a resolution or other act of
24 the legislature approving a state
implementation plan or
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1 other
legally enforceable commitment related to regional
2
air quality, including, but not limited to, regional haze
3
or visibility, the director shall not submit to the United
4
States environmental protection agency any plan or
5
commitment that would impose emission controls more
6
stringent than necessary to demonstrate attainment with any
7
national ambient air quality standard or adopt any rules or
8
regulations implementing such a state implementation plan
9
or other legally enforceable commitment, unless it can be
10 shown by clear and convincing
evidence that:
11
12 (i) Man-made
emission sources located within
13 Wyoming significantly contribute to
regional haze impacts
14 in another state;
15
16 (ii) Feasible
emission reductions in a state
17 subject to the impact specified in
paragraph (i) of this
18 subsection would not permit that
state to demonstrate
19 reasonable progress with the
national visibility goal; and
20
21 (iii) Actions
taken under the current state
22 implementation plan or future state
implementation plan
23 changes required by the federal
Clean Air Act will not
24 result in achieving reasonable
progress in another state.
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1
2 (c) Rules and
regulations implementing any state
3
implementation plan or other legally enforceable commitment
4
submitted to the legislature under subsection (b) of this
5
section shall not take effect until the later of:
6
7 (i) Sixty (60)
days after the state
8
implementation plan or other legally enforceable commitment
9
was submitted to and approved by the legislature under
10 subsection (b) of this section; or
11
12 (ii) The written
approval of the state
13 implementation plan or other legally
enforceable commitment
14 by the United States environmental
protection agency.
15
16 (d) When there
is a determination under paragraph
17 (b)(i) of this section that man-made
emissions originating
18 in Wyoming are contributing
significantly to another
19 state's inability to meet the
reasonable progress goals for
20 visibility, then the department of
environmental quality
21 shall convene a stakeholder process
among affected areas,
22 with opportunity for public
participation, to develop
23 cooperative approaches for resolving
interstate transport
24 issues.
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1
2 (e) Legislative
review and approval as provided in
3
this section are required before implementation of any cap
4
and trade program, if that implementation date is other
5
than the date of implementation of the state implementation
6
plan.
8 Section 2. This act is effective immediately upon
9
completion of all acts necessary for a bill to become law
10 as provided by Article 4, Section 8
of the Wyoming
11 Constitution.
12
13 (END)
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