SENATE RESOLUTION No. 38

STATE OF NEW JERSEY

INTRODUCED MAY 2, 1996

By Senator SCOTT

A Senate Resolution urging the United States Environmental Protection Agency to comply with the requirements of federal law and issue the economic impact reports required pursuant to the federal "Clean Air Act Amendments of 1990."

Whereas, New Jersey, because of its population density and location in the heart of the northeastern seaboard, has been burdened with the effort to develop and implement costly programs required by the federal "Clean Air Act Amendments of 1990," 42 U.S.C.A.§7403 et seq., including the costly enhanced inspection and maintenance program for motor vehicles that must be implemented statewide, and the overhaul of the State operating permits program that has resulted in an increase in operating costs for many State businesses and industries that provide jobs and fuel the State's economy; and

Whereas, The federal law clearly requires that, pursuant to 42 U.S.C.A.§7612, the United States Environmental Protection Agency not "later than 12 months after November 15, 1990 . . . shall submit a report to the Congress" that reports "all costs incurred previous to November 15, 1990 in the effort to comply" with the standards set forth in the federal Clean Air Act and its amendments, and "all benefits that have accrued to the United States as a result of such costs;" and

Whereas, No such report has been produced, provided or submitted to the United States Congress by the United States Environmental Protection Agency before or after, November 15, 1991, the deadline set forth by the federal law; and

Whereas, The federal law further requires biennial updates of the initial report not "later than 24 months after November 15, 1990, and every 24 months thereafter," that would provide, in addition to updating the original report, "projections into the future regarding expected costs, benefits and other effects of compliance," but, in the absense of an initial report, no such biennial updates have been produced, provided or submitted; and

Whereas, The United States Environmental Protection Agency requires states to comply with the requirements of the federal law in a timely and complete manner and, since the enactment of the federal law, has repeatedly threatened states with stringent sanctions when they have been delayed in complying with the federal requirements; and

Whereas, Despite the recent policy of "maximum flexibility," the United States Environmental Protection Agency has not allowed states flexibility with meeting deadlines that are clearly set forth in the federal law; now, therefore

    Be It Resolved by the Senate of the State of New Jersey:

    1. The United States Environmental Protection Agency is urged to comply with the requirements of federal law and issue the economic impact reports required pursuant to the federal "Clean Air Act Amendments of 1990," 42 U.S.C.A.§7612.

    2. Duly authenticated copies of this resolution, signed by the President of the Senate and attested to by the Secretary thereof, shall be transmitted to the President and the Vice President of the United States, the members of the Congress of the United States, the Administrator of the United States Environmental Protection Agency and the Administrator of Region II of that agency, the Governor of the State, and the Commissioners of Environmental Protection and Transportation.

STATEMENT

    This resolution urges the United States Environmental Protection Agency to comply with the requirements of federal law and issue the economic impact reports required pursuant to the federal "Clean Air Act Amendments of 1990," 42 U.S.C.A.§7612.

Urges the EPA to issue economic impact reports required pursuant to the federal Clean Air Act Amendments of 1990.