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PRIOR PRINTER'S NO. 1091
PRINTER'S NO. 1260
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No.
168
Session of
2017
INTRODUCED BY LANGERHOLC, VOGEL AND BROOKS, JULY 14, 2017
SENATOR YAW, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED,
OCTOBER 17, 2017
A RESOLUTION
Directing the Joint State Government Commission to establish an
advisory committee to conduct a thorough and comprehensive
analysis of the potential impact of removing Cambria County
CERTAIN COUNTIES from the emissions testing program and
report findings and recommendations to the Senate.
WHEREAS, The Clean Air Act of 1963 was the first Federal
legislation regarding air pollution control, authorizing
research into techniques for monitoring and controlling air
pollution; and
WHEREAS, The Clean Air Act of 1970 authorized the development
of comprehensive Federal and state regulations to limit
emissions from both stationary and mobile sources, including the
establishment of National Ambient Air Quality Standards (NAAQS)
and requirements for State Implementation Plans (SIPs) to
achieve the NAAQS; and
WHEREAS, The Clean Air Act of 1970 also increased enforcement
authority and authorized requirements for control of motor
vehicle emissions; and
WHEREAS, The Clean Air Act Amendments of 1990 substantially
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increased the authority and responsibility of the Federal
Government by authorizing new regulatory programs, increasing
enforcement authority and expanding research programs; and
WHEREAS, To ensure compliance with Federal standards, the
Environmental Protection Agency (EPA) required states to submit
for approval an SIP that included regulations the Commonwealth
would use to clean up polluted areas; and
WHEREAS, The SIP that Pennsylvania submitted to the EPA
targeted vehicle emissions standards for 25 of Pennsylvania's 67
counties, including the most heavily polluted areas, mostly
urbanized areas and areas with heavy amounts of industrial
activity; and
WHEREAS, In 1997, the Commonwealth implemented the first
phase of the enhanced auto emissions testing program in nine
counties in the Philadelphia and Pittsburgh regions, with plans
to expand the emissions testing program to the remaining 16
counties over time; and
WHEREAS, In 1999, the planned expansion of the emissions
testing program to the Lehigh Valley and South Central regions
was delayed due to, in part, a lack of opportunity for
stakeholder groups to guide the improvement plan for those
regions; and
WHEREAS, The expansion of the emissions testing program to
the Lehigh Valley and South Central regions was again delayed to
allow the Pennsylvania Department of Transportation and the
Department of Environmental Protection time to evaluate the
impact of new technology on the emissions inspection program;
and
WHEREAS, In 2002 and 2003, lawsuits were initiated by two
environmental groups challenging the limited implementation of
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the SIP, ultimately leading to the Commonwealth's full
implementation of the vehicle emissions testing program by
bringing the remaining 16 counties identified in the SIP into
compliance with the vehicle emissions testing program, and
resulting in the inclusion of most of the counties which require
this testing today, specifically regions designated as
nonattainment areas for ozone levels by the EPA; and
WHEREAS, The nonattainment classification requires areas
failing to meet the NAAQS for ground-level ozone to adhere to
the SIP and to attain and maintain the standard; and
WHEREAS, Cambria County was designated as a marginal
nonattainment area after November 1991; and
WHEREAS, Cambria County was redesignated as a maintenance
area based on the 1997 ozone standards, meaning Cambria County
was successfully working toward attainment; and
WHEREAS, Cambria County was redesignated as an attainment
area based on 2008 ozone standards and is no longer listed as a
nonattainment or maintenance area; and
WHEREAS, In order to change which counties are required to
participate in the emissions testing program, the Department of
Environmental Protection is required to submit a revised SIP to
the EPA for approval; and
WHEREAS, The EPA approved Pennsylvania's fully implemented
SIP in 2005; therefore be it
RESOLVED, That the Joint State Government Commission
establish an advisory committee, consisting of representatives
of the Department of Transportation and the Department of
Environmental Protection and others who possess knowledge of the
vehicle emission inspection program and the SIP to facilitate
the work of the Joint State Government Commission; and be it
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further
RESOLVED, That the Joint State Government Commission, working
with the advisory committee, conduct a thorough and
comprehensive analysis of issues relating to the potential
impact to the Commonwealth of removing Cambria County EACH
PARTICIPATING COUNTY OF THE THIRD, FOURTH AND FIFTH CLASS,
INDIVIDUALLY AND COLLECTIVELY, from the emissions testing
program; and be it further
RESOLVED, That the final report include recommendations to
make up for the loss of environmental credits associated with
the approved SIP, the cost in actual dollars, historically and
projected, to each of the respective departments, and any other
potential financial aspect to the Commonwealth; and be it
further
RESOLVED, That the Joint State Government Commission report
findings and recommendations to the Senate no later than one
year from the adoption of this resolution.
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