PRINTER'S NO. 3033
No. 250 Session of 1990
INTRODUCED BY GEORGE, DeWEESE, WOZNIAK, MICHLOVIC, MURPHY,
BOWLEY, TRICH, FREEMAN, LUCYK, YANDRISEVITS AND BROUJOS,
JANUARY 31, 1990
REFERRED TO COMMITTEE ON RULES, JANUARY 31, 1990
A RESOLUTION
1 Memorializing the Congress of the United States to protect the
2 environmental, economic and health and safety interests of
3 the people of Pennsylvania in regard to the Clean Air Act
4 Amendments of 1989 now before the United States Senate.
5 WHEREAS, On December 20, 1989, the United States Senate
6 Committee on Environment and Public Works reported Senate Bill
7 1630 and report number 101-228; and
8 WHEREAS, Section 303 of Senate Bill 1630, known as the Clean
9 Air Act Amendments of 1989, includes a new provision which would
10 prohibit state and local governments from controlling forms of
11 radioactive air pollution; and
12 WHEREAS, If adopted, section 303 would transfer the power to
13 regulate radioactive air emissions from the Environmental
14 Protection Agency, the Commonwealth of Pennsylvania, and local
15 governments, where it now resides, to the Nuclear Regulatory
16 Commission and give the commission exclusive authority to
17 regulate the health hazards from the materials which it
18 licenses; and
1 WHEREAS, Section 303 would exempt all radioactive substances
2 regulated by the Nuclear Regulatory Commission from the legal
3 definition of "air pollutant" in the Clean Air Act; and
4 WHEREAS, When the United States Congress in the Clean Air Act
5 of 1977 transferred authority to regulate radioactive air
6 emissions from the Nuclear Regulatory Commission to the
7 Environmental Protection Agency, Congress expressly stated that
8 it did not intend to deny the right of any state or political
9 subdivision thereof to adopt or enforce any standard or
10 limitation respecting emissions of air pollutants; and
11 WHEREAS, Passage of this section may result in an increase in
12 the number of applications for the siting of radioactive
13 incinerators and compacting stations in this Commonwealth; and
14 WHEREAS, Any air emissions ordinances in existence or
15 proposed in this Commonwealth with respect to radioactive air
16 emissions standards would be rendered invalid; and
17 WHEREAS, The section 303 will have a direct negative impact
18 on the ability of the Pennsylvania Department of Environmental
19 Resources to protect the health and welfare of the citizens of
20 this Commonwealth; and
21 WHEREAS, If the enforcement power of the Environmental
22 Protection Agency is removed pursuant to the Clean Air Act of
23 1977, the states will lose the authority to enforce standards
24 set by the Environmental Protection Agency; therefore be it
25 RESOLVED, That the House of Representatives of the
26 Commonwealth of Pennsylvania memorialize the President and the
27 Congress of the United States to:
28 (1) amend the United States Senate Bill 1630, known as
29 the Clean Air Act Amendments of 1989, to allow the continued
30 control of radioactive air emissions by the Commonwealth of
19900H0250R3033 - 2 -
1 Pennsylvania and its political subdivisions;
2 (2) reaffirm the action taken by Congress in the Clean
3 Air Act of 1977 which expressly disavowed any intent to
4 preempt state and local authority in the matter of
5 radioactive air emissions;
6 (3) support an amendment to Senate Bill 1630 which
7 allows state and local regulation of radioactive emissions
8 from Nuclear Regulatory Commission regulated facilities;
9 (4) not allow any duties currently in the hands of the
10 Environmental Protection Agency to be transferred to the
11 Nuclear Regulatory Commission;
12 (5) specifically protect the traditional rights of state
13 and local governments to protect against health hazards by
14 expressly not preempting state and local laws that provide
15 for the protection from and control of hazards of any form of
16 radioactive emissions;
17 (6) protect the environmental, economic and health and
18 safety interests of the citizens of the Commonwealth of
19 Pennsylvania by protecting and expanding the rights of our
20 citizens under the Clean Air Amendments of 1989; and be it
21 further
22 RESOLVED, That copies of this resolution be transmitted to
23 the President, the presiding officers of the Congress and each
24 member of Congress.
A30L82WMB/19900H0250R3033 - 3 -