S. C. R. No. 8 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

S. C. R. No. 8

Senators Grendell, Gibbs

Cosponsors: Senators Carey, Schaffer

A CONCURRENT RESOLUTION

To memorialize the Administrator of the United States 1
Environmental Protection Agency to refrain from 2
adopting any new regulations governing greenhouse 3
gas emissions from livestock that would impose 4
permit fees on livestock producers, and to 5
memorialize the Congress of the United States to 6
enact legislation introduced by United States 7
Senators John Thune and Charles Schumer that 8
proposes to amend Title V of the Clean Air Act to 9
establish appropriate exemptions for livestock 10
producers. 11

BE IT RESOLVED BY THE SENATE OF THE STATE OF OHIO
(THE HOUSE OF REPRESENTATIVES CONCURRING):

       WHEREAS, The livestock industry is vital to the economy and 12
food supply of Ohio and the United States. Ohio livestock 13
producers add nearly $2 billion of economic output to the Ohio 14
economy each year, and the livestock industry provides jobs to 15
thousands of Ohioans; and 16

        WHEREAS, In the case of Massachusetts v. Environmental 17
Protection Agency, 549 U.S. 497 (2007), the United States Supreme 18
Court recognized that greenhouse gases are pollutants within the 19
meaning of the federal Clean Air Act; and 20

        WHEREAS, Title V of the Clean Air Act requires any entity 21
with emissions of pollutants in excess of one hundred thousand 22
tons per year to obtain an operating permit. The United States 23
Department of Agriculture (USDA) has recognized that a livestock 24
producer with more than twenty-five dairy cattle, fifty beef 25
cattle, or two hundred hogs would exceed that threshold for 26
greenhouse gas emissions. Thus, according to USDA, Title V permit 27
requirements under the Clean Air Act might impact up to 99% of all 28
milk production, 90% of all beef production, and 95% of all hog 29
production nationally; and 30

       WHEREAS, Permit fees levied under Title V of the Clean Air 31
Act would impose an unprecedented burden on Ohio livestock 32
producers and limit their ability to compete in the global 33
marketplace. Such a burden would most definitely result in the 34
reduction of livestock production in Ohio and the United States, a 35
loss of jobs, and a loss to the gross domestic product of Ohio and 36
the United States; and 37

        WHEREAS, While protecting the environment and curbing 38
emissions of harmful pollutants is a growing concern, it is not 39
acceptable to impose a virtual tax on livestock producers 40
considering that the atmospheric environmental impacts of 41
livestock, if any, have not been proven to directly cause or 42
contribute to any global warming phenomenon attributable to 43
greenhouse gases; and 44

       WHEREAS, United States Senator John Thune from South Dakota 45
and United States Senator Charles Schumer from New York have 46
introduced S.527 that, if enacted, will prevent the USEPA from 47
imposing fees on livestock producers under Title V of the Clean 48
Air Act by specifying that Title V does not apply to methane 49
emissions from livestock agriculture; now therefore be it 50

       RESOLVED, That we, the members of the 128th General Assembly 51
of the State of Ohio, in adopting this resolution, urge the United 52
States Environmental Protection Agency to refrain from adopting 53
any new regulations governing greenhouse gas emissions from 54
livestock that would impose permit fees on livestock producers; 55
and be it further 56

       RESOLVED, That we, the members of the 128th General Assembly 57
of the State of Ohio, in adopting this resolution, urge the United 58
States Congress to enact S.527, which proposes to amend Title V of 59
the Clean Air Act to establish appropriate exemptions for 60
livestock producers; and be it further 61

        RESOLVED, That the Clerk of the Senate transmit duly 62
authenticated copies of this resolution to the Administrator of 63
the United States Environmental Protection Agency, the Speaker and 64
Clerk of the United States House of Representatives, the President 65
Pro Tempore and Secretary of the United States Senate, the members 66
of the Ohio Congressional delegation, and the news media of Ohio. 67

WHEREAS, The livestock industry is vital to the economy and	12
food supply of Ohio and the United States. Ohio livestock	13
producers add nearly $2 billion of economic output to the Ohio	14
economy each year, and the livestock industry provides jobs to	15
thousands of Ohioans; and	16

WHEREAS, In the case of Massachusetts v. Environmental	17
Protection Agency, 549 U.S. 497 (2007), the United States Supreme	18
Court recognized that greenhouse gases are pollutants within the	19
meaning of the federal Clean Air Act; and	20

WHEREAS, Title V of the Clean Air Act requires any entity	21
with emissions of pollutants in excess of one hundred thousand	22
tons per year to obtain an operating permit. The United States	23
Department of Agriculture (USDA) has recognized that a livestock	24
producer with more than twenty-five dairy cattle, fifty beef	25
cattle, or two hundred hogs would exceed that threshold for	26
greenhouse gas emissions. Thus, according to USDA, Title V permit	27
requirements under the Clean Air Act might impact up to 99% of all	28
milk production, 90% of all beef production, and 95% of all hog	29
production nationally; and	30

WHEREAS, Permit fees levied under Title V of the Clean Air	31
Act would impose an unprecedented burden on Ohio livestock	32
producers and limit their ability to compete in the global	33
marketplace. Such a burden would most definitely result in the	34
reduction of livestock production in Ohio and the United States, a	35
loss of jobs, and a loss to the gross domestic product of Ohio and	36
the United States; and	37

WHEREAS, While protecting the environment and curbing	38
emissions of harmful pollutants is a growing concern, it is not	39
acceptable to impose a virtual tax on livestock producers	40
considering that the atmospheric environmental impacts of	41
livestock, if any, have not been proven to directly cause or	42
contribute to any global warming phenomenon attributable to	43
greenhouse gases; and	44

WHEREAS, United States Senator John Thune from South Dakota	45
and United States Senator Charles Schumer from New York have	46
introduced S.527 that, if enacted, will prevent the USEPA from	47
imposing fees on livestock producers under Title V of the Clean	48
Air Act by specifying that Title V does not apply to methane	49
emissions from livestock agriculture; now therefore be it	50

RESOLVED, That we, the members of the 128th General Assembly	51
of the State of Ohio, in adopting this resolution, urge the United	52
States Environmental Protection Agency to refrain from adopting	53
any new regulations governing greenhouse gas emissions from	54
livestock that would impose permit fees on livestock producers;	55
and be it further	56

RESOLVED, That we, the members of the 128th General Assembly	57
of the State of Ohio, in adopting this resolution, urge the United	58
States Congress to enact S.527, which proposes to amend Title V of	59
the Clean Air Act to establish appropriate exemptions for	60
livestock producers; and be it further	61

RESOLVED, That the Clerk of the Senate transmit duly	62
authenticated copies of this resolution to the Administrator of	63
the United States Environmental Protection Agency, the Speaker and	64
Clerk of the United States House of Representatives, the President	65
Pro Tempore and Secretary of the United States Senate, the members	66
of the Ohio Congressional delegation, and the news media of Ohio.	67