130th Ohio General Assembly
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S. C. R. No. 8  As Adopted by the Senate
As Adopted by the Senate

128th General Assembly
Regular Session
2009-2010
S. C. R. No. 8


Senators Grendell, Gibbs 

Cosponsors: Senators Carey, Schaffer, Buehrer, Cafaro, Cates, Faber, Gillmor, Goodman, Harris, Schiavoni, Schuring, Seitz, Strahorn, Wilson, Hughes, Widener 



A CONCURRENT RESOLUTION
To memorialize the Administrator of the United States Environmental Protection Agency to refrain from adopting any new regulations governing greenhouse gas emissions from livestock that would impose permit fees on livestock producers, and to memorialize the Congress of the United States to enact legislation introduced by United States Senators John Thune and Charles Schumer that proposes to amend Title V of the Clean Air Act to establish appropriate exemptions for livestock producers.


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 food supply of Ohio and the United States. Ohio livestock producers add nearly $2 billion of economic output to the Ohio economy each year, and the livestock industry provides jobs to thousands of Ohioans; and

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

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

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

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

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

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

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

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

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