HBA-JLV H.C.R. 213 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.C.R. 213
By: Chavez
Environmental Regulation
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

In 1991, the El Paso area was classified as a serious nonattainment area
for the one-hour ozone standard in accordance with the federal Clean Air
Act (CAA).  El Paso is the only city in Texas that does not meet the
national standards for carbon monoxide and particulate matter.  El Paso's
ability to meet the National Ambient Air Quality Standards (NAAQS) is
adversely affected by its proximity to Ciudad Juarez, Mexico, the fact that
the cities are surrounded by mountains that form a common air basin, and
the high levels of emissions originating in Ciudad Juarez that contribute
to the high concentration of certain criteria pollutants in the basin.  The
CAA, in addressing nonattainment areas along international borders,
provides that the state implementation plan (SIP) must be approved by the
Environmental Protection Agency (EPA) for any metropolitan area able to
demonstrate that the area would be in compliance with the NAAQS for any of
the regulated pollutants if not for emissions from outside of the United
States.  The Texas Natural Resource Conservation Commission (TNRCC) has
submitted evidence to the EPA that the El Paso area would be in compliance
with the NAAQS if not for emissions from Mexico.  Despite the evidence, the
EPA has not yet approved the SIP for the El Paso area.  House Concurrent
Resolution 213 requests the Congress of the United States to urge the EPA
to redesignate El Paso from a nonattainment area to an attainment area. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Concurrent Resolution 213 requests the Congress of the United States
to urge the United States Environmental Protection Agency to redesignate El
Paso from a nonattainment area to an attainment area.