STATE OF VERMONT
Executive Department

EXECUTIVE ORDER

WHEREAS, Vermonters pride themselves on their clean environment and strong support of environmental protection; and

WHEREAS, Vermont has some of the cleanest air in the Nation, even though thousands of tons of air pollution flows into Vermont from up-wind sources, such as mid-western power plants and mobile sources in urban areas to our south and west; and

WHEREAS, Vermont has taken firm steps to stop the generation of thousands of tons of air pollutants from traveling to Vermont, where that pollution causes severe degradation of our rivers, forests, and air; and

WHEREAS, the largest source of air pollution generated in Vermont is mobile sources, such as cars, trucks, and buses; and

WHEREAS, rapid changes in the energy marketplace and the economy are raising new concerns about protecting Vermont's clean air; and

WHEREAS, Vermont is a member of the Ozone Transport Commission (OTC), a group of Northeastern and Mid-Atlantic States banded together to reduce the transport of air pollution into and within our region; and

WHEREAS, Vermont is subject to a federal NOx offset requirement that is designed to reduce air pollution in states out of compliance with the national ambient air quality standards; and

WHEREAS, generators of large volumes of NOx typically comply with the federal requirement by purchasing "credits" from businesses that have already achieved pollution reduction, often by closing old plants; and

WHEREAS, the federal rule was designed for states not in compliance with national ambient air quality standards; and

WHEREAS, Vermont is in compliance with these standards; and

WHEREAS, Vermont is subject to the federal requirement only by virtue of its membership in the Ozone Transport Commission (OTC); and

WHEREAS, the federal offset requirement does not work well in Vermont because there are no large sources of air pollution in Vermont to clean up; and

WHEREAS, a Vermont business subject to the requirements must spend money to buy credits from up-wind states; and

WHEREAS, those credits would likely come from past reductions in pollution - they do nothing to clean Vermont's air now; and

WHEREAS, a better approach to cleaning Vermont's air and regulating new generation of air pollution in Vermont is to allow Vermont businesses subject to the offset requirement to pay for pollution reductions in Vermont from smaller sources, such as cars and trucks, also in Vermont; and

WHEREAS, these types of offsets are not allowed under the federal requirements; and

WHEREAS, this change in policy would do much more to clean-up Vermont's air than the current regulatory scheme; and

WHEREAS, Vermont's stringent controls on stationary sources of air pollution are the toughest in the Nation; and

WHEREAS, Vermont is committed to reduce air pollution through creative and meaningful programs that attack not only stationary sources but also mobile sources; and

WHEREAS, it may be prudent at this time to institute programs that will reduce pollution from mobile sources, whether or not Vermont goes forward with a modification of the federal NOx offset requirement; and

WHEREAS, prudent effective action to reduce mobile source emissions in Vermont will improve public health, improve Vermonters' quality of life, and signify a strong commitment by the state to meaningful air pollution reduction.

NOW, THEREFORE, I, Howard Dean, M.D., by virtue of the power vested in me as Governor of the State of Vermont, do hereby

(1) direct the Agency of Natural Resources, having requested EPA to place its request for a waiver of federal NOx offset requirements on hold until further notice, to take no further action on this request until after the adjournment of the first session of the 2001 Biennial Session of the General Assembly;

(2) direct that any action on the request shall be preceded by a public process, led by the Committee described below, in which the issues associated with the request can be fully aired and the public and interested parties can have the opportunity to express their views; and

(3) establish Vermont's Committee to Ensure Clean Air to: (a) obtain agreement on an air pollution offset program applicable to new stationary sources and to modifications of existing stationary sources that will improve Vermont's air quality while at the same time allowing meaningful, thoughtful economic development; and (b) develop reasonable and thoughtful ways to reduce air pollution in Vermont caused by cars, trucks and buses.

(4) The Committee shall solicit input from government, communities, businesses, and environmental and public health organizations, and the public at large. The Committee shall provide a non-partisan fact-based analysis of the options for utilizing the NOx offset waiver for the benefit of citizens and businesses to protect Vermont's status as a state with some of the cleanest air in the nation. In conducting its analysis, the Committee shall consider regional, national and international air quality issues and their impact on Vermont now and in the future. A further focus of the review shall be to recommend meaningful ways to allow businesses to work directly with communities, citizens and other businesses to reduce mobile source air pollution in Vermont.

(5) The Committee shall be co-chaired by the Secretary of the Agency of Natural Resources and the Commissioner of Public Service. The Committee shall consist of one representative from the Agency of Transportation to be appointed by the Secretary of the Agency; two representatives from the Vermont Legislature to be appointed by the President of the Senate and the Speaker of the House; four representatives of business; four representatives of consumer and environmental advocacy groups; two representatives of municipalities; and two representatives of regional planning organizations, all to be appointed by the Governor.

(6) The Committee shall advise the Governor and the Legislature on how to accomplish its goals and the goals identified in Vermont's Greenhouse Gas Action Plan of 1998: a reduction in air pollution through a coordinated policy focusing on mobile, residential, business and industrial sources. The Committee shall report its findings and conclusions to the Governor and the Legislature on or before January 15, 2001.

This Executive Order shall take effect upon signing and shall sunset on June 30, 2001.