Resolution relating to use of industrial sites and the potential impacts on downstream facilities
The resolution argues that the proposed change in stream designation will result in additional regulatory burdens for industries in West Virginia that rely on discharges into the North Branch of the Potomac River. If the Maryland legislation is enacted, existing facilities would face new evaluations at the time of permit renewals regarding their thermal discharge impacts. New facilities would have to install costly technologies—such as cooling towers and heat exchangers—to comply with stricter regulations, which proponents of HCR49 argue is unnecessary and detrimental to local economic interests.
House Concurrent Resolution 49 (HCR49) expresses the opposition of the West Virginia Legislature to potential legislation in Maryland that would change the stream designation of the North Branch of the Potomac River from 'Warm Water Aquatic Life' to 'Cold Water Aquatic Life'. This change could significantly impact industrial operations in West Virginia, particularly in areas located along this waterway. The resolution highlights how such a modification would impose stricter temperature standards and additional costs on local industries, further complicating their operational requirements.
The sentiment surrounding HCR49 appears to be strongly supportive within the West Virginia Legislature. Lawmakers are concerned about the potential overreach of Maryland's proposed legislation and its implications for interstate commerce. The resolution calls upon the Maryland General Assembly to reject such changes, reflecting a desire to protect West Virginia's industrial capabilities and economic interests against external legislative pressures.
One notable point of contention is the argument related to the constitutional implications of the proposed Maryland legislation. HCR49 asserts that changing the stream designation may violate the dormant commerce clause of the United States Constitution, which prohibits state legislation that discriminates or imposes undue burdens on interstate commerce. The resolution invokes previous Supreme Court cases to emphasize that without proper input and consideration of West Virginia's interests, Maryland's proposed changes could be seen as both economically and legally problematic.