Congresswoman Lesko: EPA’s Maricopa County Decision Is A Threat To National Security

December 8, 2024

By Staff Reporter |

A recent decision by the Environmental Protection Agency (EPA) concerning Maricopa County may have been politically motivated and may pose a national security risk. 

The EPA decided earlier this week to reclassify Maricopa County to “serious” nonattainment status for its ozone National Ambient Air Quality Standards (NAAQS). Congresswoman Debbie Lesko claimed that the EPA’s reclassification poses a national security risk in a Wednesday press release. The congresswoman argued that finalization of the reclassification ahead of a second Trump administration would jeopardize Arizona’s newly established semiconductor manufacturing.

“If the EPA continues its expedited schedule in a rush to make their reclassification effective before the Trump Administration takes office, it will negatively impact Arizona and national security,” said Lesko. “The Taiwan Semiconductor Manufacturing Company (TSMC) was just awarded $6.6 Billion in CHIPS Act funding. This action by the EPA could jeopardize that funding and makes absolutely no sense.”

Lesko speculated in letters of appeal to the EPA and Commerce Department that the EPA was acting in a rushed response to undermine president-elect Donald Trump’s incoming administration. 

“The reason for this [EPA] change is not clear to me, but I am concerned that this action was taken based upon the political reality of the upcoming administration change,” said Lesko. 

Lesko further argued the EPA was “premature” in its reclassification. Lesko referenced an understanding via communications with the EPA that the agency wouldn’t issue its decision until next May. 

Not only has the EPA acted prematurely, Lesko argued, but their expedited timeline works outside of the legal requirement to have a 180-day window for redesignation from Aug. 3, 2024, which would land on Jan. 30, 2025. The presidential inauguration takes place on Jan. 20, 2025. Lesko asked the EPA to honor its original May timeline. 

EPA Region 9 advised Maricopa County Air Quality that they would issue a Federal Register Notice containing an “expedited redesignation” within the coming weeks.

The redesignation would lower Maricopa County’s emissions threshold from 100 tons to 50 tons for major sources of nitrogen oxides and volatile organic compounds. Lesko said these adjustments would jeopardize TSMC operations.

“TMSC’s new plant requires an air quality permit to proceed. The current major source threshold of 100 tons would allow TSMC to proceed without needing to acquire emission reduction credits (ERCs),” said Lesko. “However, a redesignation to serious nonattainment would impose the 50-ton threshold, which is currently unfeasible due to the shortage of available ERCs, thus potentially delaying or halting this key project.” 

Lesko cited further concerns that the expedited redesignation would harm the Maricopa County and Arizona economies by dissuading industry growth and recruitment for technology and advanced manufacturing. 

Maricopa County Air Quality issued a release earlier this year warning that the EPA would reclassify their ozone nonattainment from “moderate” to “serious” nonattainment prior to Feb. 3, 2025. 

The EPA included Maricopa County in its final rule, finding it in October as an area that failed to submit a plan addressing EPA ozone requirements for moderate nonattainment areas. The EPA reclassified Maricopa County from marginal to moderate in 2022, and gave the county until last January to submit its plan.

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