EPA Backs Off Air Quality Standards Reclassification After Rep. Lesko Intervenes

December 15, 2024

By Matthew Holloway |

Following intervention from Congresswoman Debbie Lesko (R-AZ-08), the EPA has reportedly decided not to move forward with its decision to declare Maricopa County’s nonattainment status of ozone National Ambient Air Quality Standards (NAAQS) as ‘serious.’ Lesko publicly expressed concern that the change was motivated by the “upcoming administration change,” and not the law.

According to a press release from Lesko’s office, the Environmental Protection Agency (EPA) Administrator agreed to reconsider the decision to “prematurely reclassify” Maricopa County’s status of nonattainment as ‘serious.’ 

In her letter to the EPA, as previously reported by AZ Free News, Lesko warned, “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. 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.”

In her letter, Rep. Lesko expressed concern that the reclassification was not based upon law or environmental science but on politics. She wrote, “The reason for this change is not clear to me, but I am concerned tat this action was taken based upon the political reality of the upcoming administration change.”

She explained, “The law states that there is a 180-day window from August 3, 2024 for redesignation. The expedited timeline is set prior to the 180-day deadline.” She added, “It is crucial that the EPA and other federal agencies keep a consistent and stable regulatory environment where they do not expedite or change rulings based on the upcoming changes in executive power.”

As noted in our previous coverage, the arbitrary redesignation would lower Maricopa County’s emissions threshold from the current 100 tons to 50 tons for major sources of nitrogen oxides and volatile organic compounds, with said adjustments jeopardizing the operations of TSMC in Phoenix.

“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.” 

Congresswoman Lesko posted to X on Friday to announce the result of her appeal to the EPA. She wrote, “Great news! Following my letter to the EPA sent earlier this week and after working with Senator Kelly and the governor’s office, our office has now heard from the EPA they will no longer move forward with the decision to prematurely reclassify Maricopa County to “serious” nonattainment status for their ozone National Ambient Air Quality Standards (NAAQS). This is wonderful news!”

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

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