The Environmental Protection Agency (EPA) will no longer penalize Arizona and other states for foreign air pollution affecting state levels.
The EPA decision follows local and statewide efforts by Arizona’s elected and grassroots leaders in recent years to toss this regulation.
Among those engaging with the EPA was the Arizona Free Enterprise Club (AFEC). The grassroots organization’s president, Scot Mussi, commended the EPA decision.
“Due to this regulation from the Biden Administration, Arizona was being forced to adopt radical control measures, like banning gasoline-powered vehicles, which still would have left our state short of meeting the ozone standard,” said Mussi. “Yet again, the left’s environmental policies have proven to be disastrous and unworkable. For the good of our state and country, we must never repeat these mandates.”
🚨 EPA Delivers Big Win for Arizona
Today, the U.S. Environmental Protection Agency announced that it would be reversing the Biden Administration’s Guidance on the Preparation of Clean Air Act Section (CAA) 179B Demonstrations for Nonattainment Areas Affected by International…
— Arizona Free Enterprise Club (@azfec) April 8, 2025
EPA Administrator Lee Zeldin announced on Monday it would rescind the Guidance on the Preparation of Clean Air Act Section (CAA) 179B Demonstrations for Nonattainment Areas Affected by International Transport of Emissions.
The EPA published a press release, also on Monday, detailing the changes to air pollution regulations. The rescinded guidance effectively penalized states for air pollution caused by other countries.
“This guidance made it unnecessarily difficult for states to demonstrate that foreign air pollution is harming Americans within their borders,” stated the EPA. “States should not be penalized for air pollution beyond their control, including pollution crossing international borders into the United States.”
In a statement, Zeldin said U.S. citizens shouldn’t be held responsible for other nations’ air pollution failures.
“Americans should not be harmed by other countries that do not have the same environmental standards we have in the United States,” said Zeldin. “Not only are we eliminating cumbersome red tape that placed an excessive burden on states to prove emissions were from an international source, but we are also helping states across our nation prosper while ensuring they continue to provide clean air for their residents.”
The EPA said it would work with state and local air agencies to secure regulatory relief under the rescinded guidance.
The guidance emerged in December 2020 during the last month of the first Trump administration. The guidance was intended to assist state, local, and tribal air agencies with developing a demonstration on how a nonattainment area would be able to attain or would have attained relevant National Ambient Air Quality Standard if not for other countries’ air pollution.
Last month, the EPA agreed to reconsider its determination that the Northern Wasatch Front in Utah failed to attain the 2015 Ozone National Ambient Air Quality Standards.
This latest policy change aligns with the Trump administration’s designs for the EPA under Zeldin outlined in his Powering the Great American Comeback initiative. Zeldin declared in his announcement of the initiative that conservation was inherently a core principle of conservatism.
This initiative announced in February proposes five new pillars of guidance for the EPA’s work over the first 100 days and throughout the next four years, all centered around American independence and dominance: securing clean air, land, and water for all Americans; restoring American energy dominance; permitting reform, cooperative federalism, and cross-agency partnership; making the U.S. the artificial intelligence capital of the world; and protecting and bringing back American auto jobs.
In a joint press release issued on Monday, Maricopa County Chairman Thomas Galvin and Supervisor Debbie Lesko said they made the case in a meeting last month with the EPA of the difficulty for states to prove certain air pollution impacts. The stance from current county leadership marks a departure from past leadership, which advanced measures to meet EPA compliance on ozone standards.
“At that meeting, county leadership demonstrated how difficult it has been for states like Arizona to prove the impact of air pollution from international transport, and as a result, we risk more regulation,” said Galvin and Lesko. “As Administrator Zeldin said, today’s announcement is a step in the right direction for states looking to balance the need for clean air with the importance of economic development.”
Galvin and Lesko also thanked Senator Mark Kelly for providing assistance on the issue.
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A bill asking President Trump and Congress to prevent the Environmental Protection Agency (EPA) from imposing sanctions on Arizona is currently making its way through the Arizona legislature.
House Concurrent Memorial (HCM) 2010, sponsored by Rep. Michael Carbone (R-LD25) urges the federal government to prevent the EPA from imposing what lawmakers call “coercive and likely unconstitutional” penalties on Arizona regarding ozone pollution standards. The resolution also calls for maintaining the existing 2015 air quality standard rather than implementing stricter regulations.
The federal Clean Air Act requires the EPA to set and periodically review air quality standards to protect public health. In 2015, the EPA lowered the National Ambient Air Quality Standard for ground-level ozone to 70 parts per billion to reduce harmful pollution linked to respiratory illnesses. However, Arizona officials argue that some areas struggle to meet the standard due to factors beyond their control, such as emissions from outside the state or even outside the country.
The Arizona Department of Environmental Quality (ADEQ) is responsible for implementing and enforcing air quality regulations at the state level. Under federal law, state air quality plans must prevent emissions that significantly contribute to pollution in neighboring states or interfere with visibility protections.
The resolution, if passed, would formally request that:
The President and Congress intervene to stop the EPA from penalizing Arizona for failing to meet ozone standards deemed unattainable with current technology.
The EPA revise its regulations to allow Arizona’s air quality plan to account for cross-border emissions when determining compliance.
The EPA maintain the 2015 ozone standard rather than implement stricter limits that the resolution claims lack sufficient scientific backing.
Additionally, the measure directs the Arizona Secretary of State to send copies of the memorial to federal officials, including the President, congressional leaders, and Arizona’s U.S. Senators and Representatives.
The measure passed the Arizona House with a 32-27-1 vote and was approved by the House Natural Resources, Energy & Water Committee in a 6-4 vote.
Supporters of the resolution argue that Arizona should not be penalized for ozone levels influenced by external sources beyond state control. If approved by the Legislature, HCM 2010 will serve as an official request for federal action but will not carry the force of law.
Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.
The Trump administration has been hard at work dismantling offices of “environmental justice” in the federal government.
Last week, the Environmental Protection Agency (EPA) announced that it began implementing Trump’s executive order “Ending Radical and Wasteful Government DEI Programs and Preferencing.” The agency placed on leave 171 employees in DEI and environmental justice offices.
The EPA intends to close the Office of Environmental Justice and External Civil Rights, The Washington Post reported. Trump appointees at the Justice Department announced they would restructure the Department of Justice’s Environment and Natural Resources Division.
Shortly after her confirmation, Attorney General Pam Bondi rescinded any “memoranda, guidance, or similar directive that implement the prior administration’s ‘environmental justice’ agenda.”
“Going forward, the Department will evenhandedly enforce all federal civil and criminal laws, including environmental laws,” Bondi noted.
Why does this matter?
“Environmental justice” refers to the toxic brew of critical race theory and climate alarmism. According to critical race theory, America is institutionally racist against black people and other minorities and in favor of white people. According to climate alarmism, the burning of fossil fuels will bring about Armageddon.
The EPA defines “environmental justice” as ensuring that Americans “are fully protected from disproportionate and adverse human health and environmental effects (including risks) and hazards, including those related to climate change, the cumulative impacts of environmental and other burdens, and the legacy of racism or other structural or systemic barriers” (emphasis added).
Trump entered office promising to unleash American energy and reverse the Biden administration’s promotion of critical race theory and its application in the “diversity, equity, and inclusion” movement. This diversity, equity and inclusion (DEI) movement aims to promote some racial minorities, rejecting the colorblind approach of focusing on merit or competence.
While President George H.W. Bush established the EPA’s Office of Environmental Equity — the office that President Bill Clinton would later rename the Office of Environmental Justice — President Joe Biden hypercharged its mission, directing all-of-government efforts on DEI, restrictions on fossil fuels, and a promotion of less reliable forms of energy, like wind and solar.
In doing so, Biden followed the demands of activist groups, many of which staffed and advised his administration.
As I note in my book, “The Woketopus: The Dark Money Cabal Manipulating the Federal Government,” Biden tapped climate alarmists for key leadership positions.
Biden picked Michael Regan, a vice president at the Environmental Defense Fund, to head up the EPA. He selected Laura Daniel-Davis, a vice president at the National Wildlife Federation (NWF), to serve at the Department of the Interior. He nominated Tracey Stone-Manning, another NWF staffer who confessed to typing out a letter on behalf of tree-spiking eco-terrorists, to head the Bureau of Land Management.
Gina McCarthy, who headed EPA under President Barack Obama, became president of the Natural Resources Defense Council (NRDC) until Biden appointed her national climate adviser.
When Trump moved against the EPA’s environmental justice office, NRDC released a statement condemning the move as a “disgrace.” Who did NRDC enlist to make the statement? None other than Matthew Tejada, who directed the Office of Environmental Justice from 2013 to 2022.
“The Trump EPA is abandoning the communities across our nation that need help the most,” Tejada said. “Shuttering the environmental justice office will mean more toxic contaminants, dangerous air, and unsafe water in communities across the nation that have been most harmed by pollution in the past.”
That conclusion, of course, relies on the assumptions of critical race theory and climate alarmism, however. If America is not institutionally racist but rather a country with civil rights laws that protect citizens of all races from discrimination, the EPA does not need an “environmental justice” office to combat pollution for Americans of specific skin colors.
If the predictions of climate disaster are overblown and based on false assumptions that exaggerate the risks when actual deaths from climate disaster have declined by 99% over the past century, then perhaps the EPA need not invest extra funds in an office of environmental justice. If fossil fuels have gotten substantially cleaner, perhaps the EPA should focus on specific air quality issues, rather than premonitions of global climate doom.
This seems to be at least part of the reasoning behind EPA’s restructure.
“Under President Trump, the EPA will be focused on our core mission to protect human health and the environment, while Powering the Great American Comeback,” EPA Administrator Lee Zeldin said in a statement Tuesday. “The previous Administration used DEI and Environmental Justice to advance ideological priorities, distributing billions of dollars to organizations in the name of climate equity. This ends now.”
“We will be good stewards of tax dollars and do everything in our power to deliver clean air, land, and water to every American, regardless of race, religion, background, and creed,” he added.
While pollution affects Americans in different ways, the EPA need not indulge in critical race theory and climate alarmism to effectively combat the real threats Americans face. Rather than addressing supposed institutional racism and fossil fuel-induced disaster, the EPA should focus on its actual mission: protecting Americans from concrete instances of pollution and environmental harms.
Of course, those humdrum concerns don’t require as much federal funding and staff — and that might explain the real reason behind the Left’s freakout over Trump’s move.
Tyler O’Neil is a contributor to The Daily Caller News Foundation, managing editor of The Daily Signal, and the author of two books: “Making Hate Pay: The Corruption of the Southern Poverty Law Center,” and “The Woketopus: The Dark Money Cabal Manipulating the Federal Government.”
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.”
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”…
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!”
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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