by Jonathan Eberle | Mar 19, 2025 | News
By Jonathan Eberle |
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.
by Matthew Holloway | Dec 15, 2024 | News
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.
by Staff Reporter | Dec 8, 2024 | News
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.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by AZ Free Enterprise Club | Nov 13, 2023 | Opinion
By the Arizona Free Enterprise Club |
Ozone levels in Maricopa County are lower today than they were 20 years ago. And the reality is that most of the ozone currently in the region is either due to natural events or coming from China. But you won’t hear facts like that from the Left. Instead, they’d rather hatch a scheme to enforce their climate change agenda on the American people, and one of their biggest targets in the past year has been Arizona. Now, after failing to convince our state to ban gas cars and gas stoves, the Sierra Club is attempting to use the courts to force this agenda upon us.
An Impossible Standard
Much of this began in September 2022 when the United States Environmental Protection Agency (EPA) reclassified Maricopa County as a moderate nonattainment area of ozone limits under the Clean Air Act. This basically means that, according to the EPA, Maricopa County’s ozone levels are too high and therefore our state—including its citizens, motorists, and businesses—must be forced to adopt ozone control measures. Failure to comply with these measures could mean fines, penalties, or the withholding of federal transportation dollars for Arizona.
Of course, what they won’t tell you is that the main reason our ozone levels are too high isn’t because there are more cars on the road or Arizonans like trying new recipes on their gas stoves. The main reason our ozone levels are too high is because the federal government moved the goal posts back in 2015 when the EPA dropped its acceptable ozone levels from 75ppb to 70ppb…
>>> CONTINUE READING >>>
by Daniel Stefanski | Apr 17, 2023 | News
By Daniel Stefanski |
Days after an AZ Free News report about Arizona’s largest county possibly taking steps toward compliance with extremely onerous environmental measures from the federal government, Republicans in the State Legislature announced their own move to counter these – and other – actions.
On Friday, the Arizona Senate and House Leadership teams announced the launch of “a study committee to examine recent local efforts attempting compliance with air quality standards set forth by the federal government.”
The committee, entitled the Joint Legislative Ad Hoc Committee on Air Quality and Energy, will meet to “gather information from experts and the public about local recommendations on rulemaking determinations by the Environmental Protection Agency (EPA) on ozone nonattainment.” Per the press release from the Legislature, the committee “will hear testimony and consider evidence on every angle, from sources of ozone and efforts to mitigate such sources, to the impacts of these mandates on Arizona families, workers, industries, consumer products and the economy, as well as the practicality of achieving recommended proposals and a variety of other issues deemed relevant to the investigation.”
Senate President Warren Petersen and House Speaker Ben Toma will each appoint five members to the committee. Two members have already been selected as the committee’s co-chairs: Senator Sine Kerr and Representative Gail Griffin, who are also chairs of the Senate and House Committees on Natural Resources, Energy and Water.
The two co-chairs of the committee issued comments in conjunction with Friday’s announcement. Senator Kerr stated: “While we strive to be proactive in protecting our environment, we certainly won’t blindly implement air quality policy dictated by the federal government without thorough investigation. We want to make sure the EPA’s requirements are realistic and won’t cause hardships for our residents, for our economy, or infringe on freedoms, as with what has so far transpired in California.”
And Representative Griffin said, “Arizona has natural occurrences of ozone such as from native vegetation and wildfires that we have absolutely no control over. We also receive significant ozone transports from Mexico and other states that need to be accounted for in federal models. We all want clean air, and I am looking forward to working with everyone on solutions.”
As AZ Free News reported on April 6, The Maricopa Association of Governments (MAG) recently contracted with a California-based consulting firm to “identify and evaluate new and available ozone precursor control measures that could be implemented within the nonattainment area” – which is an “eight-hour ozone boundary for the 2015 ozone standard (2015 National Ambient Air Quality Standard),” following a little-discussed published rule from the EPA in fall 2022, which moved “the region up the severity ladder for ozone pollution, reclassifying the region from ‘marginal’ to ‘moderate’ nonattainment for the ozone pollution standard.”
The consultant’s Final Report this spring suggested “approximately 50% reduction in nonattainment area anthropogenic NOx and VOC emissions” in order to bring the region into compliance with the EPA’s standard by an August 3, 2024, deadline.
To meet this deadline, suggested measures were included to reduce ozone in the Maricopa Nonattainment Area to meet Clean Air Act requirements related to the 2015 ozone standard. Some of the suggested measures include adopting standards similar to California like banning the internal combustion engine, banning gas appliances, and a host of regulations on various business activities.
There is a tight turnaround for approval of these drastic measures to cut emissions in Maricopa County. Before the end of April, the “MAG Regional Council may approve the Draft Suggested List of Measures” after receiving recommendations from the MAG Management Committee. Then, over this summer, “implementing entities provide commitments to implement measures, or reasoned justification for non-implementation, to MAG for inclusion in a nonattainment area state implementation plan submission to EPA.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
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