Senate Engrossed

State of Arizona Senate Fifty‑first Legislature First Regular Session 2013

SENATE CONCURRENT MEMORIAL 1001

 

A CONCURRENT MEMORIAL

 

Urging the United States Congress to amend the clean air act and to fully consider the impact of new regulations.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

To the Congress of the United States of America:

Your memorialist respectfully represents:

Whereas, the Clean Air Act is a federal law designed to minimize air pollution nationwide; and

Whereas, the Clean Air Act requires the Environmental Protection Agency (EPA) to enforce regulations intended to protect the public from air pollutants believed to be hazardous to public health; and

Whereas, in 1970, Congress amended the Clean Air Act by mandating comprehensive state and federal regulations for both stationary and non‑stationary sources of pollution; and

Whereas, the 1970 amendments dramatically expanded the EPA's regulatory authority; and

Whereas, additional amendments adopted in 1990 expanded the Clean Air Act by allowing the EPA to address acid rain, ozone depletion, gasoline formulation and evaporative emissions; and

Whereas, in April 2009, the EPA issued an endangerment finding, declaring that current and future greenhouse gas emissions pose a serious threat to public health and safety, allowing the agency to regulate carbon dioxide emissions; and

Whereas, as written, the Clean Air Act gives states, not the federal government, the primary role in establishing and carrying out plans to comply with EPA regulations; and

Whereas, as written, the Clean Air Act requires the EPA to consider the economic impact of its proposed regulations; and

Whereas, in spite of these provisions, recent actions by the EPA reflect a disturbing and legally questionable shift away from state and towards federal primacy; and

Whereas, these actions include the EPA's recent rejection of Arizona's State Implementation Plan for Regional Haze, which may cost Arizona consumers as much as one billion dollars for new technology that will make an imperceptible improvement in air quality compared to the state's plan; and

Whereas, while Americans support efforts to improve air quality, such efforts should be carefully balanced to ensure that the cost of new regulations on the economy do not exceed potential benefits; and

Wherefore your memorialist, the Senate of the State of Arizona, the House of Representatives concurring, prays:

1.  That the United States Congress amend the Clean Air Act to further clarify that the states, not the EPA, have the primary role in developing plans for regulating air pollutants and fully consider the impact of new regulations on the state and national economy before approval or implementation of new regulations.

2.  That the Secretary of State of the State of Arizona transmit copies of this Memorial to the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.