REFERENCE TITLE: air quality; ozone standards; opposing

State of Arizona

House of Representatives

Fifty-sixth Legislature

First Regular Session

2023

HCM 2008

Introduced by

Representative Carbone

A Concurrent Memorial

urging the president and Congress of the United States to halt the imposition of unrealistic ozone standards on the state of Arizona.

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To the President and Congress of the United States of America:

Your memorialist respectfully represents:

Whereas, on September 16, 2022, the United States Environmental Protection Agency (EPA) reclassified Maricopa County as a moderate nonattainment area for ozone limits under the Clean Air Act; and

Whereas, the EPA under the Biden Administration is trying to force the adoption of ozone control measures on the State of Arizona and its individual citizens, motorists and businesses that would devastate the economy; and

Whereas, the main contributor to nonattainment for Maricopa County was the adoption of the 2015 EPA guidelines, which dropped acceptable ozone levels from 75ppb to 70ppb; and

Whereas, multiple studies have shown that higher ozone levels in Maricopa County are being caused by natural events and that external activity outside the state is beyond the scope and control of the citizens of this state; and

Whereas, there is no evidence that any of the control measures being considered, including additional regulations on business, expanding transit, adopting vision-zero zoning programs or vehicle trip reduction requirements will result in Maricopa County reaching attainment; and

Whereas, the Maricopa Association of Governments has issued public statements acknowledging that the removal of all 4,000,000 internal combustion vehicles in the metropolitan Phoenix area would not bring Maricopa County into compliance with the ozone requirements mandated by the EPA; and

Whereas, during the Covid-19 pandemic in 2020 ozone levels increased from 79ppb to 87ppb despite the fact that most vehicular and business activity was halted in Maricopa County; and

Whereas, the imposition of fines and penalties or the withholding of Arizona's share of federal transportation dollars by the EPA for nonattainment would be coercive and unfairly punitive to the citizens of this state.

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

1. That the Biden Administration and the United States Congress stop the United States Environmental Protection Agency from imposing coercive and likely unconstitutional penalties on Arizona to comply with an ozone standard that is impossible to attain through any of the control measures being considered.

2. That the Secretary of State of the State of Arizona transmit copies of this Memorial to the President of the United States, 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.