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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
air quality; ozone standards; opposing
Purpose
Urges the Biden Administration and the U.S. Congress to stop the U.S. Environmental Protection Agency (EPA) 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.
Background
In 2015, the EPA revised the primary and secondary National Ambient Air Quality Standards (NAAQS) for ground level ozone (80 FR 65292). NAAQS are the ambient air pollutant concentration limits established by the EPA pursuant to the federal Clean Air Act (CAA) (A.R.S. § 49-401.01). Primary standards are set by the EPA to protect public health, including protecting asthmatics, children and the elderly. Secondary standards are to protect public welfare, including decreased visibility, damage to animals, crops or buildings (EPA). Ground level ozone is created when volatile organic compounds and nitrogen oxides react in sunlight and can be harmful to human health (ADEQ). The new EPA standards lowered ground level ozone from 75 parts per million to 70 parts per million (EPA).
The CAA requires
states to submit new recommendations for areas of non-attainment after an
update to the NAAQS (A.R.S.
§ 49-405). Arizona submitted new recommendations to the EPA on September
27, 2016, and the EPA accepted the recommendations on June 4, 2018 (86
C.F.R.
§ 58631). On September 16, 2022, the EPA determined the Phoenix-Mesa
nonattainment area had not attained the new NAAQS by the deadline of August 3,
2021, therefore the EPA designated the area as moderate nonattainment (87
C.F.R. § 60898).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Urges the Biden Administration and the U.S. Congress to stop the U.S. EPA 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. Directs the Secretary of State to transmit copies of the Memorial to the President of the United States, the President of the U.S. Senate, the Speaker of the U.S. House of Representatives and each Member of Congress from the State of Arizona.
House Action
NREW 2/14/23 DP 6-3-0-1
3rd Read 3/1/23 31-28-1
Prepared by Senate Research
March 28, 2023
RA/SF/slp