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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
air quality; ozone levels
Purpose
Urges the President and Congress of the United States to prevent the U.S. Environmental Protection Agency (EPA) from imposing coercive and likely unconstitutional penalties on Arizona to comply with an ozone standard that is unattainable and urges the EPA to revise its outlined regulations and maintain the existing 2015 standard.
Background
The federal Clean Air Act requires the EPA Administrator to set primary
air quality standards to protect public health with an adequate margin of
safety. In making this judgment, the EPA Administrator considers factors such
as the nature and severity of health effects, the size of the at-risk groups
affected and the degree of certainty and uncertainty in the science on
ozone-related health effects. The EPA must review the standard every five years
to determine whether changes are warranted. On October 1, 2015, the EPA amended
the National Ambient Air Quality Standards for ground-level ozone to 70 parts
per billion (EPA).
The Director of the Arizona Department of Environmental Quality (ADEQ) is
tasked with maintaining a state implementation plan that provides for
implementation, maintenance and enforcement of national ambient air quality
standards and protection of visibility as required by the federal Clean Air Act
(A.R.S.
§ 49-404). The implementation plan must include enforceable emission
limitations, other control measures and provisions prohibiting any source or
other type of emissions activity within Arizona from emitting any air pollutant
in amounts which will:
1) contribute significantly to nonattainment in any other state; or 2)
interfere with other outlined requirements of the state implementation plan
that prevent significant deterioration of air quality or protect visibility (42
U.S.C. § 7410).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. States that the Legislature prays that:
a) the President and Congress of the United States prevent the 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;
b) the EPA revise its regulations to comply with outlined requirements that require the EPA Administrator to approve a state implementation plan if the state establishes that it would attain and maintain the relevant air quality standard but for emissions emanating outside of the United States; and
c) that the EPA maintain the existing 2015 standard and not further lower an already unattainable standard that is not supported by science.
2. Directs the Arizona 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 the U.S. Congress from Arizona.
House Action
NREW 2/18/25 DP 6-4-0-0
3rd Read 2/26/25 32-27-1
Prepared by Senate Research
March 7, 2025
SB/slp