Assigned to NREW FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.C.M. 2008
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.
FACT SHEET
H.C.M. 2008
Page 2
House Action
NREW 2/14/23 DP 6-3-0-1
3
rd
Read 3/1/23 31-28-1
Prepared by Senate Research
March 28, 2023
RA/SF/slp