House Engrossed air quality; ozone levels State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE CONCURRENT MEMORIAL 2010 A Concurrent Memorial urging the president and Congress of the United States to prevent the environmental protection agency from penalizing Arizona for unachievable ozone standards. (TEXT OF BILL BEGINS ON NEXT PAGE)
House Engrossed air quality; ozone levels
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HOUSE CONCURRENT MEMORIAL 2010
House Engrossed
air quality; ozone levels
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HOUSE CONCURRENT MEMORIAL 2010
A Concurrent Memorial
urging the president and Congress of the United States to prevent the environmental protection agency from penalizing Arizona for unachievable ozone standards.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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 tried to force the adoption of ozone control measures on the State of Arizona and its individual citizens, motorists and businesses that would have devastated this state's 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 caused by natural events and that external activity outside this state is beyond the scope and control of the citizens of this state; and Whereas, states in the intermountain West have demonstrated ongoing reductions in ozone precursor emissions, yet observed ozone has remained stagnant or, in some cases, has increased; and Whereas, 42 United States Code section 7509a requires the EPA administrator to approve state implementation plans establishing that this state would attain and maintain the relevant national ambient air quality standards by the attainment date but for emissions emanating from outside of the United States; and Whereas, there is no evidence that any of the control measures being considered, including additional regulations on businesses, expanding public transit or adopting vehicle miles travelled land use 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 EPA imposing fines and penalties or withholding Arizona's share of federal transportation dollars for nonattainment would be coercive and unfairly punitive to the citizens of this state; and Whereas, if the EPA abided by the plain text of 42 United States Code section 7509a, the Maricopa region would attain and maintain the 2015 ozone standard. Wherefore your memorialist, the House of Representatives of the State of Arizona, the Senate concurring, prays: 1. That the President and Congress of the United States prevent 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 Environmental Protection Agency revise its regulations to comply with the requirements of 42 United States Code section 7509a, requiring its 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. 3. That the Environmental Protection Agency maintain the existing 2015 standard and not further lower an already unattainable standard that is not supported by science. 4. 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.
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 tried to force the adoption of ozone control measures on the State of Arizona and its individual citizens, motorists and businesses that would have devastated this state's 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 caused by natural events and that external activity outside this state is beyond the scope and control of the citizens of this state; and
Whereas, states in the intermountain West have demonstrated ongoing reductions in ozone precursor emissions, yet observed ozone has remained stagnant or, in some cases, has increased; and
Whereas, 42 United States Code section 7509a requires the EPA administrator to approve state implementation plans establishing that this state would attain and maintain the relevant national ambient air quality standards by the attainment date but for emissions emanating from outside of the United States; and
Whereas, there is no evidence that any of the control measures being considered, including additional regulations on businesses, expanding public transit or adopting vehicle miles travelled land use 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 EPA imposing fines and penalties or withholding Arizona's share of federal transportation dollars for nonattainment would be coercive and unfairly punitive to the citizens of this state; and
Whereas, if the EPA abided by the plain text of 42 United States Code section 7509a, the Maricopa region would attain and maintain the 2015 ozone standard.
Wherefore your memorialist, the House of Representatives of the State of Arizona, the Senate concurring, prays:
1. That the President and Congress of the United States prevent 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 Environmental Protection Agency revise its regulations to comply with the requirements of 42 United States Code section 7509a, requiring its 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.
3. That the Environmental Protection Agency maintain the existing 2015 standard and not further lower an already unattainable standard that is not supported by science.
4. 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.