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Arizona Chamber of Commerce & Industry Backs EPA’s Ozone Proposal

The Arizona Chamber of Commerce & Industry, alongside the Arizona Manufacturers Council, has officially submitted detailed comments endorsing a significant proposed determination by the U.S. Environmental Protection Agency (EPA). This determination recognizes the influence of international emissions on the ongoing ozone challenges faced by the Phoenix-Mesa region.

Advocacy for EPA’s Proposed Finding

In comments filed on December 19, the Chamber implored the EPA to finalize its proposed finding. This finding posits that the Phoenix-Mesa area would have complied with the federal 2015 ozone standard were it not for emissions that originate outside the United States. This crucial determination is authorized under Section 179B(b) of the Clean Air Act, which allows for acknowledgment of external factors affecting air quality.

History of Compliance Efforts

For over 30 years, Arizona businesses and local governments have partnered extensively to adjust to increasingly strict ozone standards. Notably, since 1990, the Greater Phoenix area has consistently achieved compliance with prior ozone standards through robust planning, technological enhancements, and strict adherence to regulations. These collaborative efforts have produced tangible outcomes: despite a surge in population, an increase in vehicle miles traveled, and economic acceleration, overall air pollution emissions in Arizona have decreased by approximately 70% since 1990.

Diminishing Returns on Local Emission Controls

However, in its recent comments, the Chamber highlighted a concerning trend. Since around 2016, the benefits of additional local emission controls have resulted in diminishing returns. While significant local emission reductions have occurred, there have been no corresponding improvements in measured ozone concentrations. This change indicates that local emissions are no longer the primary contributors to the ongoing ozone issue.

The Role of External Emissions

According to thorough modeling conducted by the Maricopa Association of Governments, which underwent scrutiny by the EPA, it has been determined that roughly 80% of the ozone impacting the Phoenix region emanates from outside Arizona. This external influence includes emissions transported from other states, Mexico, and Asia, along with uncontrollable natural events such as wildfires.

The modeling analysis reveals that even if Arizona were to eliminate about 65% of local emissions—a scenario described as economically unfeasible—it would still not bring the region into compliance with the 2015 ozone standard. In practical terms, even shutting down all industrial operations and removing every single vehicle would still fall short of achieving compliance.

Economic Consequences of Noncompliance

“The primary goal of the Clean Air Act is to enhance air quality, not to enforce expensive regulations that yield no significant public health advantages,” the Chamber stressed.

Furthermore, Grace Appelbe, Executive Director of the Arizona Manufacturers Council, highlighted that reclassifying the region into a more severe nonattainment category could lead to substantial economic repercussions. This includes project delays and increased regulatory uncertainty, detrimental to the economic landscape.

Arizona has positioned itself as a global epicenter for advanced manufacturing, semiconductor production, artificial intelligence, and data infrastructure. Thus, additional nonattainment penalties could hinder or dissuade investments vital for Arizona’s sustained economic competitiveness.

Clarifying Misconceptions on Section 179B(b)

Appelbe clarified that approval under Section 179B(b) does not grant a “free pass” back into attainment. The region would still maintain its designation as moderate nonattainment and continue to comply with relevant Clean Air Act requirements.

She emphasized that this determination would prevent an automatic downgrade into a more punitive category when evidence indicates that local controls alone will not remedy the situation. Congress thoughtfully crafted this mechanism to ensure that environmental policies remain rooted in scientific evidence and equity.

Support from the Modeling Record

The Chamber’s argument also posits that the EPA’s proposal embodies the “best interpretation” of the Clean Air Act, in alignment with congressional intentions and the recent guidance from the Supreme Court compelling agencies to adhere closely to statutory text.

Upon reviewing the comprehensive modeling data, the EPA reached the conclusion that international emissions are solely responsible for enough ozone to push the region out of compliance. The Chamber asserts that this conclusion is backed by solid scientific evidence.

Resource Allocation for Real Solutions

The Chamber further contended that finalizing this proposal would enable Arizona to concentrate limited public resources on strategies that genuinely enhance air quality, rather than spending on increasingly burdensome regulatory controls that offer no measurable benefit.

National Context and Broader Collaboration

Arizona’s comments form part of an extensive federal review process that has garnered insights from other states grappling with similar air quality challenges, including Colorado, Nevada, and Utah, as noted in filings submitted to the EPA via the Federal Register.

The Role of AI legalese decoder

Navigating the complexities of environmental regulations can be daunting for businesses and government entities alike. This is where the AI legalese decoder steps in as a vital resource. By simplifying dense legal language and translating intricate regulatory terms into easily understood concepts, companies can better comprehend their rights and responsibilities amidst evolving legislation. Whether it’s interpreting the implications of the proposed EPA finding or assessing compliance challenges, the AI legalese decoder serves as an invaluable tool, empowering stakeholders to make informed decisions that align with both legal mandates and economic interests.

In conclusion, as Arizona faces pivotal decisions concerning air quality regulations, it is crucial that stakeholders are equipped with the necessary information and tools to navigate the legislative landscape. With the backing of the Arizona Chamber of Commerce & Industry and the support of AI solutions, the state is positioned to advocate for fair and scientifically grounded environmental policies.

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