Rep. Carbone’s Bold Bill Challenges Congress to Block ‘Coercive’ EPA Sanctions on Arizona

By Jonathan Eberle |

A new bill in Arizona urges the federal government to intervene against potential sanctions from the Environmental Protection Agency (EPA) concerning ozone pollution standards. House Concurrent Memorial (HCM) 2010, introduced by Rep. Michael Carbone (R-LD25), contends that the EPA’s penalties are “coercive and likely unconstitutional.” The memorial seeks to maintain the existing 2015 air quality standards, avoiding stricter regulations.

The Clean Air Act mandates that the EPA establish and re-evaluate air quality standards aimed at safeguarding public health. In 2015, the agency set the National Ambient Air Quality Standard for ground-level ozone at 70 parts per billion. While this regulation aims to lessen pollution associated with respiratory ailments, Arizona officials claim that numerous factors, including cross-border emissions, hinder some areas from meeting this standard.

The Arizona Department of Environmental Quality (ADEQ) is tasked with enforcing air quality standards within the state. Per federal law, state air quality frameworks must mitigate emissions that significantly affect neighboring areas or compromise visibility.

If HCM 2010 is ratified, it will officially request the following actions:

• The President and Congress to halt EPA penalties on Arizona due to alleged unattainability of ozone standards with current technology.
• A revision of EPA regulations to consider cross-border emissions in Arizona’s air quality compliance assessments.
• A continuation of the 2015 ozone standard, avoiding stricter limits that the resolution claims lack adequate scientific foundation.

The Arizona Secretary of State is instructed to send copies of the memorial to key federal officials, including the President and congressional leaders. The House passed the measure by a vote of 32-27-1, with approval from the House Natural Resources, Energy & Water Committee in a 6-4 vote.

Proponents argue that Arizona should not face penalties for ozone levels influenced by external factors. If the Legislature approves HCM 2010, it will formally request federal action without carrying legal authority.

Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.