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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
air quality; causation; state boundaries
Purpose
Allows the Attorney General (AG) to file suit on behalf of Arizona against the U.S. Environmental Protection Agency (EPA) if the EPA does not approve a demonstration that establishes that any area of Arizona would achieve and maintain the applicable national ambient air quality standard but for emissions emanating outside of the United States.
Background
The AG serves as the chief legal officer of Arizona and is tasked with: 1) prosecuting and defending in the Supreme Court or a state court if deemed necessary, all proceedings in which Arizona or an officer of Arizona is a party or has an interest; 2) representing Arizona in any action in a federal court; and 3) being the legal advisor of the departments of Arizona (A.R.S. §§ 41-192 and 41-193).
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 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). Nonattainment is any area that does not meet, or contribute
to ambient air quality in a nearby area that does not meet, the national
primary or secondary ambient air quality standard outlined in the National
Ambient Air Quality Standards (EPA).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the AG to file suit on behalf of Arizona against the EPA if the EPA does not approve a demonstration that establishes that any area of Arizona would achieve and maintain the applicable national ambient air quality standard but for emissions emanating outside of the United States.
2. Requires the Director of ADEQ, when considering any revisions to the state implementation plan or rules for the adoption of the state implementation plan, to consider:
a) the best interests of the taxpayer; and
b) all casual factors that affect air quality, including:
i. the transport of emissions that originate from another domestic state; and
ii. the effects of solar radiation and any associated heat increases.
3. Prohibits the Director ADEQ, when considering any revisions to the state implementation plan or rules for the adoption of the state implementation plan, from considering any emissions that emanate from outside the borders of the United States.
4. Contains a statement of legislative findings.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Allows the AG to file suit on behalf of Arizona against the EPA, rather than any person outside of Arizona whose emissions result in damages to the air quality of Arizona, if the EPA does not approve a demonstration that establishes that any area of Arizona would achieve and maintain the applicable national ambient air quality standard but for emissions emanating outside of the United States.
2. Removes the requirement that a person be held liable for damages for the person's harm to the air quality of Arizona in proportion to the harm cause by all persons located outside of Arizona.
4. Contains a statement of legislative findings.
5. Makes technical and conforming changes.
Senate Action
NR 1/28/25 DP 5-3-0
Prepared by Senate Research
March 4, 2025
SB/slp