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HCM 2010

air quality; ozone levels

57th Legislature - First Regular Session Introduced by Michael Carbone

Arizona asks federal leaders to shield the state from EPA penalties for ozone nonattainment and keep the 2015 70 ppb standard, applying international-transport considerations.

Transmit to Secretary of State
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Bill Summary · HCM 2010

Summary — H.C.M. 2010 (2025)

Status: Passed House (Feb 26, 2025) and Senate (Apr 16, 2025); transmitted to Arizona Secretary of State (filed Apr 16, 2025)
Introduced: Feb 11, 2025 by Rep. Carbone
Type: House Concurrent Memorial (non‑binding statement to federal government)

Purpose

H.C.M. 2010 is a concurrent memorial from the Arizona Legislature urging the President and U.S. Congress to prevent the U.S. Environmental Protection Agency (EPA) from penalizing Arizona for failing to meet ozone standards the memorial characterizes as unattainable by in‑state measures. It asks federal officials to direct the EPA to (1) avoid coercive penalties, (2) apply the statutory “international transport” consideration in 42 U.S.C. § 7509a, (3) keep the 2015 ozone standard (70 parts per billion) in place rather than lowering it further, and (4) receive copies of the memorial.

Key provisions / requests

  • Urges the President and Congress to prevent the EPA from imposing fines, penalties, or withholding federal transportation funds from Arizona for nonattainment tied to ozone standards the memorial deems unattainable.
  • Calls on the EPA to revise its regulations to conform with 42 U.S.C. § 7509a, which requires approval of a State Implementation Plan (SIP) when a state can show it would attain and maintain the standard “but for” emissions originating outside the United States.
  • Asks the EPA to maintain the 2015 national ambient air quality standard for ozone (revised in 2015 from a prior 75 ppb to 70 ppb) and not to lower it further.
  • Requests that the Arizona Secretary of State transmit the memorial to the President, congressional leaders, and Arizona’s U.S. House and Senate members.

Background / context cited in the memorial

  • On Sept. 16, 2022, the EPA reclassified Maricopa County as a “moderate” nonattainment area for ozone under the Clean Air Act.
  • The memorial cites studies and regional observations arguing much of the elevated ozone in Maricopa County results from natural events or external (out‑of‑state or international) sources beyond Arizona’s control.
  • It notes the Maricopa Association of Governments’ statement that removal of ~4,000,000 internal combustion vehicles in metro Phoenix would still not achieve attainment.
  • It cites observed ozone increases during the COVID‑19 period (reported in the memorial as from 79 ppb to 87 ppb in 2020) despite decreased local vehicular and business activity.

Who would be affected

  • Federal: EPA rulemaking and enforcement practice would be the primary targets of the memorial’s requests.
  • State and local: Arizona agencies and local governments (e.g., Maricopa County) that prepare SIPs and implement air quality measures.
  • Private sector and residents: businesses, motorists, and transit planning could be implicated indirectly if EPA enforcement or withholding of transportation funds were altered.

Procedural / legal note

  • As a concurrent memorial, H.C.M. 2010 is non‑binding and expresses the Arizona Legislature’s position; it does not create legal obligations on the EPA or federal government. Any change to EPA regulations or enforcement would require federal action (administrative rulemaking, statutory amendment, or executive direction).

Compiled from official sources — confirm details with the bill’s official record.

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