U.S. Rep. Martha McSally (R-AZ) last week introduced legislation that in one sentence prevents Arizona and other Western states from being penalized for using contingency measures for Clean Air Act (CAA) compliance, what has been up until now a longtime practice across presidential administrations.
Rep. McSally, referring to a recent decision by the 9th U.S. Circuit Court of Appeals in Bahr v. EPA, said, “No state should be punished for taking extra steps to be compliant — but even more unjust is the fact that this ruling puts those states, like Arizona, at a disadvantage.”
For more than 20 years, the U.S. Environmental Protection Agency (EPA) has allowed state and local governments to put early CAA contingency measures in place before they’re required by law, according to McSally’s office.
However, the 9th Circuit Appeals Court’s decision now has undermined the EPA’s long-standing approach, according to a statement from McSally’s office.
The court ruled that the EPA can’t approve such contingency compliance measures if they’re implemented prior to an area failing to comply or attain National Ambient Air Quality Standards (NAAQS).
Subsequently, Arizona and other states and territories in the 9th Circuit jurisdiction now may have their contingency measures disallowed, an action that McSally says could trigger CAA sanctions that likely would impede economic development.
“States should not be penalized for going above and beyond to comply with the Clean Air Act — but that is exactly what this court ruling would do,” said McSally, who has authored the Clean Air Contingency Measures Act of 2018, H.R. 4730.
Specifically, H.R. 4730 would enable early contingency measure implementation and ensure a uniform standard nationwide.
McSally’s proposal also would maintain and does not change a non-attainment area’s duty to comply with a NAAQS.
Moreover, states still would need to ensure that their implementation plans contain all required measures for demonstrating that they will attain a NAAQS by the applicable deadline.
“It’s unfair that the CAA would apply differently to different states,” McSally said. “This common sense, one-sentence bill prevents an unnecessary downward spiral.”
H.R. 4730 has been referred to the House Energy and Commerce Committee.