The National Association of Manufacturers and several business groups are calling on Senate Majority Leader Charles Schumer (D-N.Y.), Speaker of the House Mike Johnson (R-LA), Senate Minority Leader Mitch McConnell (R-KY) and House Minority Leader Hakeen Jeffries (D-N.Y.) to consider the impact the new Environmental Protection Agency ruling on PM2.5 will have on businesses. 

PM2.5 refers to air particles that are less than 2.5 micrometers in diameter.

The EPA in March lowered the standard for PM2.5 in its National Ambient Air Quality Standards rule by 25%, down from 12 micrograms per cubic meter of air to nine. NAM has sued to block the new standard.

EPA calls for steeper cut with a faster timeline

NAM has that the EPA鈥檚 new ruling is far more restrictive than other countries, with the UK aiming to lower its standard to 10 micrograms by 2040. 

鈥淭he new standard will also put the United States at a disadvantage by hurting our ability to compete on the world stage. Our global competitors have adopted standards that are less stringent than the EPA rule and are phased in over a much longer time frame,鈥� a letter led by NAM says. 鈥淐ongress must act to stop this harmful rule before it takes effect.鈥�

Arizona job creators and legislative leaders weigh in

Last November, the Arizona Chamber of Commerce & Industry and the Arizona Manufacturers Council were part of a NAM-led coalition that argued against the EPA鈥檚 proposed rulemaking. In a letter Danny Seiden, president & CEO of the Arizona Chamber, remarked that wildfires a great deal of pollution to Arizona.

In a separate filing made in March, the Arizona Chamber, state Senate President Warren Petersen, and House Speaker Ben Toma are contesting the EPA ruling. 

New standard will crimp growth

NAM insists the congressional leaders should consider the negative effects the ruling will have on businesses, arguing the more restrictive regulation will make it more challenging for states to issue permits for building new facilities or expanding existing factories.

NAM also argued that the ruling puts the U.S. at a competitive disadvantage globally since other nations are not lowering their standards at the same rate. The European Union is not lowering its standard to 10 micrograms until 2030, while China is retaining its 35 micrograms standard. 

鈥淎mericans deserve a strong economy and a healthy environment. We urge Congress to pass a resolution of disapproval addressing the EPA鈥檚 actions as quickly as possible,鈥� the letter says.

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Fortescue, a global leader in green energy, recently announced the official launch of its first U.S. green hydrogen production facility, Arizona Hydrogen, in Buckeye, Arizona.

Fortescue Executive Chair and Founder Dr. Andrew Forrest AO, along with state, local, and tribal leaders, were on-site recently to celebrate the significant milestone, which included a soil turn ceremony and renaming of the facility.

In his remarks, Forrest commended the Biden administration鈥檚 efforts in promoting the energy transition but highlighted the need for supportive policies to accelerate progress in green energy initiatives.

鈥淭he U.S. has made serious strides in attracting global investment in green hydrogen and decarbonization projects, like Fortescue鈥檚 solar and wind-powered Arizona Hydrogen facility,鈥� Forrest said. 鈥淔ortescue is unashamedly a first-mover in this space; the world needs us to move quickly.鈥�

Potential speedbumps

But Forrest also expressed concerns about potential regulations that could hinder the industry鈥檚 growth and limit economic opportunities. He urged for policies that encourage rather than restrict progress in sustainable energy production.

鈥淭here are rules right now under consideration with the Biden Administration that would make already announced projects like this one dramatically more expensive and smaller, resulting in fewer economic opportunities and slower progress on decarbonization,鈥� he said. 鈥淚 support the Biden administration鈥檚 goal to produce hydrogen in a way that prioritizes sustainability, however 45V, in its current form, is a straitjacket on the industry and works against the Biden Administration鈥檚 own climate goals.鈥� 

45V is a tax credit created in 2022 following the passage of the (IRA) that incentivizes the production of hydrogen by reducing the tax burden on eligible producers. 

Good news for jobs

According to economic projections from NDP Analytics, the Arizona Hydrogen facility is expected to create significant employment opportunities and economic benefits for the region. 

During its construction phase, the facility could generate up to 2,244 jobs, with potential earnings of $124.2 million in wages. It is anticipated to contribute $187.8 million to Arizona鈥檚 GDP and generate $31.7 million in income and sales taxes for state and local governments.

Once operational, Arizona Hydrogen will sustain 40 high-paying jobs directly, with a potential total of 431 direct, indirect, and induced jobs, contributing $29.3 million in wages. The facility is projected to add $59.2 million to Arizona鈥檚 GDP annually, along with $9.1 million in income and sales taxes for state and local governments.

Shrinking transportation鈥檚 carbon footprint

Arizona Hydrogen鈥檚 strategic focus on green hydrogen production aligns with efforts to decarbonize the heavy-duty transportation sector. The facility aims to produce up to 11,000 tons of liquid green hydrogen annually, making significant strides in reducing emissions in the mobility sector.

Governor Stephen Roe Lewis of the Gila River Indian Community and Buckeye Mayor Eric Orsborn expressed enthusiasm for the project鈥檚 potential impact on sustainability and economic growth in Arizona.

鈥淚n recognizing and honoring the traditional lands of the Akimel O鈥檕tham and Pee Posh people, we have a profound connection and shared responsibility as stewards of the earth. Companies like Fortescue are helping to pave the way for a more sustainable and equitable future for our generations to come,鈥� Lewis said.

鈥淏uckeye is happy to welcome Arizona Hydrogen to the Sustainable Valley. Fortescue鈥檚 investment in our community helps Buckeye, and the entire state of Arizona, continue to grow efficiently and sustainably for generations to come,鈥� Orsborn said.

Sandra Watson, president and CEO of the Arizona Commerce Authority, echoed these sentiments, highlighting Arizona Hydrogen鈥檚 role in strengthening Arizona鈥檚 position as a national leader in sustainability and clean energy technologies

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This opinion column by Arizona Chamber of Commerce & Industry President and CEO Danny Seiden originally in The Arizona Capitol Times. 

In their memoir , Milton and Rose Friedman wrote that property rights 鈥渁re the鈥痬ost basic of human rights and an essential foundation for other human rights.鈥�

That鈥檚 a good framing to consider the state of property rights in Arizona and how leaders like Maricopa County Attorney Rachel Mitchell are doing in upholding this 鈥渆ssential foundation.鈥�

Here are a few points on why I believe Mitchell deserves high marks on her private property scorecard:

Organized retail theft

Shoplifting, or shrinkage in retail industry parlance, has always been a source of worry for retailers.

But today鈥檚 thieves are cannier than ever, often part of sophisticated organized retail crime rings that steal merchandise to be resold.

Since early in her term as county attorney, Mitchell has made cracking down on organized retail crime a top priority. She has assembled a task force that includes private sector members, launched a safe shopping campaign during the holiday season, and hasn鈥檛 gone soft on pursuing tough sentences for convicted thieves.

Not everyone in her position has adopted a similar strategy.

After San Francisco Mayor London Breed help from her city鈥檚 board of supervisors in combating a soaring property crime rate, District Attorney Chesa Boudin downplayed the progressive policies that contributed to rising crime, casting blame toward the reforms he supported was 鈥渕isguided鈥� and that we instead should examine the 鈥渞oot causes of crime,鈥� ticking off areas where the social safety net has too many holes.

Voters weren鈥檛 having it. They him from office in June 2022.

Mitchell鈥檚 crackdown on organized retail crime rings sends a powerful message, and the right one 鈥� justice will be served, and criminals will be held accountable for their actions. You won鈥檛 find San Francisco-style criminal justice policies in Maricopa County.

The dinnertime burglars

In January, the Scottsdale Police Department announced that in a less-than-three-month span it had received more than 20 calls about burglaries that had occurred during the dinner hour, especially at homes that abut golf courses or greenbelts. Jewelry was often the target of break-ins.

Phoenix police in February arrested three suspects. The investigation has revealed that this was hardly a group of small time bandits. The thieves had ties to a South American crime ring, had been connected to more than 100 burglaries in the Valley, and had been responsible for the theft of more than $3 million in goods. They were all from Chile but were carrying fake Spanish IDs.

The bad guys weren鈥檛 just slipping in through an unlocked door. They had high-tech equipment to jam alarm systems, and tools to cleanly punch through windows and pick locks.

Mitchell gave the case the attention it deserved. Working with Scottsdale and Phoenix PDs, the investigation expanded to six suspects being charged, one of whom has been involved in similar burglaries in Nevada and California. They鈥檝e all been charged with a series of felonies and are being held on cash-only bonds.

So, why does the business community care about how and whether the county attorney pursues prosecutions for property crimes?

Beyond retailers wanting to protect their inventories or businesses wanting to protect their premises, the ability to own, use, and dispose of property as one sees fit is essential for innovation, investment, and societal progress. Without strong protections for property owners, we risk stifling entrepreneurship and discouraging individuals from investing in their communities.

Don鈥檛 buy the argument from Mitchell鈥檚 critics that stringent property laws disproportionately affect marginalized communities. Strong property rights benefit everyone, regardless of socio-economic status. They provide individuals with a sense of security and empowerment, enabling them to build wealth and achieve upward mobility.

When prosecutors look the other way on property crime, it just encourages more crime and of increasing severity, including squatting, which is its own magnet for drug use and other illicit behavior.

Like we saw in San Francisco, policymakers will find out that a lackadaisical approach to protecting private property will have political consequences. Voters in Arizona will decide in November whether property owners should be able to recoup at least a portion of any expenses that result from a city鈥檚 failure to control a public nuisance that infringes on their property rights.

Ultimately, the strength of a society is measured by its respect for individual rights and the rule of law. By safeguarding private property rights and holding criminals accountable, Rachel Mitchell is not only protecting our homes and businesses but is also preserving the principles upon which our nation was founded.

Danny Seiden is president and CEO of the Arizona Chamber of Commerce & Industry.

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This opinion column by Arizona Chamber of Commerce & Industry President and CEO Danny Seiden originally in The Phoenix Business Journal. 

As an Arizona sports fan, I can鈥檛 help but lament that in , we鈥檝e lost our place among the handful of markets that could claim a franchise in the highest levels of football, baseball, basketball, and hockey. There was a sense of civic pride 鈥� at least for those of us who care about sports 鈥� for being part of such an exclusive club.  

As the leader of a business organization, I鈥檓 disappointed about the loss of a prominent business. We don鈥檛 often think of our sports franchises when we think of leading job creators, but we should.  

Not only do our teams employ well-compensated athletes and front office staff, but they鈥檙e also the enterprises behind stadium and arena workers鈥� jobs. They add to concessionaire and restaurateurs鈥� bottom line. They move merchandise for our retailers. Maybe most of all, they鈥檙e an integral part of the state鈥檚 brand beyond our borders. 

When your team is on national TV 鈥� like the , or the Suns in the playoffs 鈥� it鈥檚 publicity that even the best tourism marketing campaign can鈥檛 buy. 

Few markets have as much to offer as Phoenix and all of Arizona.  

We have outstanding MLB, NFL, and NBA franchises that are contributing to the Valley and state鈥檚 economic health. Consider the new multimillion-dollar Suns practice facility and the Mercury鈥檚 new , also home to the teams鈥� new offices.  

We鈥檝e rightly earned a sterling reputation for hosting mega events like Super Bowls, college football bowl games, World Baseball Classics, All-Star games, two NASCAR weekends and, as we proved earlier this month, . The Footprint Center will host the women鈥檚 edition in 2026. This summer, Phoenix is home to the WNBA All-Star Game, and will host the NBA All-Star Game in 2027.  

All of that鈥檚 on top of our annual Cactus League that welcomes fans from all over the country to 10 modern stadiums all within a 45-minute drive of one another, and signature PGA Tour and PGA Champions Tour events like the WM Phoenix Open and the Charles Schwab Cup Championship.  

It all adds up to hundreds of millions of dollars in positive economic impact and created by sports and sports tourism. 

Arizona has been on the receiving end of teams that relocated. Now we鈥檙e the ones saying goodbye. Some markets have gotten a team back. The NHL returned to Winnipeg, for example, after shipping the Jets to Phoenix in 1996, but another market 鈥� Atlanta 鈥� lost a team for that to happen. Other markets haven鈥檛 been so lucky, just ask fans of the Hartford Whalers or Quebec Nordiques. Does anyone think the NFL will return to St. Louis?  

Don’t let the D-backs slip away

To ensure we don鈥檛 find ourselves in this predicament again, there are a few things that we as a business community need to commit to doing: 

It鈥檚 not a guarantee, but I鈥檓 going to assume that the hockey ownership group will win the auction in June for the land where it wants to put a new arena. Once that鈥檚 done, the cooperation from the city of Phoenix must be seamless. We can鈥檛 afford to slow-walk permits or bog the project down with needless studies and analyses. Where there鈥檚 red tape, it has to be cut. 

Take nothing for granted. We鈥檝e lost a franchise. Don鈥檛 think it can鈥檛 happen again. Just ask Oakland and San Diego what happens when teams start looking for the exit. It鈥檚 demoralizing and leagues get skittish about placing another team in a soft market.

With that in mind, let鈥檚 get serious about finding a solution for the Diamondbacks, whose . Whether it鈥檚 a modernization of the downtown ballpark or a new home, we can鈥檛 let them leave. Let鈥檚 not delude ourselves into thinking Salt Lake couldn鈥檛 pick our pocket again.

The D-backs are the type of corporate citizens other communities would welcome with open arms. Who wouldn鈥檛 want a business responsible for contributing more than $85 million to charitable partners and whose most recent post-season success generated more than $100 million in positive economic activity?  

Maricopa County voters in 2000 passed Proposition 302, which established the mechanism that allowed State Farm Stadium to get built and maintained. We should at least consider the best model for a stadium solution for the Diamondbacks. 

Lawmakers and the governor should commit to recapitalizing the mega events fund, the account that helps host committees put together the bid packages to lure big events like Super Bowls and college championships.  

Our sports franchises are important members of the Arizona business community and an immense point of pride. Let鈥檚 resolve to secure another NHL club and ensure that our current teams know they鈥檙e welcome and valued.

Danny Seiden is president and CEO of the Arizona Chamber of Commerce & Industry.

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Sixteen Arizona middle-schoolers on Friday took center stage at the Arizona competition of the National Civics Bee, showing off not only their knowledge of American civics, but also their creative ideas for tackling some of their communities鈥� most pressing challenges.

Held at the Flinn Foundation in central Phoenix, the event was a collaboration of the Arizona Chamber Foundation and the U.S. Chamber Foundation.

Arizona a leader in civics education 

Danny Seiden, president and CEO of the Arizona Chamber of Commerce & Industry, spoke of Arizona鈥檚 distinction as the first state in the country to mandate a civics exam for high school graduation and shared his belief in the critical role of civic education. 

Participants were selected by their local chambers of commerce in Gilbert, Queen Creek, Tucson, and Yuma County.

鈥淎s chamber leaders, together with our member businesses, we are committed to helping Arizona remain a terrific place not just to do business but to live and raise a family.鈥� Seiden said. 鈥淭his competition gives all businesses a way to show their support for civic education and help inspire a new generation of civic leaders in Arizona.鈥� 

鈥淎merica鈥檚 democracy depends on informed, active citizen participation. The National Civics Bee is a way to ensure a high-quality, non-partisan learning and civic engagement experience for students,鈥� Arizona Chamber Foundation President and CEO Eileen Klein said. 鈥淎nd it鈥檚 a way to help elevate the importance of civic education statewide.鈥�

The event 

The event began with two rounds of multiple-choice questions that tested the depth of the students鈥� knowledge on topics ranging from each branch of government鈥檚 unique role, important Supreme Court decisions, the Federalist Papers, the Constitution, and more.

In the final round, five finalists presented to an all-star panel of judges a short proposal to solve an issue facing their community.

A gubernatorial proclamation

Emcee Kim Covington, the vice president for community initiatives at the Arizona Community Foundation, read a proclamation from Gov. Katie Hobbs, which said, in part, that 鈥渃ivics education is essential to prepare students with the knowledge and skills to participate as informed members of their communities.鈥�

The governor declared May 3, 2024 as Civics Bee in Arizona Day.

The judges

• State Supreme Court Justice Kathryn King
• State Rep. Jennifer Pawlik (LD-13)
• Liam Julian, Director of Public Policy for the Sandra Day O’Connor Institute for American Democracy
• Nicole Bidwill, Vice President, Arizona Cardinals
• Dawn Wallace, Vice President for Civic Leadership, Flinn Foundation

The winner

Aiden Barraza, from Saint Francis Xavier, will represent Arizona at the National Civics Bee competition in Washington, D.C. this fall. 

For winning the Arizona competition, Aiden not only earned a spot in the national competition but also walked away with a $1,000 prize.

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A new white from autonomous technology firm Aurora Innovation examines how the cutting edge innovation could reshape the trucking industry and positively affect energy efficiency. 

By using fuel sources more efficiently, autonomous technology could reduce greenhouse gas emissions and improve air quality. The paper looks at the factors influencing energy usage and delves into the specific opportunities and obstacles for autonomous trucking, and it introduces an integrated model for estimating the potential energy savings of a standard over-the-road tractor-trailer in the United States.

The potential benefits

• Autonomous trucks, exempt from hours-of-service regulations, diminish the need to drive at high speeds for quicker arrivals. Consequently, driving at lower speeds reduces fuel consumption per mile. Adopting Aurora鈥檚 strategy of maintaining a speed of 65 mph rather than 70-75 mph could potentially decrease highway fuel usage by 9%-17%.

• Trucks frequently use fuel while idling during driver breaks for rest, meals, or downtime between hauls, accounting for 4%-9% of fuel consumption. Although autonomous trucks cannot eradicate idling entirely, they could optimize driving time more effectively.

• A large amount of energy is expended due to ineffective acceleration and braking. Autonomous trucks have the capacity for eco-driving, which involves strategically optimizing acceleration, braking, and coasting to enhance energy efficiency and lower fuel consumption. Referencing a study highlighted in the white paper, it was discovered that implementing more strategic coasting could result in fuel savings of up to 9.5%.

• Autonomous trucks have the capability to operate almost continuously throughout the day, allowing them to transition more freight transportation to off-peak hours. This shift not only lowers the fuel consumption of autonomous trucks by reducing time spent in traffic but also aids in alleviating congestion and decreasing fuel usage for other vehicles.

Furthermore, the white paper also suggests that the adoption of autonomous trucks could pave the way for accelerated adoption of next-generation powertrains. 

鈥淎s autonomous trucks make hauling freight safer, we have a responsibility to make logistics more sustainable as well. Self-driving technology can fight climate change by increasing energy efficiency and reducing emissions in the supply chain,鈥� paper author Garrett Bray said.

The view from Arizona

Arizona has become a hub for the testing of autonomous passenger and heavy-duty vehicles, which the head of the Arizona Manufacturers Council said enhances the state鈥檚 competitive standing for advanced manufacturing.

鈥淎rizona is a leader in the research, development, and manufacture of next generation automotives, whether they鈥檙e autonomous, electric, or alternative fuel,鈥� AMC Executive Director Grace Appelbe said. 鈥淭he innovations in the heavy-duty truck space are especially exciting because they not only attract new job-creating talent to Arizona, but they also are likely to have an immediate positive effect on our supply chain and logistics sector, which further enhances the state鈥檚 economic competitiveness.鈥�

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BASIS-Peoria was rated the nation鈥檚 #1 public high school, and a dozen Arizona schools scored among the country鈥檚 100 best, according to.

Among all states, Arizona and Florida tied for the most public high schools ranked among the Top 100 nationally.

鈥淭his independent analysis by U.S. News & World Report confirms what we already knew: Arizona has some of the best public schools in the country,鈥� Jake Logan, President & CEO of the Arizona Charter Schools Association, said in a statement. 鈥淲e congratulate BASIS and each of Arizona鈥檚 outstanding public charter and district schools for getting the recognition they deserve. This is truly a testament to Arizona鈥檚 excellent teachers and school leaders.鈥�

The highly-anticipated U.S. News rankings are released annually and include a review of approximately 25,000 public high schools across all 50 states. graduation rate, curriculum, test performance, college readiness, academic achievement by low-income students and students of color, and other factors.

The BASIS charter network had 10 schools that rated among the nation鈥檚 100 best. University High School, in Tucson, was Arizona鈥檚 highest-ranked district school and was rated #81 nationally.Public charter schools accounted for, according to the rankings.

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The Phoenix Airport system has a positive economic impact of more than $44 billion per year according to from the W.P. Carey School of Business at Arizona State University. 

The system, which in addition to Phoenix Sky Harbor includes airports in Deer Valley and Goodyear, supports more 246,000 direct and indirect jobs with a payroll of nearly $15 billion annually. 

The study captured data from 2022, when domestic and international travel was still very much in pandemic recovery, and yet the study shows upticks in economic output, worker wages, and visitor spending compared to a previous study in 2016. 

By the numbers 

• Visitor spending: increased 12% from 2016 to 2022, or $5.8 billion to $6.5 billion.
• Spending by domestic visitors: An estimated $831 per visitor per trip.
• Spending by international visitors: $1,002 per visitor per trip.
• Jobs at Sky Harbor: More than 47,000
• Domestic destinations from Sky Harbor: More than 120.
• International destinations from Sky Harbor: 25.

From the Mayor鈥檚 Office 

鈥淭he Phoenix Airport System is a critical asset to our community and state, and this new study underscores how vital it is to our economy,” Phoenix Mayor Kate Gallego said. 鈥淧hoenix is thriving in no small part thanks to our airports, and our continued investment in them creates jobs, supports both local and global businesses, connects Phoenicians to worldwide opportunities, and leaves visitors with a desire to come back to the Valley.鈥� 

From the business community 

• 鈥淎rizona has all the bragging rights when it comes to its flagship international airport,鈥� Arizona Chamber of Commerce & Industry president and CEO Danny Seiden said. 鈥淚t鈥檚 modern, convenient, affordable, and offers destinations across the country and around the globe. Sky Harbor and the Phoenix Airport system is an indispensable part of the Arizona economy.鈥� 

• 鈥淎s frequent travelers know, we鈥檙e so fortunate to call Phoenix Sky Harbor International our home airport. But we鈥檙e not the only ones who think so,鈥� Arizona Lodging and Tourism Association President and CEO Kim Sabow said. 鈥淚n The Wall Street Journal鈥檚 of best airports, Sky Harbor landed in the no. 1 slot, and for good reason. With comparatively few delays, great service and amenities, and plenty of destinations, what鈥檚 not to like?鈥� 

Bright horizons ahead 

• During her State of the City address last week, Gallego said Phoenix is in the planning stages for a brand-new terminal.
  
• In May, a new nonstop flight between Paris and Phoenix will join London and Frankfurt among the nonstop routes to Europe.

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The Federal Trade Commission on Tuesday voted to ban noncompete agreements. The ban would prohibit new noncompete agreements for every employee and mandate that companies inform both current and former staff that they won鈥檛 be enforcing such agreements. Additionally, businesses will be obligated to revoke existing noncompete agreements for the majority of their employees. Senior level executives鈥� agreements, however, may remain intact. 

The FTC view

Commission members backing the ban argue that noncompete agreements are unfair for workers. 

鈥淚t is so profoundly unfree and unfair for people to be stuck in jobs they want to leave, not because they lacked better alternatives, but because noncompetes preclude another firm from fairly competing for their labor,鈥� FTC Commissioner Rebecca Slaughter (D) said. 

The chairwoman of the FTC argued that the ban will foster new business formation.

鈥淣oncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from the more than 8,500 new startups that would be created a year once noncompetes are banned,鈥� said FTC Chair Lina M. Khan. 鈥淭he FTC鈥檚 final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market.鈥�

Businesses strongly disagree

Business groups blasted the rule, arguing that noncompetes are important to the protection of intellectual property and that the FTC lacks the authority even to issue such a ban. 

Bills have been introduced in Congress to reform noncompete agreements, but no authority has been explicitly granted to the FTC. 

Suzanne Clark, president and CEO of the U.S. Chamber of Commerce said that the ban is 鈥渁 blatant power grab that will undermine American businesses鈥� ability to remain competitive.鈥�

Melissa Holyoak and Andrew Ferguson, two of the agency鈥檚 Republican commissioners, echoed these sentiments. 

鈥淲e are not a legislature,鈥� Ferguson . 鈥淚 do not believe we have the power to nullify tens of millions of existing contracts.”

In a press release from the National Association of Manufacturers, the organization that the ban is 鈥淯nprecedented and threatens manufacturers鈥� ability to attract and retain talent. In addition, today鈥檚 action puts at risk the security of intellectual property and trade secrets 鈥� anathema to an industry that accounts for 53% of all private-sector R&D.鈥� 

The Arizona Chamber of Commerce & Industry called it 鈥渇ederal overreach at its finest.鈥�

Read more

Arizona Chamber President and CEO Danny Seiden in a column last year when the ban was originally floated by the FTC, said, 鈥淭he proposed rule stretches the agency鈥檚 mission to the point of absurdity and seeks to unilaterally reinterpret the section of the Federal Trade Commission Act on 鈥榰nfair methods of competition,鈥� never mind what the pesky legislative branch or the 50 states might have to say on the subject.鈥�

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A bipartisan coalition of Western state governors is seeking greater flexibility from the Biden administration in achieving the strict ozone standards in the Clean Air Act. 

In a letter from Arizona Gov. Katie Hobbs (D), Colorado Gov. Jared Polis (D), Utah Gov. Spencer Cox (R), and Wyoming Gov. Mark Gordon (R), the governors cite 鈥渟ubstantial regionally specific challenges鈥� in meeting the law鈥檚 requirements, and say that they are 鈥渁larmed about the possible sanctioning of states that struggle to attain the standard.鈥澛�

The challenges 

The governors in their letter cite specific challenges borne by Western states in achieving the ozone standards:

• Elevated natural background ozone levels
• Biogenic contributors
•  Internationally transported pollution
•  Fast-growing populations
•  Wildfires

Mobile sources, which are under federal regulatory jurisdiction, thus limiting states鈥� regulatory authority. 

鈥淒espite ongoing work by Western states to improve air quality, including through accelerating the adoption of low and non-emitting vehicle technology, improvements in the use of small off-road engines, and the implementation of innovative programs to control emissions from stationary sources, these regional challenges leave Western states with a narrow set of tools and a difficult path to meeting the requirements of the CAA and attaining the NAAQS.鈥� 

NAAQS refers to the National Ambient Air Quality Standard. 

Potential sanctions undermine stated goals 

Failure to meet the standards could result in a loss of federal highway dollars. 

Losing out on highway dollars would undermine the goals of the Clean Air Act by halting projects that could reduce emissions and would undermine the goals of the Inflation Reduction Act and the bipartisan infrastructure law to modernize highway infrastructure to reduce congestion, which contributes to emissions. 

Potential solutions 

Among several potential solutions offered in their letter, the governors proposed: 

• Greater cooperation between the EPA and Western states to identify how the Exceptional Events framework can reflect increased wildfire activity, 鈥渁nd provide more consideration for the emissions benefits of wildfire mitigation strategies in reducing air pollution in the West and nationally鈥�; and
• Cooperation between the federal government and states to achieve a better process for the approval of projects with air quality benefits. 

Business community: Jobs at stake 

The National Association of Manufacturers last year said proposed EPA revisions to the NAAQs

would put at risk more than 300,000 manufacturing jobs nationally and would put more than a half-million jobs in a nonattainment zone by 2027. 

Last year, Danny Seiden, the president and CEO of the Arizona Chamber of Commerce & Industry, said before a joint legislative committee on air quality that the challenge of pollution originating in other states and countries was particularly vexing. 

鈥淲e are being punished for what other states and other countries are doing,鈥� he said. 

More Seiden: Stringent air quality rule will hurt our economic recovery and growth

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