Sunday, January 02, 2011

The Arizona Legislature Finds That It Isn't So Easy To Thumb Its Nose At The Feds...Again

Perhaps not having learned its lesson from the SB1070 debacle (getting smacked down by a federal judge), the lege overreached again when it passed HB2442 (signed into law 4/26/2010), barring any state agency from developing or adopting measures to control the emission of greenhouse gases.

Turns out tha the Enviromental Protection Agency (EPA) isn't subject to the fiat of the Arizona Legislature, and was prepared to "cut out the middle man," aka the Arizona Department of Enviromental Quality (ADEQ).  The State of Arizona, seeing the likelihood of unfettered direct oversight of individual projects by the EPA, especially significant in rural Arizona, blinked.

From the Arizona Republic, written by Shaun McKinnon -
The U.S. Environmental Protection Agency will directly enforce new greenhouse-gas rules in parts of Arizona after the state refused to submit its own program for controlling the pollutants.

The new rules, which take effect today, add greenhouse gases to the list of pollutants covered under air-quality permits and will eventually require the largest polluters, mainly industrial operations, to reduce emissions.

Arizona accused the EPA of overstepping its authority in regulating greenhouse gases and said the state would not spend its limited resources on rules that run counter to state policy and might not survive challenges in Congress and the courts.

But the state reluctantly agreed to let the EPA impose the federal plan for now because, had the state balked, the EPA could have blocked construction or expansion of projects that need the air permits, including future power plants.


Some states, including Arizona, will likely continue to oppose the EPA's role in regulating greenhouse gases but will allow the federal agency to enforce the rules to preserve the economic value of projects that need permits, [Executive director of the Washington-based National Association of Clean Air Agencies Bill] Becker said.
Look for something from the incoming legislature to attempt to short stop this move.  Not sure what will work, though.


Thane Eichenauer said...

It is Texas and Arizona against the feds when it comes to rejecting executive power overreach. From what Investors Business Daily lays out there are six other states who apparently aren't toeing the line either.

We will see what happens.

Norma said...

The state went along with the federal plan for controlling the emission of green house emissions. If the state balked the EPA could have blocked construction or expansion of projects. Given today's tight economy, it is a relief to see any type of construction projects actually happening. Especially, since it seems as if the Construction projects in Arizona are few and far between. I was so happy when I found Dodge Projects because they actually offer detailed leads for work, by state or by niche. They have really made the job search much easier for me and have really set me on the right path. They are definitely worth checking out.

cpmaz said...

The above comment is spam, but I'm leaving it up because the writer actually tailored it to the content of the post it is attached to.