Kelly & Sinema Statements on EPA’s Proposed Conditional Approval of New Rule Allowing for Streamlined Permitting of New Manufacturing Facilities and Improved Air Quality in Maricopa County  

EPA’s proposed conditional approval of Maricopa County’s Rule 205 enables new manufacturing facilities, like semiconductor fabs, to obtain permits faster while reducing pollution in Maricopa County  

Arizona Senators Mark Kelly and Kyrsten Sinema released the following statements on the Environmental Protection Agency’s (EPA) proposed rulemaking to conditionally approve Maricopa County’s Rule 205—a new permitting reform rule that facilitates economic growth in Arizona. This rule allows industries, such as semiconductor manufacturing, more flexibility in offsetting emissions as required by the Clean Air Act by allowing them to replace or retrofit fleet vehicles with lower-emitting vehicles.. This is an essential first step in providing a clear path forward to help new manufacturers break ground on facilities while reducing pollution in Maricopa County. 

“This conditional approval is important progress for Arizona’s growing clean energy manufacturing industry and our environment,” said Kelly. “By allowing for more flexible solutions to reduce emissions, we can keep creating great-paying jobs while also improving air quality in the Phoenix area.” 

“EPA’s proposed conditional approval of Rule 205 represents a productive step toward protecting our air quality while supporting semiconductor production in Arizona—creating strong careers and strengthening our state’s leadership in the industries of the future,” said Sinema

The EPA’s proposed rulemaking to conditionally approve Rule 205 follows Kelly and Sinema’s efforts to urge the EPA to work in partnership with Arizona stakeholders to adopt solutions that improve air quality while supporting Arizona’s role as a hub for key industries of the future, including microchip manufacturing, battery production, and electric vehicle production. 

Rule 205 would authorize the generation of Mobile Emission Reduction Credits (ERCs), which could be obtained by retrofitting diesel or gasoline-powered vehicles to electric vehicles or lower-emitting vehicles. Establishing a process for generating new ERCs will provide Arizona companies the opportunity to offset any new emissions created through industrial expansion while reducing harmful emissions. 

Earlier this year, Kelly and Sinema urged EPA’s Assistant Administrator for the Office of Air and Radiation, Joseph Goffman, to visit Arizona and encouraged the EPA to approve Rule 205, provide a path forward for additional proposals to create emission reduction credits, streamline the Exceptional Events process, improve processes for air quality modeling, and more. Goffman had a productive visit to Arizona and met with leaders and stakeholders to discuss how the Phoenix region is a growing hub for future industries—including microchip manufacturing and electric vehicle production. These industries play an important role in national efforts to support a transition to clean energy, reduce reliance on overseas manufacturing, and enhance American national security while creating strong careers for Arizonans. 

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