Following visit to Arizona, EPA administrator rescinds guidance that jeopardized economic development

During a visit to Utah, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency’s decision to rescind its prior Guidance on the Preparation of Clean Air Act Section (CAA) 179B Demonstrations for Nonattainment Areas Affected by International Transport of Emissions.

The withdrawn guidance had been criticized by state business leaders and local governments for making it overly burdensome for states to prove that air pollution originating from outside the United States was contributing to local air quality problems. With the guidance no longer in effect, the EPA plans to partner with state and local air agencies to help develop the evidence needed to grant regulatory relief under Section 179B of the Clean Air Act.

“This is the right move by the EPA. It delivers regulatory certainty and ensures that areas like Maricopa County can continue to grow economically,” Arizona Chamber of Commerce & Industry President and CEO Danny Seiden said. “Sanctions shouldn’t be slapped on entire regions for air quality problems that are completely beyond their control. Arizona job creators appreciate EPA and Administrator Zeldin’s willingness to work with the business community to find common ground.”

This move follows Administrator Zeldin’s recent trip to Arizona, where concerns about cross-border pollution were raised as a top priority by both local government leaders and the business community. In response, the agency has also removed the guidance from its website to prevent further confusion.

In a related development, the EPA agreed on March 5, 2025, to reconsider its earlier finding that Utah’s Northern Wasatch Front failed to attain the 2015 Ozone National Ambient Air Quality Standards by the deadline, a decision that had led to the area’s reclassification from “Moderate” to “Serious” nonattainment. The reconsideration will include a fresh review of Utah’s claims about the impact of international air emissions on its air quality.

“Americans should not be harmed by other countries that do not have the same environmental standards we have in the United States,” said Administrator Zeldin. “Today’s announcement is a step in the right direction. Not only are we eliminating cumbersome red tape that placed excessive burden on states to prove emissions were from an international source, but we are also helping states across our nation prosper while ensuring they continue to provide clean air for their residents.”

The announcement is part of Administrator Zeldin’s broader Powering the Great American Comeback initiative, which emphasizes cooperative federalism and a renewed commitment to working collaboratively with states to fulfill environmental goals.