Sen. John Curtis wants the federal government to recognize that they need to be more flexible on regulations on Utah’s air quality.

“Utah’s unique geography and natural phenomenon require a nuanced approach,” said Curtis.

“Approximately 80% of our ozone comes from ozone emitting from the Earth’s surfaces or from outside of the region. And as Utahns, that means we only control 20% of the ozone in the area,” he noted during the Senate Environment and Public Works Committee confirmation hearings. The committee was considering the nominations of David Fotouhi to be deputy administrator of the Environmental Protection Agency and Aaron Szabo to be assistant administrator for the EPA Office of Air and Radiation.

Utah’s elected officials and leaders have committed to improving air quality, and the state is seeing positive results, said Curtis. He added that the “great investments in new technology to improve our air” have also served the state well, as have the Trump administration’s commitment to bringing relief.

“Utah’s Uinta Basin faces similar challenges. Oil and gas production in the region, where we provide affordable, reliable, and clean energy, are burdened by EPA standards, and don’t account for this unique geography that we have in Utah,” he said.

As the Deseret News previously reported, a 2015 revision to the National Ambient Air Quality Standards, established by the EPA under the Clean Air Act, lowered the federal threshold for ozone concentrations from 75 parts per billion to 70 ppb, designating areas above that level as “nonattainment” areas. Utah did not meet these standards.

Curtis receives commitments from EPA nominees to address Utah air quality challenges

Despite the progress, Curtis expressed frustration with the Biden White House EPA’s decision to reverse course.

On Dec. 9, 2024, the EPA designated the Northern Wasatch Front and the Uinta Basin as nonattainment areas that did not meet the federal air quality standards.

This type of designation requires state and local governments to develop and implement plans to comply with federal law. It means stricter regulations on industries, vehicle emissions and energy efficiency.

This had a significant economic impact on Utah, Curtis said.

He indicated his concerns about small energy producers in the Uinta Basin struggling to comply with methane regulations due to financial constraints and advocated for a more outcome-based approach to EPA regulation.

He asked Fotouhi and Szabo for a commitment: “Can we count on this flexibility and working with regional administrators to follow their lead in dealing with these tough issues?”

Both the nominees promised to work with the Beehive State to resolve these issues.

Curtis also noted small energy producers in Utah “really struggle to meet the methane regulations.”

“Not out of will, but just simply out of resources,” he said. “And, we find that EPA sometimes has been overly restrictive in how they fix the problem, rather than kind of defining what they want fixed and letting people get there through using different types of technologies.”

The nominees, offered their commitment again to work with regional administrators and avoid prescriptive regulation.