# r ARlZONA STATE L1BRARY 

# W ests ARCHl JES A PUBliC RECaRDS ivQV 2012 

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REVISED STATUTES

2012-2013 CC'MPA.CT EDITIC)N

REVISED STATCJTES Sections 44--101 to 49=End

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### Jr;N V.l R U11IlV! E N'4' 1720



### § 49-3910 Local enforcement of water pre• treatment requirements; civil'penalties A. A city, town, county or sanitary district of this state may adopt, amend or repeal any ordi= nances necessary for iniplementing and enforcing the pretreatment requirements under the federal water pollution control act amendments of 1972 (P.L. 92-500; 86 Stat. 816; 33 United States Code §§ 1251 through 1376), as amended, and, enforce the ordinances by imposing and recovering a civilpenalty of not more than twenty-five thousand dollars for each violation as prescribed by this section. For continuing violations, each day may constitute a separate offense. B. A city, town, county or sanitar,y district shall not receive civil penalties under this section if an interested person, the United States, this state, or another city, town, county or sanitary district has received civil penalties 

### or is diligently prosecuting a civil penalty action in a court of the United States or this state, or in an administrative enforcement proceed'zng, with respect to the same allegations, standard, requirement, or order. This state, and any city, town, county or sanitary district of this state that is or may be affected by a civil, judicial or administrative action, may intervene as a matter of right in any pending civil, judicial or administrativeaction for purposes of obtaining injunctive or declaratory relief. C. The city, town, county or sanitary districtmay seek compliance with pretreatment ordinances and recovery of the civil penalties provided by this section either by an action in superior court or by a negotiated settlement agreement. Before aconsent decree filed with.superior court or a negotiated settlement becomes final, the city, town, county or sanitary district seeking compliance shall provide a period of thirty days for public comment, In determining the amount of a civil penalty the court and the city, town, county or sanitary district shall consider: 1'. The seriousness of the violation.
2. The economic benefit, if any, resulting from the violation.
3. Any history of such v,iolation.
4. Any good faith efforts to comply with the applicable requirements. S. The economic impact o£ the perialty on the violator. 6. Such other factors as justice may require.
D. In addition to the remedies provided in thissection, enforcernent of such ordinances may include ir&nctive or other equitable relief.
E. All monies collected pursuant to an ordinance adopted under this sectipn shall be deposited with the respective city, town, county or sanitary district. Added by Laws 1990, 

### Ch. 300, § 1. Amended by Laws 1993, Ch. 46, § 1.



### CHAI'7CER 3 AIR QUAILITY

ARTICLE 1. GENERAL PROVISIONS Section 49-401. 

### Declaration of policy. 49-401.01. 

### Definitions. 49-401:01. 

### Definitions. 49-402. 

### State and county control. 49-403. 

### General permits and individual permits; issuance; definition. 49-404. 

### State implementation plan. 49-405. 

### Attainment area designations. 49-406. 

### Nonattainment area plan. 49-407. 

### Private right of action; citizen suits. 49-408. 

### Air quality conformity; definition. 49-409. 

### Chlorofluorocarbons; permitted use; retaliation prohibited. 49-410. 

### Arizona emissions bank; program termination. 49-411. 

### Particulate measures; cities, towns, counties, departments; implementation; report. 49-411.01. 

### Renumbered. 49-412. 

### Alternative fuel delivery systems; standardized waivers. Section 49-413. 

### Clean burning alternative fuels; public refueling. 49-414. 

### Renumbered. 49-414.01. 

### Renumbered.

ARTICLE 2.. STATE AIR POLI.UTION CONTROL 49-421. 

### Definitions. 49-422. 

### Powers and duties. 49-423. 

### Repealed. 49-424. 

### Duties of department. 49-425. 

### Rules; hearing. 49-426. 

### Permits; duties of director; exceptions; applications; objections; fees. 49-426.01. 

### Permits; changes within a source; revisions. 49-426.02. 

### Permit shield. 49-426.03. 

### Enforcement of federal hazardous air pollutant program; definitions. 49-426.04. 

### State list of hazardous air pollutants. 49-426.05. 

### Designation of sources of hazardous air pollutants.

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prevention, control and abatement of air pollution.Additional standards shall be established for particulate matter emissions, sulfur dioxide einissions, and other air contaminant emissions. determined tobe necessary and feasible for the prevention, control and abatement of air pollution. In fixing such ambient air quality standards, emission standards or standards of performance, the director shall giveconsideration but shall not be limited to the relevant factors prescribed by the clean air act. B. No rule may be enacted or amended except after the director first holds a public hearing after twenty days' notice of such hearing. The proposed rule, or any proposed amendment of a rule, shall be made available to the public at the time of notice of such hearing. C. The department shall enforce the rules adopted by the director. D. All rules enacted pursuant to this sectionshall be made available to the public at a reasonable charge upon request. Added as § 36--1707 by Laws 1967, Ch. 2, § 9. Amended by Laws 1969, Ch. 53, § 18; Laws 1970, Ch. 164, § 29, eff. May 18, 1970; Laws 1973, Ch. 158, § 202; Laws 1978, Ch. 201, § 656, eff. Oct. 1, 1978; Laws 1980, Ch. 69, § i. Renuinbered as § 49-425 and amended by Laws 1986, Ch. 368, §§ 37,. subsec. C, 78, eff. 7uly 1, 1987. Amended by Laws 1992, Ch. 299, § il.


### § 49-426< I'ermits; duties of director; exceptions; applications; objections; fees A. A permit shall: 1. Be issued by the director in compliance with the terms of this section. 2. Be required for any person seeking a compli### ance extension pursuant to § 49-426:03, subsection B, paragraph 3 and § 112(a)(5) of the clean airact I and for any person beginning actual construction of or operating any source, except as prescribed in subsection B of this section or § 49-426.01. 

### B. The provisions of this section shall not applyto motor vehicles, to agricultural vehicles or agricultural equipment used in normal farm operations, or to fuel burning equipment which, at a location or property other than a one or two family residence, is rated at less than one million British thermal units per hour. The director may establish by rule additional sources or classifications of sources for which a permit is not required and pollutant-emitting activities and emissions units atpermitted sources that are not required to be included in the permit. The director shall not adopt such rules unless the director makes a written fxnding with supporting facts that the exempted 1 ' 1 40


### source, class of sources, pollutant-emitting activities or emissions units will have an insignificant adverse impact ,on air quality. In adopting these rules, the director may consider any rule that is adopted by the administrator pursuant to § 502 of the clean air act x and that exempts one or more source categories from the requirement to obtain a permit under title V of the clean air act. 3 C. Every application for a permit shall be filed in the manner and form prescribed by the director, and shall contain all the information necessary to enable the director to make the determination to grant or deny such application. The director sha11establish by rule requirements £or permit applications, including the standard application form for title V sources. The director shall establish by rule requirements for applications for general permits. An application for a permit issued pizrsuant to title V of the clean air act shall include a compliance plan,that describes how the applicant will complywith all of the applicable requirements of this chapter and the clean air act, including a schedule of 

### compliance and a schedule under which progress reports will be submitted to the director at least every six months. The director may require that such application include all sources that are used or to be used by the 'applicant in a certain process or a single facility or location. Before acting on an application for a permit, the director may requirethe applicant to furnish further information or further plans or specifications. The director shall act, within a reasonable time, on such application and shall notify the applicant in writing of the proposed approval or denial of such application, except that the direetor may have a reasonable period of time in which to gather information, inspect premises, and issue such permits. The director shall adopt rules that establish procedures for determiningwhen applications are complete, for processing applications and for reviewing permit actions. The director shall also establish by rule criteria fordetermining reasonable times for. processing permit applications, Rules adopted pursuant to this subsection for permits issued pursuant to title V of the clean air act shall conform to the requirements o£ § 505 (a) of the clean air act.a

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### E. Permits or revisions issued pursuant to this section or § 49-426.01 may be issued subject to such terms and conditions as are consistent with the requirements o£ this article, article 1 o£ this chapter 5 and the clean air act b and are found bythe director to be necessary, following public notice and an opportunity for a public hearing as provided in subsection D or H of this section or in§ 49--426.01, and subject to payrnent of a reasonable fee to be determined as follows:
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### 2. For a£acility that is required to obtain a permit pursuant to this chapter but that is not required to obtain a permit pursuant to title V of the clean air act, the director shall determine a fee based on the total actual cost of processing the permit application, but not exceeding twenty-five thousand dollars. The director shall establish an annual inspection fee, not to exceed the average cost of inspection.The director shall adopt, by rule, criteria for determining fees and for public hearings. F. Permits issued pursuant to this section shall be issued for a period of five years. G. Bxcept as provided in subsection H of this section, any person burning used oil, used oil fuel, hazardous waste or hazardous waste fuel in any machine, incinerator or device shall first obtain a permit from the cli

rector. Any permit issued by the director under this subsection shall contain, at a minimum, conditions governing: 1. Limitations on the types, amounts and feed rates of used oil, used oil fuel, hazardous waste or hazardous waste fuel which may be burned. 2. The frequency and types of fuel testing to be conducted by the person. 3. The frequency and type of emissions testing or monitoring to be conducted by the person. 4. Requirements for record keeping and reporting. S. Numeric emission limitations expressed inpounds per hour and tons per year for air contaminants to be emitted from the facility burning offspecification used oil fuel, hazardous waste or hazardous waste fuel. H. The director may issue a general permit for a defined class of facilities if the class contains a large number of facilities that are substantiallysimilar in nature and that have substantially similar emissions and if the following coridifions are met: 

### 1. A general permit shall comply with all of the requirements for permits prescribed by this section except for the requirements of subsection D of this section and shall be consistent with the clean air act. 2. The director shall give notice of the proposed general permit once each week for two eonsecutive. s ~

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### ENMIa®MMENT 1742

weeks in a newspaper of general circulation in each county. The notice shall describe the.proposed general permit, the general class of sou'rces that would be subject to the proposed permit and the air contaminants to be emitted. The notice shall also. state that any person may submit connments on the proposed general permit and may request a public hearing. A written comment shall state the name of the person and the person's agent or attorney and shall clearly set forth reasons why the general permit should or should not be issued. Grounds for comment are limited to whether th'eproposed general permit meets the criteria for issuance prescribed in this section or § 49-427. 3. On issuance of a general permit any person 

### seeking to permit a source under this subsection shall submit an application pursuant to subsection C of this section. 4. If the director approves an application to be permitted under a general permit, the director shall provide notice of the approval in a newspaper of general circulation in the county in which the source is or will be located. 5. If a person violates a general permit, the director may require the source to obtain a permit pursuant to subsection A of this section. 6. A general permit may be revolced or revised at any time by the director if necessary to comply with this chapter. If the director revokes or revisesa general permit, the director shall riotify all per

### sons whose sources are affected by the revocation or revision and shall include notice of procedures to obtain a permit pursuant to subsection A of this section or notice of procedures for compliance with the revisioris. 

### 7. The director by rule shall adopt procedures for the issuance of general permits. 8. The director may adopt conditions in a general permit applicable to sources located in a specified geographic area either independently of or upon petition by a county air pollution control officer.

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### K. If an applicant has submitted a tirnely aind complete application for a permit required under this section, but final, action has not been taken on that application, failure to obtain a permit shalI not be a violation of this chapter unless the delay 'in final action is due to the failure of the applicant t6submit information required or requested to process the application. This subsection does not apply to any person required to obtain a permit before commencing construction of a source as required under this section or any person seeking a permit revision as provided under § 49-426.01. L. The director may issue a single permit authorizing emissions from similar operations at multiple temporary locations, if the permit includesconditions that viill assure compliance with all applicable requirements of this chapter and the clean air act at all locations. Any permit issued pursuant to this subsection shall requi.re the applicant to notify .the director in advance of each change in location. In issuing a single permit, the director may require a separate permit fee for operations at each location.

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### N. Any permit issued pursuant to the requirements of this article and title V of the clean air act to a unit subject to the provisions of title IV of the clean air act 7 shall include conditions prohibiting all of the following: 1. Annual emissions of sulfur dioxide in excess of the number of allowances to emit sulfur dioxide

### 1743 ST,qT1E 1-1gR 1<'OLLUTIOAi COATTROL 

## § 49

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## 426.03

held by the owners or operators of the unit or bythe designated representative o£ the owners or operators. 2. Amounts in excess of applicable emission rates. 3. The use of any allowance prior to the year for which it was allocated. 4. Contravention of any other provision of the permit. 0. The director shall adopt a rule specifying the notice, public participation requirements and other permit issuance procedures for permits that are not issued pursuant to title V of the clean air act.P. In determining whether a permitting threshold established pursuant to this section applies toan existing source, the director shall exclude particulate matter that is not subject to a national ambient air quality standard under the clean air act. Added as § 36-1707.01 by Laws 1969, Ch. 53, § 19. Amended by Laws 1970, Ch. 164, § 30, eff. May 18, 1970; Laws 1971, Ch. 190, § 13; Laws 1977, Ch. 171, § 17; Laws 1978, Ch. 64, § 1, eff. May 23, 1978; Laws 1982, Ch. 150, § 1; Laws 1983, Ch. 163, § 1. Renumbered as § 49-426 and amended by Laws 1986, Ch. 36'8, §§ 37, subsec. C, 79, eff. July 1, 1987. Amended by Laws 1989, Ch. 286, § 1; Laws 1990, Ch. 42, § 7; Laws 1991, Ch. 115, § 1, eff. May 13, 1991; Laws 1991, Ch. 220, § 5, eff. June 11, 1991; Laws 1991, Ch. 283, § 5; Laws 1992, Ch. 299, § 12; Laws 1992, Ch. 299, § 14, eff. Sept. 1, 1993; Laws 1992, Ch. 319, § 51; Laws 1996, Ch. 88, § 1; Laws 1996, Ch. 258, § 5; Laws 1996, Ch. 364, § 1; Laws 1997, Ch. 175, § 2; Laws 1997, Ch. 178, § 5. 142 U.S.C.A. § 7412. 2 42 U.S.C.A. § 7661a. 3 42 U.S.C.A. § 7661 et seq, 442 U.S.C.A. § 7661d. 5 Section 49-401 et seq.

6 42 U.S.C.A. 7401 et seq. 7 42 U.S.C.A. § 7641 et seq.



### A. T director shall establish rule provi sions fio allow anges within a urce required to obtain, a permit u er title of the clean air act without requiring a p it revision if all of the following condition re me . 1. The cha es do not constit modifications under title the clean air act.' 2. e changes do not result in an emissl that is eater than the emissions allowed under The source provides the director with a 47 , ten otice of the proposed changes at least sn days advance of the beginning of those cha. 4. e source satisfies other condition that may be e tablished in the rules adopted pur ant to this sectio for til:le V sources. Rules adoptedpursuant to this section at a minimu shall conform to those adopted by the adminis ator pursuant to title V o he clean air act and ay prescribe a different time limit for notificat'ons associated with emergency c ditions. B. A permit iss d pursuant o§ 49-426 may be revised, revolced a d reissue , or terminated for cause. The filing of a quest r a permit revision, revocation and reissua ce, r termination or a notification filed pursua t subsection A of this section does not stay an e ctive permit condition. The director may require t t the applicant providein writing within a reas a le time any information that the director id tifie as necessary for the director

. to determine f cause xists for revising, revoking and reissui or term ating the permitor for determining mpliance w h permit conditions. C. The directo shall establish rule procedures related to blic and departme tal review of changes to a per itted source. For titl V sources, these rules at minimum shall con£or to those adopted by th administrator pursuant to itle V of the clean air act. For changes to sources at are not require to obtain a permit under title f the clean air ct, the necessity for and level of p blicand dep tmental review of a change shall be etermin as prescribed by this chapter and e enviro mental significance of the change. Adde by Laws 1992, Ch. 299, § 16, eff. Sept. 1, 1993. Am ded by Laws 1996, Ch. 88, § 2. 42 U.S.C.A. § 7401 etseq.



### T rector shall establish by nale conditions under whic liance with a pej

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### p mit revision issued pursua c apter constitutes compliance I e applicab uirements of th' er and the clean air act, Added by Laws 1992, Ch. 299, § 16, eff. Sept. 1, 1993,

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### e list of hazardous air nts in § 112(b)(1 o clean air a opted as the list of federally listed s air pollutants that will be sub' the program a ed pursuant to subsection B of this section. Within on r after