r W ARlZONA STATE L1BRARY ests ARCHl JES A PUBliC RECaRDS 

ivQV 2012 

ARIZONA 

REVISED STATUTES 

2012-2013 

CC'MPA.CT EDITIC)N 

REVISED STATCJTES 

Sections 44--101 to 49=End 

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Mat #41125195 
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 civil 

penalty 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 administrative 

action for purposes of obtaining injunctive or declaratory relief. 

C. The city, town, county or sanitary district 

may 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 a 

consent 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 this 

section, 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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§ 49-425 

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 to 

be 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 give 

consideration 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 section 

shall 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 compliance extension pursuant to § 49-426:03, subsection B, paragraph 3 and § 112(a)(5) of the clean air 

act 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 apply 

to 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 at 

permitted 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 sha11 

establish 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 comply 

with 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 require 

the 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 determining 

when applications are complete, for processing applications and for reviewing permit actions. The 

director shall also establish by rule criteria for 

determining 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 5and the clean air act b and are found by 

the 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 clirector. 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 in 

pounds 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 substantially 

similar 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 
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..( '•~` ~ ~ y 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'e 

proposed 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 revises 

a general permit, the director shall riotify all persons 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 t6 

submit 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 includes 

conditions 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 7shall 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 § 49-426.03 

held by the owners or operators of the unit or by 

the 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 to 

an 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 adopted 

pursuant 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 provide 

in 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 permit 

or 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 blic 

and 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~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