ARIZONA STATE LI8RA~y l/\/es t s PUBLIC ~ECOR~

NOV 2 ~

I A

EV SE S ATUTES

2012- 013

COMPACT EDIT IN

REVISED STATUTES

Sections 44—101 to 49—End

EST®

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Mat #41125195
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ENVIRONMENT 1720

49—391. LUCaI eu re1~~Lu~L uf,,,.,.t,~ ~ ~~J the _________

treatment requiremen~; civil penalties by this section either by an action in superior c z-t

A. city, town, County or sanitary district of or by a negotiated settlement agreement, ore a

this sta may adopt, amend or repeal any ordi- consent decree filed with superior court r a nego

nances nec ary for implementing and enforcing tiated settlement becomes final, t city, town,

the pretreatme requirernen~ under the federal county or sanitary district seekin onlpliance shajj

water pollution co ol act amendments of 1972 provide a period of thirty day or public com~ent

(P.L. 92—500; 86 Stat. 6; 33 United States Code In determining the amou of a civil penalty the

§~ 1251 through 1376), ended, and enforce court and the city, tow , county or sanitary district

the ordinances by imposing a recovering a civil shall consider:

penalty of not more than twenty- e thousand dol- r. The sen sness of the violation

lars for each violation as prescribed this section,

For continuing violations, each day may nstitute 2. Tb conomic benefit, if any, resulting from

a separate offense, the vi tion.

B. A city, town, county or sanitary district s . Any history of such violation.

not receive civil penalties under this section if an

interested person, the United States, this state, a 4. icable Any requirements. good faith efforts to comply with the

another city, town, county or sanitary distri as

received civil penalties or is diligently pr ecuting 5. economic impact of the penalty on the

a civil penalty action in a court of the ited States violator.

or this state, or in an administra ‘ enforcement 6. Such oth actors as justice may require.

proceeding, with respect to th same allegations,

standard, requirement, or er. This state, and D. In addition to e remedies provided in this

any city, town, county sanitary district of this section, enforcement o ch ordinances may in

state that is or may b ected by a civil, judicial or dude injunctive or other eq ble relief.

administrative ac ‘ n, may intervene as a matter of E. All monies collected purs nt to an ordj

right in any p ing civil, judicial or administrative nance adopted under this section sha e deposited

action for rposes of obtaining injunctive or de- with the respective city, town, county sanitary

clarato relief, district.

The city, town, county or sanitary district Added by Laws 1990, Ch. 300, § 1. Amended by La

seals eess.iphaae~ v.’ith ~-~rdi- i~ç’~, ~ i~, § i.

CHAPTER 3

AIR QUALITY

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; is

suance; definition.

49—404. State implementation plan.

49—405. Attainment area designations.

49—406. Nonattajrment area plan.

49—407. Private right of action; citizen suits.

49—408. Air quality conformity; definition.

49—409. Chlorofluorocarbons; permitted use; retali

ation prohibited

49—410. Arizona emissions bank; program termi

nation.

49—41j. Particalate measures; cities, towns, Coun

ties, depart~~~~; implementation; re

port.

49—411.01. Renumbered.

49—412. Mternatjve fuel delivery systems; standard

ized waivers

Section

49—413. Clean burning alternative fuels; public refu

eling.

49—414. Renumbered.

49—414.01. Renumbered.

ARTICLE 2. STATE AIR POLLUTION 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; ap

plications; objections; fees.

49—426.01. Permits; changes within a source; revi

sions.

49—426.02. Permit shield,

49—426.03. Enforcement of federal hazardous air pollu

tant program; definitions.

49—426.04. State list of hazardous air pollutants

49—426.05. Designation of sources of hazardous air pol

lutants.

11

ARTICLE 1. GENERAL PROVISIONS
1721 AIR QUALITY

State program for control of hazardous air

pollutants.

Imminent and substantial endangerment.

49—426.08. Research program on hazardous air pollu

tants.

49—427. Grant or denial of applications; revisions.

49—427. Grant or denial of applications; revisions.

49—428. Appeals of permit actions.

49—429. Permit transfers; notice; appeal.

49—430. Posting of permit.

49—431. Notice by building permit agencies.

49—432. Classification and reporting; confidentiality

of records.

49—433. Special inspection warrant.

49~434. Repealed.

49~435. Hearings on orders of abatement.

49—436. Repealed.

49~437. Conditional orders; standards; rules.

49—438. Petition for conditional order; publication;

public hearing.

49~439. Decisions on petiti6ns for conditional order;

terms and conditions.

49—440. Term of conditional order; effective date.

49—441. Suspension and revocation of conditional

order.

49—442. Appeal of county decisions.

49—443. Court appeals; procedures.

49—444. Notice of hearing; publication; service.

49—445, 49—446. Repealed. V 49—447. Motor vehicle and combustion engine emis

sion; standards.

49—448. Limitations.

49—449 to 49—452. Repealed. V 49—453. Air quality impact reports; filing.

49—454. Adjusted work hours.

49—455. Permit administration fund.

49—456. V Technical assistance for small business;

compliance advisory panel.

49~457. Agricultifral best management practices

committee; members; powers; permits;

V enforcement; preemption; definitions.

49_457.0l. Leaf blower use restrictions and training;

leaf blower equipment sellers; informa

tional material; outreach; applicability.

49—457.02. Dust—free developments program; certifica

tion; seal.

49—457.03. Off—road vehicles; pollution advisory days;

applicability; penalties. V 49—457.04. Off—highway vehicle and all-terrain vehicle

dealers; informational material; out

reach; applicability.

49—457.05. Dust action general permit; best manage

ment practices; applicability; definitions.

49—458. Regional haze program; authority.

49—458.01. State implementation .plan revision; region

al haze; rules.

49—460. Violations; production of records.

49—461. Violations; order of abatement.

49—462. Violations; injunctive relief. -

49—463. Violations; civil penalties.

49—464. Violation; classification; penalties; defini

tion.

Air pollution emergency.

Precedence of actions.

Preservation of rights.

Section

ARTICLE 3. COUNTY AIR POLLUTION CONTROL

Definitions.

Regulatory bill of rights.

Fees; express authority.

Inspections.

Notice of proposed rule or ordinance mak

ing.

Contents of preamble.

Public participation; written statements;

oral proceedings.

Time and manner of rule or ordinance mak

ing.

Expedited rule or ordinance making.

County rule or ordinance making record.

Invalidity of rules or ordinances; prohibited

agency action.

Substantive policy statements; directory of

rules and policy statements.

Petition for rule or ordinance making or

review of practice or policy.

Permitting time frames.

Reporting; compliance with time Frames.

Administrative appeals.

Waiver.

Department studies.

Board of supervisors.

County control boards.

Additional board duties in vehicle emissions

control areas; definitions.

Voluntary lawn and garden equipment emis

sions reduction program; voluntary lawn

and garden equipment emissions reduc

tion fund; criteria.

Voluntary vehicle repair and retrofit pro

gram; criteria; fund; report.

Voluntary vehicle repair and retrofit pro

gram advisory committee.

Dust control; training; site coordinators.

Dust control; subcontractor registration;

fee.

Voluntary diesel equipment retrofit pro

gram; criteria; inventory; permits.

Powers and duties.

Authorization to accept funds or grants.

Monitoring.

Advisory council.

Hearing board.

Rules; hearing.

Permits; fees.

Permits; changes within a source; revi

sions.

Appeals of permit actions.

Federal hazardous air pollutant program;

date specified by administrator; prohibi

tion.

49—480.04. County program for control of hazardous air

pollutants.

49—481. Grant or denial of applications.

49—482. Appeals to hearing board.

49—483. Permit ti-ansfers; notice; appeal.

49—484. Expiration of permit.

49—485. Posting of permit.

49—486. Notice by building permit agencies.

49—487. Classification and reporting; confidentiality

of records.

49—488. Special inspection warrant.

49—489. Repealed.

Section

49—426.06.

49—426.07.

49—471.

49—471.01.

49—471.02.

49—471.03.

49-471.04.

49—471.05.

49—471.06.

49-471.07.

49—471.08.

49—471.09.

49—471.10.

49-471.11.

49—471.12.

49—471.13.

49—471.14.

49—471.15.

49—471.16.

49-472.

49—473.

49—474.

49—474.01.

49—474.02.

49—474.03.

49—474.04.

49—474.05.

49—474.06.

49—474.07.

49—475.

49—476.

49—476.01.

49—477.

49—478.

49—479.

49—480.

49—480.01.

49—480.02.

49—480.03.

49—465.

49—466.

49—467.

th.
ENVIRONMENT 1722

Section

49—490. Hearings on orders of abatement.

49—491. Conditional orders; standards; rules.

49—492. Petition for conditional order; publication;

public hearing.

Decisions on petitions for conditional order;

terms and conditions.

Term of conditional order; effective date.

Suspension and revocation of conditional

order.

Decisions of hearing board; subpoenas; ef

fective date.

Declaratory judgment.

Judicial review of hearing board or adminis

trative law judge decisions.

Judicial review of appealable agency action

not subject to review by hearing board or

administrative law judge.

49—498. Notice of hearing; publication; service.

49—499, 49—500. Repealed.

49—501. Unlawful open burning; exceptions; civil

penalty; definition.

49—502. Violation; classification.

49—503. Defenses.

49—504. Limitations.

49—5 05. Repealed.

49—506. Voluntary no-drive days.

49—507. Technical assistance to small businesses.

49—5 lO~- Violations; production of records.

49—511. Violations; order of abatement.

49—512. Violations; injunctive relief.

49—513. Violations; civil penalties.

49—514. Violation; classification; definition.

49—515. Precedence of actions.

49—516. Preservation of rights.

ARTICLE 4. MOTOR VEHICLE EMISSIONS

INSPECTION [REPEALED]

49—521 to 49—523. Repealed.

ARTICLE 5. ANNUAL EMISSIONS INSPECTION

OF MOTOR VEHICLES

49—541. Definitions.

49—541.01. Repealed.

49—542. Emissions inspection program; powers and

duties of director; administration; period

ic inspection; minimum standards and

rules; exceptions; definition.

49—542. Emissions inspection program; powers and

duties of director; administration; period

ic inspection; minimum standards and

rules; exceptions; definition.

49—542. Emissions inspection program; powers and

duties of director; administration; period

ic inspection; minimum standards and

rules; exceptions; definition.

49—5 42. Emissions inspection program; powers and

duties of director; administration; period

ic inspection; minimum standards and

rules; exceptions; definition.

49—542.01. Repealed.

49—542.02. Mechanic education program.

49—542.03. Motor vehicle dealer; emissions testing;

remedies; definition.

49—542.04. Off-road vehicle and engine standards.

49—542.05. Alternative fuel vehicles.

Section

49—542.06. Roadside testing of diesel vehicles; contract.

test standards; cut points.

49—542,07. Civil penalties.

49—543. Emissions inspection• costs; disposjtjo~.

fleet inspection; certificates.

49—544. Emissions inspection fund; composition.

authorized expenditures; exemptions; ir~

vestment.

49—545. Agreement with independent contractor

qualifications of contractor; agreen~e~

provisions.

49—546. Fleet emissions inspection stations; certjfj~

cates of inspection; dealer’s inventory; in

vestigations; revocation or suspension of

permit.

49—5 47. Authority of director to acquire enforcement

equipment.

49—548. Improper representation.

49—549. False certfficates.

49—550. Violation; classification; civil penalty.

49—551. Air quality fee; air quality fund; purpose.

49—551.01. Diesel vehicle low emissions incentive

grants; criteria.

49—552. Enforcement on city, town, county, school

district or special district property.

49—553. Vehicle emissions; research; equipment; cost

analysis.

49—554. Technical assistance review.

49—555. Retrofit of diesel vehicles.

49—5 56. Low emission vehicle program.

49—557. Government vehicles; emissions inspec

tions; noncompliance; vehicle operation

privilege suspension.

49—558. Voluntary accelerated purchase of tier 2 and

3 equipment; definitions.

49—558.01. Voluntary implementation of ultra low sul

fur diesel fuel; definition.

ARTICLE 6. ASSUMPTION OF JURISDICTION

OVER INDIAN LANDS [REPEALED]

49—561. Repealed.

ARTICLE 7. EMISSIONS CONTROL

49—571. Clean burning or alternative fuel require

ments for new buses; definitions.

49—5 72. Joint use of clean burning or alternative fuel

refueling stations.

49—572.01. Renumbered.

49—573. Emissions controls; federal vehicles.

ARTICLE 8. TRAVEL REDUCTION PROGRAMS

Definitions.

Travel reduction program regional task

force; composition.

Duties and powers of the task force.

Staff duties.

Repealed.

Repealed.

Voluntary participation.

Requirements for major employers.

Variances.

Requirements for high schools, community

colleges and universities.

Exemptions.

Appeals.

Violations; civil penalties.

49—493.

49—494.

49—495.

49—496.

49—497.

49—497.01.

49—497.02.

49—58 1.

49—5 82.

49—583.

49—584.

49—5 85.

49—586.

49—587.

49—5 88.

49—589.

4 9—5 90.

49—591.

49—592.

49—593.
1730 § 49—401.01 ENVIRONMENT

~r~otor and £ubmltt~d ~o ~ a -‘“i~~’-~~or p~~cii

an o 42 United States Code § 7410.

36. “Stationary source” means facility,

building, uipment, device or n~ach~ e that oper

ates at a fixe ocation and that e ts or generates

air contaminants.

37: “Unclassifiab are ‘ means all areas of

this state for which ma uate ambient air quality

data exist to deterrni corn •ance with the nation

al ambient air qu standar

Added by Laws 92, Ch. 299, § 7, . Sept. 1, 1993.

Amended by ws 1995, Ch. 233, § 2; ws 1997, Ch.

175, § 1; s 1998, Ch. 217, § 14; Laws 1 , Ch. 295,

§ 40; s 2002, Ch. 251, § 1; Laws 2010, h. 287,

§ 16 aws2010,Ch.315,~ 1.

o in original. Probably should read ‘~ 49—427”.

;~ ~r..~bably she~ead~iosi~r”._

§ 49—402. State and county control

A. The department shall have original jurisdic

tion over such sources, permits and violations that

pertain to:

1. Major sources in any county that has not

received approval from the administrator for new

source review under the clean air act and preven

tion of significant deterioration unaer the clean air

act.

2. Smelting of metal ore.

3. Petroleum refineries.

4. Coal fired electrical generating stations.

5. Portland cement plants.

6. Air pollution by portable sources.

7. Air pollution by mobile sources for the pur

pose of regulating those sources as prescribed by

article 5 of this chapter’ and consistent with the

clean air’ act.

8. Sources that are subject to title V of the

clean air act and that are located in a county for

which the administrator has disap~roved that

county’s title V permit program if the department

has a title V program that has been approved by

the administrator. On approval of that county’s

title V permit program by the administrator, the

county shall resume jurisdiction over those

sources.

B. Exc~pt as specified in subsection A of this

section, the review, issuance, administration and

enforcement of permits issued pursuant to this

chapter shall be by the county or multi-county air

quality control region pursuant to the provisions of.

article 3 of this chapter. 2 After the director has

provided prior written notice to the control officer

describing the reason for asserting jurisdiction and

has provided an opportunity to confer, the county

or multi-county air quality control region shall

relinquish jurisdiction, control and enforcement

over such permits as the director designates and at

such times as the director asserts jurisdiction at the

state level. The order of the director which asserts

state jurisdiction shall specify the matters, geo

graphical area, or sources over which the depart.

ment shall exercise jurisdiction and control. Such

state authority shall then be the sole and exclusive

jurisdiction and control to the extent asserted, and

the provisions of this chapter shall govern, except

as provided in this chapter, until jurisdiction is

surrendered by the department to such county or

region.

C. Portable sources under jurisdiction of the

department under subsection A, paragraph 6 of this

section may be required to file notice with the

director and the control officer who has jurisdic

tion over the geographic area that includes the new

location before beginning operations at that new

location.

D. Notwithstanding any other law, a permit is.

sued to a state regulated source shall include the

emission standard or standard of performance

adopted pursuant to § 49—479, if such standards

are more stringent than those adopted by the di

rector and if such standards are specifically identi

fied as applicable to the permitted source or a

component of the permitted source. Such stan

dards shall be applied to sources identified in sub

section A, paragraph 2, 3, 4 or 5 of this section only

if the standard is formally proposed for adoption as

part of the state implementation plan.

E. The regional planning agency for each coun

ty which contains a vehicle emissions control area

shall develop plan revisions containing transporta

tion related air quality control measures designed

to attain and maintain primary and secondary am

b~ent air quality standards as prescribed by and

within the time frames specified in the clean air

act. In developing the plan revisions, the regional

planning agency shall consider all of the following:

1. Mandatory employee parking fees.

2. Park and ride programs.

3. Removal of on-street parking.

4. Ride share programs.

5. Mass transit alternatives.

6. Expansion of public transportation systems.

7. Optimizing freeway ramp metering.

8. Coordinating traffic signal systems.
1731 AIR QUALITY GENERALLY § 49-405

9. Reduction of traffic congestion at maj or in- eetBf er eefttrel effleer shall ~ltL~ ~ a~t eir~d~y

tersectionS. e petition within sixty days after its receipt. I

10. Site specific transportation control meas- tc e petition shall initiate is granted, the formal the director process orforcontrol issuingot e

ures.

ii. Reversible lanes. gedeneral d, permit within six months. ‘If the petitio is the denial is an appealable agency a ion

12. Fixed lanes for buses and carPools. purs ant to title 41, chapter 6, article 10.1

13. Encouragement of pedestrian travel. B. For the pu~oses of this section, “g neral

14. Encouragement of bicycle travel. . permit’ has the same meaning presc ed in

15. Development of bicycle travel facilities. § 41—1 1.

16. Employer incentives regarding ride share Added by aws 2010, Ch. 287, § 17. 1 Section 1—1092 et seq.

programs.

17. Modification of work schedules. § 49—40 . State implementation p’an

18. Strategies for controlling the generation of

air pollution by nonresidents of nonatainment or A. The d ector shall maintain a state imple

maintenance areas. mèntation maintenancepl dthat enforcement provides for of ni lementation, ional ambient

19. Use of alternative fuels. air quaiity stan ards and protectio of visibility as

20. Use of emission control devices on public required by tue ean air act.

diesel powered vehicles. B. The direct r may adopt les that describe

21. Paving of roads. procedures for a ~tion of re sions to the state

22. Restricting off-road vehicle travel, implementation pla

23. Construction site air pollution control. C. The state imp ementaf n plan and all revi

24. Other air quality control measures. sions in effect adopted according beforet Septe the ber terms, 30, except 1992 remain to the

F. Each regional planning agency shall consult extent otherwise prov e by the clean air act,

with inconsistent with any pr sion of the clean air act, the department of transportation to coordi

nate the plans developed pursuant to subsection E or revised by the admi istrator. No control re

of this section with transportation plans developed

by the department of transportation pursuant to quirement an order, settlement in effect, or re uired ent toor beplanadopted in effect, by

any other law. before the enactment of th clean air act in any

Added as § 36—1706 by Laws 1967, Ch. 2, § 9. Amended

by Laws 1969, Cli. 53, § 17; Laws 1970, ch. 164, § 28, area which is a n attain ent or maintenance

eff. May 18, 1970; Laws 1971, Ch. 190, § 12; Laws 1973, area for any air p0 utant y be modified after

Ch. 158, § 201; Laws 1982, Ch. 259, § 2; Laws 1986, enactment in any anner un ss the modification

Cli. 319, § 2, eff. Jan. 1, 1987. Renumbered as § 49—402

by Laws 1986, Ch. 368, § 37, subsec. B, eff. July 1, 1987. insures equivalen or greater ission reductions

Amended by Laws 1987, Cli. 317, § 35, eff. Aug. 18, 1987, of the air pollut t. The dire or shall evaluate

retroactively effective to July 1, 1987; Laws 1992, ch. and adopt revi& ñs to ~he plan i conformity with

299, § 8, eff. Sept. 1, 1993; La~s 1994, Ch. 353, § 21, federal regulat’ ns and guideline promulgated by

eff. April 26, 1994; Laws 1999, Ch. 295, § 41; Laws the administr r for those purpos until the rules

2002, Ch. 110, § 1. required by s section B are effecti

I Section 49—54 1 et seq. Added by La 1992, Ch. 299, § 9. A nded by Laws

2 Section 49—471 etseq. 1999, Ch. 29 § 42.

—~ 9—403. 8eiie&oi ~ ~ ~ 49—4 5. Attainment area designa jons

~q~jts~ issuance; definition

A. A p~?~Q~may petition the di~t~ or control classifi A. T ation e governor of areasmayof this designate state with the atus spectandto

officer for a~ icular class or attai ent of national ambient air qual stan

category of sources~subject to a general dard

permit instead of~ ~q~ia~a~permit that is is

~ uride~~~A.aPter. The - it on shall state B The director shall adopt rules that bot

grou~~ or the determination t is the sub- Describe the geographic extent of a am

Ject ~~the petitions including how th làssor m nt, nonattainment or unclassifiable areas o ~his

bL ~ ~ f~ g~~e.~a1 ~ Th -. ~ 9~.iali~’ StB!IdpFd~

~~~t~gory meets the criteria prescribed in the - ate for all pollutants for which a national ambi nt