reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-401 - Declaration of policy

49-401.
Declaration of policy
A. The legislature finds and declares that air pollution exists with varying degrees of severity within the state,  such air pollution is potentially and in some cases actually dangerous to the health of the citizenry,  often causes physical discomfort,  injury to property and property values,  discourages recreational and other uses of the state's resources and is esthetically unappealing. The legislature by this act intends to exercise the police power of this state in a coordinated state-wide program to control present and future sources of emission of air contaminants to the end that air polluting activities of every type shall be regulated in a manner that insures the health,  safety and general welfare of all the citizens of the state;  protects property values and protects plant and animal life. The legislature further intends to place primary responsibility for air pollution control and abatement in the department of environmental quality and the hearing board created thereunder. However,  counties shall have the right to control local air pollution problems as specifically provided herein.
B. It is further declared to be the policy of this state that no further degradation of the air in the state of Arizona by any industrial polluters shall be tolerated. Those industries emitting pollutants in the excess of the emission standard set by the director of environmental quality shall bring their operations into conformity with the standards with all due speed. A new industry hereinafter established shall not begin normal operation until it has secured a permit attesting that its operation will not cause pollution in excess of the standards set by the director of environmental quality.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-403 - General permits and individual permits; issuance; definition

49-403.
General permits and individual permits;  issuance;  definition
A. A person may petition the director or control officer for a determination that a particular class or category of sources should be subject to a general permit instead of an individual permit that is issued under this chapter. The petition shall state the grounds for the determination that is the subject of the petition,  including how the class or category meets the criteria prescribed in the applicable statute or rule for a general permit. The director or control officer shall either grant or deny the petition within sixty days after its receipt. If the petition is granted,  the director or control officer shall initiate the formal process for issuing the general permit within six months. If the petition is denied,  the denial is an appealable agency action pursuant to title 41,  chapter 6,  article 10.
B. For the purposes of this section,  " general permit"  has the same meaning prescribed in section 41-1001.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-404 - State implementation plan

49-404.
State implementation plan
A. The director shall maintain a state implementation plan that provides for implementation,  maintenance and enforcement of national ambient air quality standards and protection of visibility as required by the clean air act.
B. The director may adopt rules that describe procedures for adoption of revisions to the state implementation plan.
C. The state implementation plan and all revisions adopted before September 30,  1992 remain in effect according to their terms,  except to the extent otherwise provided by the clean air act,  inconsistent with any provision of the clean air act,  or revised by the administrator. No control requirement in effect,  or required to be adopted by an order,  settlement agreement or plan in effect,  before the enactment of the clean air act in any area which is a nonattainment or maintenance area for any air pollutant may be modified after enactment in any manner unless the modification insures equivalent or greater emission reductions of the air pollutant. The director shall evaluate and adopt revisions to the plan in conformity with federal regulations and guidelines promulgated by the administrator for those purposes until the rules required by subsection B are effective.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-407 - Private right of action; citizen suits

49-407.
Private right of action;  citizen suits
A. Except as provided in subsection B,  a person having an interest which is or may be adversely affected may commence a civil action in superior court on his own behalf against the director alleging a failure of the director to perform an act or duty under this article or article 2 of this chapter that is not discretionary with the director. The court has jurisdiction to order the director to perform the act or duty.
B. No action may be commenced in any of the following cases:
1. Before sixty days after the plaintiff has given notice of the alleged violation to the director and to an alleged violator.
2. If the director determines no violation has occurred,  or if the director has initiated an administrative enforcement action by issuing a warning letter,  notice of violation or issuing an order.
3. If the attorney general or county attorney has commenced and is diligently prosecuting a civil action in the superior court to require compliance with the provision,  order,  permit,  standard,  rule or emission limitation.
C. In an action commenced under this section the plaintiff has the burden of proof.
D. The court,  in issuing a final order in an action brought under this section,  may award costs of litigation,  including reasonable attorney and expert witness fees,  to any party that substantially prevails.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-408 - Air quality conformity; definition

49-408.
Air quality conformity;  definition
A. Any revision to the state implementation plan adopted pursuant to 40 Code of Federal Regulations,  part 51,  subpart T shall be no more stringent than required under those regulations. No state agency,  metropolitan planning organization or local transportation agency shall take action that is more stringent than required under federal law in performing any of the following functions:
1. Determining which projects require conformity determinations pursuant to 40 Code of Federal Regulations,  part 93,  any state implementation plan revisions adopted pursuant to 40 Code of Federal Regulations,  part 51,  subpart T,  or the conformity requirements set forth in the federal implementation plan at 40 Code of Federal Regulations,  part 52,  subpart D.
2. Determining which projects constitute regionally significant projects within the meaning of any of the regulations identified in paragraph 1.
3. Making conformity determinations pursuant to any of the regulations identified in paragraph 1.
B. Notwithstanding any other provisions of this section,  the director may adopt consultation procedures for the public or affected agencies which supplement the requirements of 40 Code of Federal Regulations,  part 51,  subpart T.
C. For purposes of this section " local transportation agency"  means any city,  town,  county or other local or regional government or agency that receives federal funds designated under Title 23 United States Code or the federal transit act.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-409 - Chlorofluorocarbons; permitted use; retaliation prohibited

49-409.
Chlorofluorocarbons;  permitted use;  retaliation prohibited
A. Notwithstanding any other law,  a person may possess,  use,  manufacture,  purchase,  install,  transport or sell chlorofluorocarbons.
B. The possession,  use,  manufacture,  purchase,  installation,  transportation or sale of chlorofluorocarbons does not subject any person,  this state or any political subdivision of this state to any penalty,  fine,  retaliatory action or other punitive measure.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-412 - Alternative fuel delivery systems; standardized waivers

49-412.
Alternative fuel delivery systems;  standardized waivers
The department shall develop a standardized waiver application form that shall be used by state agencies,  counties,  cities,  towns,  school districts and federal fleets with vehicles that operate primarily in area A as defined in section 49-541 to document and justify the exemption of that entity's vehicles from compliance with the statutory goals for alternative fuel vehicles. The application form shall include,  at a minimum,  a life cycle cost formula for traditional fuel vehicles and alternative fuel vehicles that incorporates the vehicle's capital costs or conversion costs,  annual fuel cost,  annual maintenance and repair costs and salvage value,  all as adjusted to present value. The department shall deliver to the secretary of state and the secretary of state shall publish in the Arizona administrative register copies of completed waiver applications that are received by the department.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-421 - Definitions

49-421.
Definitions
In this article,  unless the context otherwise requires:
1. " Air contaminants"  includes smoke,  vapors,  charred paper,  dust,  soot,  grime,  carbon,  fumes,  gases,  sulfuric acid mist aerosols,  aerosol droplets,  odors,  particulate matter,  wind-borne matter,  radioactive materials,  or noxious chemicals,  or any other material in the outdoor atmosphere.
2. " Air pollution"  means the presence in the outdoor atmosphere of one or more air contaminants or combinations thereof in sufficient quantities,  which either alone or in connection with other substances by reason of their concentration and duration are or tend to be injurious to human,  plant or animal life,  or cause damage to property,  or unreasonably interfere with the comfortable enjoyment of life or property of a substantial part of a community,  or obscure visibility,  or which in any way degrade the quality of the ambient air below the standards established by the director.
3. " Person"  includes any public or private corporation,  company,  partnership,  firm,  association or society of persons,  the federal government and any of its departments or agencies,  the state and any of its agencies,  departments or political subdivisions,  as well as a natural person.
4. " Special inspection warrant"  means an order in writing issued in the name of the state of Arizona,  signed by a magistrate,  directed to the director or his deputies,  authorizing him to enter into or upon any public or private property for the purpose of making an inspection authorized by law.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-425 - Rules; hearing

49-425.
Rules;  hearing
A. The director shall adopt such rules as the director determines are necessary and feasible to reduce the release into the atmosphere of air contaminants originating within the territorial limits of the state or any portion thereof and shall adopt,  modify and amend reasonable standards for the quality of and emissions into the ambient air of the state for the prevention,  control and abatement of air pollution. Additional standards shall be established for particulate matter emissions,  sulfur dioxide emissions 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 thirty 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 on request.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-426.01 - Permits; changes within a source; revisions

49-426.01.
Permits;  changes within a source;  revisions
A. The director shall establish by rule provisions to allow changes within a source required to obtain a permit under title V of the clean air act without requiring a permit revision if all of the following conditions are met:
1. The changes do not constitute modifications under title I of the clean air act.
2. The changes do not result in an emission that is greater than the emissions allowed under the permit.
3. The source provides the director with a written notice of the proposed changes at least seven days in advance of the beginning of those changes.
4. The source satisfies other conditions that may be established in the rules adopted pursuant to this section for title V sources. Rules adopted pursuant to this section at a minimum shall conform to those adopted by the administrator pursuant to title V of the clean air act and may prescribe a different time limit for notifications associated with emergency conditions.
B. A permit issued pursuant to section 49-426 may be revised,  revoked and reissued,  or terminated for cause. The filing of a request for a permit revision,  revocation and reissuance,  or termination or a notification filed pursuant to subsection A of this section does not stay an effective permit condition. The director may require that the applicant provide in writing within a reasonable time any information that the director identifies as necessary for the director to determine if cause exists for revising,  revoking and reissuing,  or terminating the permit or for determining compliance with permit conditions.
C. The director shall establish by rule procedures related to public and departmental review of changes to a permitted source. For title V sources,  these rules at a minimum shall conform to those adopted by the administrator pursuant to title V of the clean air act. For changes to sources that are not required to obtain a permit under title V of the clean air act,  the necessity for and level of public and departmental review of a change shall be determined as prescribed by this chapter and the environmental significance of the change.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-426.04 - State list of hazardous air pollutants

49-426.04.
State list of hazardous air pollutants
A. The state list of hazardous air pollutants that are subject to regulation consists of all of the following:
1. Hazardous air pollutants that are designated by the director by rule if the director finds all of the following:
(a) There is scientifically reliable evidence on the health or environmental effects of the pollutant adequate to support the designation. The director shall rely on technical protocols appropriate for the development of the list of hazardous air pollutants and shall base the designation on credible medical and toxicological evidence that has been subjected to peer review. Evidence shall be considered scientifically reliable only if it demonstrates adverse effects to human health or adverse environmental effects from an air pollutant at concentrations that are likely to occur in the environment as a result of emissions of the pollutant into the ambient air.
(b) Emissions,  ambient concentrations,  bioaccumulation or deposition of the pollutant result in adverse effects to human health or adverse environmental effects.
(c) An adequate and reliable methodology exists for quantifying emissions and ambient concentrations of the pollutant.
2. Federally listed hazardous air pollutants.
B. Except in the case of federally listed hazardous air pollutants,  the director may by rule rescind the designation of an air pollutant as a hazardous air pollutant if the director finds that any of the criteria specified in subsection A is not satisfied.
C. Any person may petition the director to designate any air pollutant as a hazardous air pollutant pursuant to subsection A. The director shall within six months of the receipt of such a petition begin the rule making process to designate the pollutant as a hazardous air pollutant pursuant to subsection A,  if the petitioner demonstrates or the director finds that all of the criteria specified in subsection A are satisfied.
D. Any person may petition the director to rescind the designation of an air pollutant as a hazardous air pollutant pursuant to subsection B. The director shall within six months of the receipt of such a petition begin the rule making process to rescind the designation of the air pollutant as a hazardous air pollutant pursuant to subsection B,  if the petitioner demonstrates or the director finds that any of the criteria specified in subsection A is not satisfied.
E. The director shall not designate a conventional air pollutant as a hazardous air pollutant. This subsection shall not apply to any of the following pollutants:
1. Any pollutant that independently meets the criteria of subsection A and is a precursor to a conventional air pollutant.
2. Any pollutant that is in a class of conventional air pollutants.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-426.07 - Imminent and substantial endangerment

49-426.07.
Imminent and substantial endangerment
Notwithstanding any permit granted pursuant to section 49-426.03 or 49-426.06,  the director may seek injunctive relief as provided in section 49-462 on receipt of evidence that a source or combination of sources is presenting an imminent and substantial endangerment to public health or the environment.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-427 - Grant or denial of applications; revisions

49-427.
Grant or denial of applications;  revisions
A. The director shall deny a permit or revision if the applicant does not show that every such source is so designed,  controlled or equipped with such air pollution control equipment that it may be expected to operate without emitting or without causing to be emitted air contaminants in violation of this article and the rules adopted by the director.
B. Before acting on an application for a permit,  the director may require the applicant to provide and maintain such facilities as are necessary for sampling and testing purposes in order to secure information that will disclose the nature,  extent,  quantity or degree of air contaminants discharged into the atmosphere from the source described in the application. In the event of such a requirement,  the director shall notify the applicant in writing of the type and characteristics of such facilities.
C. In acting on an application for a permit renewal,  if the director finds that such a source has been constructed not in accordance with any prior permit or revision issued pursuant to section 49-426.01,  the director shall require the person to obtain a permit revision or shall deny the application for such permit. The director shall not accept any further application for a source so constructed until the director finds that such source has been reconstructed in accordance with the prior permit or a revision,  or until a revision to the permit has been obtained.
D. An applicant's performance of any activities that are excluded from the definition of " begin actual construction"  under section 49-401.01,  paragraph 7,  subdivision (a) or (b) shall be at the applicant's risk and shall not reduce the applicant's obligations under this chapter or rules adopted pursuant to this chapter. The director shall evaluate an application for a permit or permit revision and make a decision on the same basis as if the activities allowed under section 49-401.01,  paragraph 7,  subdivision (a) or (b) had not occurred.
E. After a decision on a permit or revision,  the director shall notify the applicant and any person who filed a comment to the permit pursuant to section 49-426 or the revision pursuant to section 49-426.01 in writing of the decision,  and if the permit is denied,  the reasons for such denial. Service of this notification may be made in person or by first class mail. The director shall not accept a further application unless the applicant has corrected the reasons for the objections specified by the director as reasons for such denial.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-428 - Appeals of permit actions

49-428.
Appeals of permit actions
A. Within thirty days after notice is given by the director of approval,  denial or revocation of a permit,  permit revision or conditional order,  the applicant and any person who filed a comment on the permit or permit revision pursuant to section 49-426,  subsection D,  or on the conditional order pursuant to section 49-438,  subsection C,  may appeal the decision as an appealable agency action pursuant to title 41,  chapter 6,  article 10.
B. Any person having an interest that is or may be adversely affected may commence a civil action in superior court against the director alleging that the director has failed to act in a timely manner as provided in section 49-426,  subsection C. No action may be commenced before sixty days after the plaintiff has given notice to the director. The court has jurisdiction to require the director to act without additional delay.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-429 - Permit transfers; notice; appeal

49-429.
Permit transfers;  notice;  appeal
A. A permit shall not be transferable,  whether by operation of law or otherwise,  either from one location to another or from one source to another.
B. Subsection A shall not apply to mobile or portable source which is transferred from one location to another after notification to the department of the transfer.
C. A permit may be transferred from one person to another whether by operation of law or otherwise if the person who holds the permit notifies the director in writing before the transfer. The notice shall be in writing and shall include the name,  address,  telephone number and statutory agent of the person to whom the permit will be transferred,  the effective date of the proposed transfer and other information the director may determine to be necessary by rule. The director shall prescribe procedures for this notice.
D. If the director determines that the transferee is not capable of operating the source in compliance with the requirements of this article,  rules adopted under this article and the conditions established in the permit,  the transfer shall be denied. In order for the denial to be effective,  notice of the director's denial,  including the reasons for the denial,  shall be issued within ten working days of the director's receipt of the notice of proposed transfer.
E. Denial of a permit transfer may be appealed as an appealable agency action pursuant to title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-430 - Posting of permit

49-430.
Posting of permit
A person who has been granted an operating permit,  shall firmly affix such permit,  an approved facsimile of such permit,  or other approved identification bearing the permit number upon such machine,  equipment,  incinerator,  device or other article for which the operating permit is issued in such a manner as to be clearly visible and accessible. In the event that such machine equipment,  incinerator,  device or other article is so constructed or operated that such permit cannot be so placed,  the permit shall be mounted so as to be clearly visible in an accessible place within a reasonable distance of such machine,  equipment,  incinerator,  device or other article,  or maintained readily available at all times on the operating premises.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-431 - Notice by building permit agencies

49-431.
Notice by building permit agencies
All agencies that issue building permits shall examine the plans and specifications submitted by an applicant for a building permit to determine if an installation permit will possibly be required under the provisions of section 49-426. If it appears possible that such installation permit will be required,  the agency shall give written notice to such applicant to contact the department and shall furnish a copy of such notice to the county air pollution control officer and the department.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-433 - Special inspection warrant

49-433.
Special inspection warrant
A. The director and his deputies charged under this chapter or the rules and regulations adopted pursuant to this chapter with powers or duties involving inspection of real or personal property including buildings,  building premises and building contents for the purpose of air pollution control shall be authorized to present themselves before a magistrate and apply for,  obtain and execute special inspection warrants. Such inspections shall be limited to property other than the interior or structures used as private residences.
B. Upon showing by the affidavit of the director or his deputies that consent to entry for inspection purposes has been refused or circumstances justify the failure to seek such consent,  special inspection warrants may be issued by a magistrate for inspection of public or private,  real or personal properties. Such warrants shall not be necessary in the case of an emergency where there is an imminent and substantial endangerment to the health of persons.
C. The warrant shall be in substantially the following form: " County of ___________________,  state of Arizona to the director or any deputy director in the state of Arizona,  proof by affidavit having been this day made before me by (person or persons whose affidavit has been taken) that in and upon certain premises in the (city,  town or county) of ________________ and more particularly described as follows: (describe the premises with reasonable particularity) there now exists a reasonable governmental interest to determine if such premises comply with (section ____________ of the Arizona Revised Statutes) and/or (section _______________ of regulation or ordinance). You are therefore commanded in the day time (or during reasonable business hours),  to make an inspection of said premises as soon as practicable. Date,  signature and title of office."  The endorsement on the warrant shall be in substantially the following form: " Received by me ___________________,  19____,  at ___________ o'clock ______________. (Name of director or deputy director)."  The return of officer shall be in substantially the following form: " I hereby certify that by virtue of the within warrant I searched the named premises and found the following things (describe findings). Dated this ______ day of _______________,  19___ (Name of director or deputy director)."
D. The warrant may be served by the director or his deputies mentioned in its directions,  but by no other person except in aid of the director or his deputies,  on his requiring it,  the director or his deputies being present and acting in its execution.
E. A warrant shall be executed and returned to the magistrate who issued it within ten days after its date. After the expiration of that time,  the warrant shall unless executed be void.
F. Any person who wilfully refuses to permit an inspection lawfully authorized by warrant issued pursuant to this article is guilty of a petty offense.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-435 - Hearings on orders of abatement

49-435.
Hearings on orders of abatement
An order of abatement issued by the director shall become effective immediately upon the expiration of the time during which a request for a hearing may be made pursuant to section 49-461 unless the person or persons named in the order have appealed the order of abatement as an appealable agency action pursuant to title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-437 - Conditional orders; standards; rules

49-437.
Conditional orders;  standards;  rules
A. The director may grant to any person a conditional order for each air pollution source which allows such person to vary from any provision of this article,  any rule adopted pursuant to this article,  or any requirement of a permit issued pursuant to this article if the director makes each of the following findings:
1. Issuance of the conditional order will not endanger public health or the environment,  or impede attainment of the national ambient air quality standards.
2. Either of the following is true:
(a) There has been a breakdown of equipment or upset of operations beyond the control of the petitioner;  the source was in compliance before the breakdown or upset;  and the breakdown or upset may be corrected within a reasonable time.
(b) There is no reasonable relationship between the economic and social cost of,  and benefits to be obtained from,  achieving compliance.
B. The director shall adopt rules necessary for the issuance of conditional orders. Such rules shall specify the minimum requirements for petitions,  and procedures for processing petitions and for public participation. For a conditional order that would vary from a requirement of the state implementation plan,  the rules adopted by the director shall provide for a public hearing to receive comments on the petition. For a conditional order that would vary from a requirement of a permit issued pursuant to this article,  the rules adopted by the director shall conform to the procedures established for permit revisions pursuant to section 49-426.01.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-438 - Petition for conditional order; publication; public hearing

49-438.
Petition for conditional order;  publication;  public hearing
A. A person who seeks a conditional order shall file a petition with the director.
B. If the issuance of the conditional order requires a public hearing,  the director shall set a hearing date within thirty days after the filing of the petition. The hearing date shall be within sixty days after the filing of the petition.
C. Notice of the filing of a petition for a conditional order and of the hearing date on said petition shall be published in the manner provided in section 49-444. The notice shall state that any person may submit comments on the petition. 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 petition should or should not be granted. Grounds for comment shall be limited to whether the petition meets the criteria for issuance of a conditional order prescribed in section 49-437.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-439 - Decisions on petitions for conditional order; terms and conditions

49-439.
Decisions on petitions for conditional order;  terms and conditions
A. Within thirty days after the conclusion of the hearing held pursuant to section 49-438,  subsection B,  or,  if no hearing is held,  within sixty days after the filing of the petition,  the director shall deny the petition or grant the petition on such terms and conditions as the director deems appropriate.
B. The terms and conditions which are imposed as a condition to the granting or the continued existence of a conditional order shall include,  but not be limited to:
1. A detailed plan for completion of corrective steps needed to conform to the provisions of this article,  the rules adopted pursuant to this article,  and the requirements of the permit issued pursuant to this article.
2. A requirement that necessary construction shall begin as expeditiously as practicable.
3. Such written reports as may be required.
4. The right to make periodic inspection of the facilities for which the conditional order is granted.
C. A reasonable fee as may be prescribed by the director shall be deposited in the air pollution control permit fund established in section 49-555.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-441 - Suspension and revocation of conditional order

49-441.
Suspension and revocation of conditional order
If the terms and conditions of the conditional order are being violated,  the director may seek to revoke or suspend the conditional order granted. In such event,  the director shall serve notice of such violation on the holder of the conditional order in the manner provided in section 49-444. The notice shall specify the nature of such violation and the date on which a hearing will be held to determine if such a violation has occurred and whether the conditional order should be suspended or revoked. The date of the hearing shall be within thirty days from the date the notice is served upon the holder of the conditional order.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-442 - Appeal of county decisions

49-442.
Appeal of county decisions
When the department has asserted control pursuant to section 49-402,  a party may appeal a revocation or modification of an order of abatement or a permit or permit revision previously issued at the county level by appealing pursuant to title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-443 - Court appeals; procedures

49-443.
Court appeals;  procedures
A. Except as provided in section 41-1092.08,  subsection H,  all final administrative decisions relating to permit actions,  permit transfers or orders of abatement are subject to judicial review pursuant to title 12,  chapter 7,  article 6.
B. When an appeal is taken from a final administrative decision pursuant to title 41,  chapter 6,  article 10,  the order or decision shall remain in effect pending final determination of the matter,  unless stayed by the court,  on a hearing after notice to the director and upon a finding by the court that there is probable cause for appeal and that great or irreparable damage may result to the petitioner warranting the stay.
C. An appeal may be taken to the court of appeals from the order of the superior court as in other civil cases. Proceedings under this section shall be given precedence and brought to trial ahead of other litigation concerning private interests and other matters that do not affect public health and welfare.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-444 - Notice of hearing; publication; service

49-444.
Notice of hearing;  publication;  service
A. Any notice of hearing required by this chapter shall be given by publication of a notice of hearing for at least two times in a newspaper of general circulation published in the county concerned or if there is no such newspaper published in the county,  in a newspaper of general circulation published in an adjoining county.
B. If the hearing involves any violation of rules adopted pursuant to this chapter,  or a conditional order therefrom then,  in addition to the requirements of subsection A,  the person allegedly committing or having committed the violation or requesting the conditional order shall be served pursuant to title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-447 - Motor vehicle and combustion engine emission; standards

49-447.
Motor vehicle and combustion engine emission;  standards
The director shall adopt rules setting forth standards controlling the release into the atmosphere of air contaminants from motor vehicles and combustion engines. Any rules adopted pursuant to this section shall be consistent with provisions of federal law,  if any,  relating to control of emissions from motor vehicles or combustion engines. This authority shall apply to implement the provisions of sections 28-955 and 49-542.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-448 - Limitations

49-448.
Limitations
Nothing in this chapter shall be construed so as to:
1. Grant any jurisdiction or authority with respect to air contamination or pollution existing solely within commercial and industrial plants,  works or shops owned by or under control of the person causing the air contamination or pollution.
2. Alter or in any other way affect the relations between employers and employees with respect to or concerning any condition of air contamination or pollution,  except that a person using a supplemental control system or intermittent control system for purposes of meeting the requirements of an order under section 113 (d) or section 119 of the federal clean air act,  as amended or for purposes of receiving an operating permit in the form of a primary nonferrous smelter order authorized under section 119 of the federal clean air act,  as amended,  may not temporarily reduce the pay of any employee by reason of the use of such supplemental or intermittent or other dispersion dependent control system.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-453 - Air quality impact reports; filing

49-453.
Air quality impact reports;  filing
A. Every state agency,  board and commission shall prepare an air quality impact report on a state funded project relating to transportation which it proposes to carry out or approve and which it determines may have a significant impact on air quality as it relates to carbon monoxide and ozone. The report shall contain the following information:
1. A description of the proposed project.
2. Any significant impact on air quality of the proposed project.
3. Significant environmental effects which cannot be avoided if the project is implemented.
4. Mitigation measures proposed to minimize any significant air quality effects.
5. Alternatives to the proposed project including car pooling or van pooling lanes and bicycle routes.
6. Any significant irreversible air quality changes which would be involved in the proposed project if it is implemented.
7. The known views of any local groups concerning the proposed project.
B. The report shall also contain a statement briefly indicating the reasons for determining that various effects of a project are not significant and consequently have not been discussed in detail in the impact report.
C. If authority over a project is shared jointly by an agency and a board or by an agency and a commission,  the agency shall prepare the report.
D. This section does not apply to:
1. Emergency repairs to public service facilities which are necessary to maintain service.
2. Projects which are undertaken,  carried out or approved by a state agency,  board or commission to maintain,  repair,  restore,  demolish or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been declared by the governor.
3. Projects related to the interstate highway system.
4. State projects involving existing facilities.
E. The report shall be filed with the director.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-454 - Adjusted work hours

49-454.
Adjusted work hours
A. A business which has five hundred or more employees at one site in area A or area B as defined in section 49-541 shall submit a schedule prior to October 1 of each year to the director which shows an adjusted work hour proposal that will reduce the level of carbon monoxide concentrations caused by vehicular travel.
B. A business which has one hundred or more employees at one site working in area A or area B as defined in section 49-541 may implement an adjusted work hour schedule in order to reduce the level of carbon monoxide concentrations caused by vehicular travel.
C. The director shall transmit the reports received pursuant to subsection A of this section to the advisory committee on air quality compliance on or before December 1 of each year.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-455 - Permit administration fund; exemption

49-455.
Permit administration fund;  exemption
A. The permit administration fund is established consisting of fees and interest collected pursuant to this article and section 27-515. The director shall administer the fund subject to annual legislative appropriation. On notice from the director,  the state treasurer shall invest and divest monies in the fund as provided in section 35-313,  and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
B. Monies in the fund collected pursuant to sections 49-426 and 49-426.01 shall be used to pay for the following:
1. In the case of fees collected pursuant to section 49-426,  subsection E,  paragraph 1,  all reasonable direct and indirect costs required to develop and administer the permit program requirements of title V of the clean air act.
2. In the case of other fees,  administering permits or revisions issued pursuant to section 49-426 or 49-426.01 or conducting inspections.
3. All reasonable and necessary costs to provide staff support pursuant to section 27-514.
C. Monies in the fund collected pursuant to section 27-515,  subsection B,  paragraph 5 shall be used to prepare,  reproduce and distribute publications pursuant to that paragraph.
D. Not more than five percent of the monies in the fund may be used for the collection of monies,  unless otherwise provided under title V of the clean air act.
E. Not more than five percent of the monies in the fund may be used for general administration of the fund unless otherwise provided under title V of the clean air act.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-456 - Technical assistance for small business; compliance advisory panel

49-456.
Technical assistance for small business;  compliance advisory panel
A. After reasonable notice and a public hearing,  the director shall submit to the administrator a plan establishing a small business stationary source technical and compliance assistance program consistent with and equivalent to the plan required under section 507 of the clean air act.
B. A compliance advisory panel is established consisting of seven members who are appointed for staggered five-year terms as follows:
1. Two members who are appointed by the governor to represent the general public and who are not owners or representatives of owners of small business stationary sources.
2. Two members who are appointed by the speaker of the house of representatives and who are owners or who represent owners of small business stationary sources.
3. Two members who are appointed by the president of the senate and who are owners or who represent owners of small business stationary sources.
4. One member who is appointed by the director of the department of environmental quality to represent the department.
C. The panel shall:
1. Advise the director on the effectiveness of the small business stationary source technical and environmental compliance assistance program operated pursuant to this section and any such program operated by a county,  including the identification of difficulties encountered and the degree and severity of enforcement.
2. Make periodic reports to the director and administrator concerning the compliance of the small business stationary source technical and environmental compliance assistance program operated pursuant to this section and any such program operated by a county with the requirements of the paperwork reduction act (P.L. 96-511;  20 United States Code section 1221),  the regulatory flexibility act (P.L. 96-354;  5 United States Code section 601) and the equal access to justice act (P.L. 96-481;  5 United States Code section 504).
3. Review information developed by the department and any county for small business stationary sources to assure that the information is understandable by the general public and advise the director of its findings.
4. Have staff from the small business stationary source technical and environmental compliance assistance program to develop and disseminate reports and advisory opinions.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-457.01 - Leaf blower use restrictions and training; leaf blower equipment sellers; informational material; outreach; applicability

49-457.01.
Leaf blower use restrictions and training;  leaf blower equipment sellers;  informational material;  outreach;  applicability
A. This section applies in a county with a population of two million or more persons or any portion of a county within an area designated by the environmental protection agency as a serious PM-10 nonattainment area or a maintenance area that was designated as a serious PM-10 nonattainment area.
B. After March 31,  2008,  no person may use a leaf blower to blow landscape debris into public roadways.
C. After March 31,  2008,  no person may operate a leaf blower except on surfaces that have been stabilized with asphaltic concrete,  cement concrete,  hardscape,  penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate,  decomposed granite cover,  crushed granite cover,  aggregate cover,  gravel cover,  or grass or other continuous vegetative cover,  or any combination of those stabilizers.
D. At least once every three years,  any person operating a leaf blower for remuneration shall successfully complete training approved by the department on how to operate a leaf blower in a manner designed to minimize the generation of fugitive dust emissions. Any person who is required to be trained under this subsection shall complete initial training no later than December 31,  2008.
E. Any person who rents or sells in the normal course of business equipment that is used for blowing landscape debris shall provide to the buyer or renter of the equipment printed materials that are approved by the department pursuant to this section.
F. The department shall produce printed materials and distribute those materials to persons who sell or rent equipment used for blowing landscape debris. The printed materials shall be designed to educate and inform the user of the equipment on the safe and efficient use of the equipment,  including methods for reducing the generation of dust,  and shall include information regarding dust control ordinances and restrictions that may be applicable.
G. This section does not apply to any site that has a permit issued by a control officer as defined in section 49-471 for the control of fugitive dust from dust generating operations.