reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-457.03 - Off-road vehicles; pollution advisory days; applicability; penalties

49-457.03.
Off-road vehicles;  pollution advisory days;  applicability;  penalties
A. In area A,  as defined in section 49-541,  a person shall not operate an off-highway vehicle,  an all-terrain vehicle or an off-road recreational motor vehicle on an unpaved surface that is not a public or private road,  street or lawful easement during any high pollution advisory day forecast for particulate matter by the department.
B. This section does not apply to:
1. An event that is intended for off-highway vehicles,  all-terrain vehicles or off-road recreational motor vehicles and that is endorsed,  authorized,  permitted or sponsored by a public agency,  that occurs on a designated route or area and that includes dust abatement measures at all staging areas,  parking areas and entrances.
2. An event that occurs at a facility for which an admission or user fee is charged and that includes dust abatement measures.
3. A closed course that is maintained with dust abatement measures.
4. An off-highway vehicle,  all-terrain vehicle or off-road recreational motor vehicle used in the normal course of business or the normal course of government operations.
5. Golf carts that are used as part of a private or public golf course operation.
C. A person who violates this section is subject to:
1. A warning for the first violation.
2. The imposition of a civil penalty of fifty dollars for the second violation.
3. The imposition of a civil penalty of one hundred dollars for the third violation.
4. The imposition of a civil penalty of two hundred fifty dollars for the fourth or any subsequent violation.
D. For violations of this section,  the control officer or other enforcement officer shall use a uniform civil ticket and complaint substantially similar to a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the supreme court. The control officer or other enforcement officer may issue citations to persons in violation of this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-457.04 - Off-highway vehicle and all-terrain vehicle dealers; informational material; outreach; applicability

49-457.04.
Off-highway vehicle and all-terrain vehicle dealers;  informational material;  outreach;  applicability
A. Any person who rents or sells in the normal course of business off-highway vehicles,  all-terrain vehicles or off-road recreational motor vehicles,  other than golf carts sold to public or private golf courses,  shall provide to the buyer or renter of the vehicle printed materials that are approved by the department pursuant to this section.
B. The department shall produce printed materials and distribute those materials to persons who sell or rent off-highway vehicles,  all-terrain vehicles or off-road recreational motor vehicles. The printed materials shall be designed to educate and inform the user of the vehicle on methods for reducing the generation of dust and shall include information regarding dust control ordinances and restrictions that may be applicable. The department shall make available on the department's website the printed materials in a format that is accessible to the public.
C. This section applies in a county with a population of two million or more persons or any portion of a county in 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.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-458.01 - State implementation plan revision; regional haze; rules

49-458.01.
State implementation plan revision;  regional haze;  rules
A. The director shall submit to the administrator state implementation plan revisions to address regional haze visibility impairment in mandatory federal class I areas. The state implementation plan revisions submitted to the administrator shall address any of the following as necessary to submit an approvable plan:
1. The applicable time period.
2. A monitoring strategy for regional haze visibility impairment.
3. Calculations of baseline visibility conditions and natural visibility conditions.
4. Comprehensive emissions tracking strategies for clean air corridors.
5. Implementation of stationary source emissions reduction strategies.
6. Provisions addressing mobile source emissions.
7. Programs related to emissions from fire sources defined as wildland fire,  including wildfire,  prescribed natural fire,  wildland fire use,  prescribed fire and agricultural burning conducted and occurring on federal,  state and private lands.
8. Provisions addressing the impact of dust emissions on visibility impairment.
9. Provisions relating to pollution prevention.
10. Best available retrofit technology requirements.
11. A report that assesses emissions control strategies for stationary source emissions of oxides of nitrogen and particulate matter and the degree of visibility improvement that would result from implemented strategies.
12. A long-term strategy that addresses regional haze visibility impairment.
13. Additional measures necessary to make reasonable progress toward remedying existing and preventing future regional haze in mandatory federal class I areas.
14. For the Arizona Grand Canyon visibility transport commission class I areas,  a projection of the improvement in visibility conditions that are expected from the implementation of all measures set forth in the implementation plan.
15. For the eight other Arizona mandatory federal class I areas,  provisions for the establishment of reasonable progress goals.
16. Periodic progress reports.
B. The department may establish intrastate market trading programs and participate in interstate market trading programs as necessary to submit an approvable plan under subsection A.
C. The director may adopt rules necessary for the revisions to the state implementation plan that address regional haze.
D. Except as provided in subsection E,  the department may meet the requirements of subsection A by submitting plan revisions under 40 Code of Federal Regulations section 51.308 or section 51.309.
E. The department may submit a plan revision under 40 Code of Federal Regulations section 51.309 only if the revision contains a determination pursuant to 40 Code of Federal Regulations section 51.309 (d)(5)(ii) that mobile source emissions from areas within the state do not contribute significantly to visibility impairment in any of the Grand Canyon visibility transport commission class I areas.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-459 - State plan; carbon emissions from power plants

49-459.
State plan;  carbon emissions from power plants
A. The director,  in consultation with the corporation commission,  and the governing bodies of affected public power entities as defined in section 30-801,  electric utilities regulated by the corporation commission and independently owned electric generation units shall develop,  adopt and enforce a state plan to regulate the emissions of carbon dioxide from existing electric generation units in compliance with rules adopted by the administrator under section 111(d) of the clean air act.
B. The director may participate in one or more full or partial multijurisdictional plans or agreements,  including plans or agreements with Indian tribes,  for the purposes of complying with this section.
C. The director may adopt rules to implement subsection A of this section.
D. Submission of a state plan does not impair the ability of any affected state entity to challenge the lawfulness of the federal regulation of carbon dioxide emissions from existing electric generation units and does not constitute a waiver of any claims.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-460 - Violations; production of records

49-460.
Violations;  production of records
When the director has reasonable cause to believe that any person has violated or is in violation of any provision of this article,  any rule adopted pursuant to this article or any requirement of a permit issued pursuant to this article,  he may request in writing that such person produce all existing books,  records and other documents evidencing tests,  inspections or studies which may reasonably relate to compliance or noncompliance with rules adopted pursuant to this article.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-461 - Violations; order of abatement

49-461.
Violations;  order of abatement
When the director has reasonable cause to believe that any person has violated or is in violation of any provision of this article,  any rule adopted pursuant to this article or any requirement of a permit issued pursuant to this article,  he may serve upon such person by certified mail or in person an order of abatement or may file a complaint in superior court alleging a violation pursuant to section 49-463. The order shall state with particularity the act constituting the violation,  shall state in its entirety the specific requirement,  provision or rule violated,  shall state the duration of the order and shall state that the alleged violator is entitled to a hearing,  if such hearing is requested in writing within thirty days after the date of issuance of the order. The order may be conditional and require a person to refrain from particular acts unless certain conditions are met. An order issued under this section shall require the persons to whom it is issued to comply with the requirement,  provision or rule as expeditiously as practicable. In the case of a source required to obtain a permit pursuant to this article and title V of the clean air act,  the order shall require compliance no later than one year after the date the order was issued and may be renewable for no more than one additional year on a showing of good cause to the director.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-462 - Violations; injunctive relief

49-462.
Violations;  injunctive relief
The attorney general,  at the request of the director,  shall file an action for a temporary restraining order,  a preliminary injunction,  a permanent injunction or any other relief provided by law,  if the director has reasonable cause to believe that any of the following is occurring:
1. A person has violated or is in violation of any provision of this article,  a rule adopted pursuant to this article or a permit issued pursuant to this article.
2. A person has violated or is in violation of an effective order of abatement.
3. A person is creating an imminent and substantial endangerment to the public health or the environment because of a release of a harmful air contaminant,  unless that release is subject to enforcement under title 3,  chapter 2,  article 6.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-463 - Violations; civil penalties

49-463.
Violations;  civil penalties
A. A person who violates any provision of this article,  any permit or permit condition issued pursuant to this article,  any fee or filing requirement,  any rule adopted pursuant to this article,  an effective order of abatement issued pursuant to this article or any duty to allow or carry out inspection,  entry or monitoring activities,  is subject to a civil penalty of not more than ten thousand dollars per day per violation. The attorney general at the request of the director shall file an action in superior court to recover penalties provided for in this section.
B. For purposes of determining the number of days of violation for which a civil penalty may be assessed under this section,  if the director has notified the source of the violation and makes a prima facie showing that the conduct or events giving rise to the violation are likely to have continued or recurred past the date of notice,  the days of violation shall be presumed to include the date of such notice and each day thereafter until the violator establishes that continuous compliance has been achieved,  except to the extent that the violator can prove by a preponderance of the evidence that there were intervening days during which no violation occurred or that the violation was not continuing in nature. Notice under this section is accomplished by the issuance of a notice of violation or order of abatement or by filing a complaint in superior court that alleges any violation described in subsection A.
C. In determining the amount of a civil penalty under this section,  the court shall consider all of the following:
1. The seriousness of the violation.
2. As an aggravating factor only,  the economic benefit,  if any,  resulting from the violation.
3. Any history of that violation.
4. Any good faith efforts to comply with the applicable requirements.
5. The economic impact of the penalty on the violator.
6. The duration of the violation as established by any credible evidence including evidence other than the applicable test method.
7. Payment by the violator of penalties previously assessed for the same violation.
8. Other factors the court deems relevant.
D. All penalties collected pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-465 - Air pollution emergency

49-465.
Air pollution emergency
A. If the director determines that air pollution in any area constitutes or may constitute an emergency risk to the health of those in the area or that national ambient air quality standards are likely to be exceeded,  such determination shall be communicated to the governor. The governor may,  by proclamation,  declare that an emergency exists and may prohibit,  restrict or condition the following:
1. Motor vehicle traffic.
2. The operation of retail,  commercial,  manufacturing,  governmental,  industrial,  or similar activity.
3. Operation of incinerators.
4. The burning or other consumption of fuels.
5. The burning of any materials whatsoever.
6. Any and all other activity which contributes or may contribute to the emergency.
B. If the governor declares that an emergency exists pursuant to subsection A,  the governor shall prohibit,  restrict or condition the employment schedules for employees of this state and its political subdivisions,  and on a voluntary basis only,  may encourage private employers to develop similar work rules to restrict vehicle emissions during air quality emergencies. Any unscheduled leave that an employee of this state or its political subdivisions is required to take because of the prohibition,  restriction or condition shall be leave with pay.
C. Orders of the governor shall be enforced by the department and the state and local police and air pollution enforcement personnel forces. Those authorized to enforce the orders may use reasonable force required in the enforcement of the orders,  and may take reasonable steps required to assure compliance,  including but not limited to the following:
1. Enter upon any property or establishment believed to be violating the order and,  if a request does not produce compliance,  cause compliance with such order.
2. Stopping,  detouring,  rerouting,  and prohibiting vehicle traffic.
3. Disconnecting incinerator or other types of combustion facilities.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-467 - Preservation of rights

49-467.
Preservation of rights
It is the purpose of this article to provide additional and cumulative remedies to prevent,  abate and control air pollution in the state. Nothing contained in this article shall be construed to abridge or alter rights of action or remedies in equity under the common law or statutory law,  criminal or civil,  nor shall any provisions of this article,  or any act done by virtue thereof,  be construed as estopping the state or any municipality,  or owners of land from the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-471.04 - Notice of proposed rule or ordinance making

49-471.04.
Notice of proposed rule or ordinance making
A. Before a board of supervisors acts on a rule or ordinance that is subject to section 49-112,  subsection A or a rule or ordinance that does not otherwise qualify under section 49-471.08,  subsection A,  a control officer shall:
1. Prepare a notice of a proposed rule or ordinance making. The notice shall include both:
(a) A preamble as prescribed in section 49-471.05.
(b) The full text of the rule or ordinance,  including the intended actions to make new sections or amend,  repeal or renumber the sections of the rule or ordinance.
2. Post the notice of the proposed rule or ordinance making on the county's website. On posting,  the control officer shall notify by first class mail,  fax or e-mail each person who has made a timely request to the county for notification of the proposed rule or ordinance making and to each person who has requested notification of all proposed rule or ordinance makings. A county may provide the notification prescribed in this paragraph in a periodic newsletter. A control officer may purge the list of persons who requested notification of proposed rule or ordinance makings once each year by providing notice of the purge in the manner prescribed in this paragraph.
B. Before making,  amending,  repealing or renumbering a rule or ordinance pursuant to section 49-112,  subsection B,  a control officer and board of supervisors shall follow the procedure established in this section or in section 49-471.08.
C. The county may terminate a notice of proposed rule or ordinance making at any time during the rule or ordinance making process and shall publish the notice of termination on the county's website.
D. If the county determines that there is a substantial change between the proposed rule or ordinance making and a final rule or ordinance making,  the county shall prepare a notice of supplemental proposed rule or ordinance making for public review pursuant to the requirements under subsection A,  paragraphs 1 and 2 of this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-471.05 - Contents of preamble

49-471.05.
Contents of preamble
The preamble shall include:
1. Reference to the specific statutory authority for the rule or ordinance.
2. The name and address of county personnel with whom persons may communicate regarding the rule or ordinance.
3. For the proposed rule or ordinance,  a description of the rule or ordinance making process,  including the procedure for requesting an oral proceeding.
4. An explanation of the rule or ordinance,  including the control officer's reasons for initiating the rule or ordinance.
5. A reference to any study that the control officer proposes to rely on in the control officer's evaluation of or justification for the rule or ordinance and where the public may obtain or review the study,  all data underlying the study,  any analysis of the study and other supporting material.
6. An economic,  small business and consumer impact statement that includes those elements prescribed in section 41-1055,  subsections A,  B and C.
7. The proposed effective date of the rule or ordinance.
8. Such other matters as are prescribed by statute and that are applicable to the county or to any specific rule or ordinance or class of rules or ordinances.
9. For a final rule or ordinance,  a list of all previous notices appearing in the register addressing the proposed rule or ordinance and a concise explanatory statement prescribed in section 49-471.07,  subsection B.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-471.06 - Public participation; written statements; oral proceedings

49-471.06.
Public participation;  written statements;  oral proceedings
A. A control officer may informally meet with any interested party to discuss a proposed rule or ordinance making action. A control officer may solicit comments,  suggested language or other input on the proposed rule or ordinance. A control officer may post notice of these meetings on the county's website.
B. For at least thirty days after posting of the notice of the proposed rule or ordinance making on the county's website,  a control officer shall accept written statements,  arguments,  data and views on the preamble and proposed rule or ordinance.
C. A person may request in writing to a control officer,  within thirty days after the posted notice,  an oral proceeding to provide verbal comments on the notice of proposed rule or ordinance making.
D. If a control officer receives a request pursuant to subsection C of this section,  the control officer shall schedule an oral proceeding on the proposed rule or ordinance. A control officer shall prepare a notice of oral proceeding and shall allow for at least thirty days between the date of posting the notice on the county's website and the date of the proceeding. A notice for an oral proceeding may be posted concurrently with a notice inviting comment generally. A control officer shall determine a location and time for the oral proceeding that affords a reasonable opportunity to persons to participate. The oral proceeding shall be conducted in a manner that allows for adequate discussion of the substance and the form of the proposed rule or ordinance,  and persons may ask questions regarding the proposed rule or ordinance and present oral argument,  data and views on the proposed rule or ordinance.
E. A control officer,  or a control officer's designee,  shall preside over an oral proceeding on a proposed rule or ordinance. Oral proceedings shall be open to the public and minutes shall be recorded.
F. The board of supervisors may adopt rules or ordinances for the conduct of oral proceedings.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-471.07 - Time and manner of rule or ordinance making

49-471.07.
Time and manner of rule or ordinance making
A. A board of supervisors may not act on a rule or ordinance until the rule or ordinance making record is closed pursuant to subsection E of this section.
B. A control officer shall prepare a preamble and a concise explanatory statement before submitting a notice of final rule or ordinance or notice of final supplemental rule or ordinance to the board. The concise explanatory statement shall contain:
1. A description of any change between the proposed rule or ordinance,  the final rule or ordinance or notice of final supplemental rule or ordinance.
2. A summary of the comments and arguments for and against the notice and the county's response to the comments and arguments.
C. A final rule or ordinance that is substantially different from the proposed rule or ordinance shall be either resubmitted as a supplemental notice of proposed rule or ordinance making or terminated pursuant to section 49-471.04,  subsections C and D.
D. The following shall be considered to determine whether a final rule or ordinance is substantially different from the proposed rule or ordinance posted on the county's website:
1. The extent to which all persons affected by the rule or ordinance should have understood that the proposed rule or ordinance posted on the county's website would affect their interests.
2. The extent to which the subject matter of the rule or ordinance or the issues determined by that rule or ordinance are different from the subject matter or issues involved in the proposed rule or ordinance posted on the county's website.
3. The extent to which the effects of the rule or ordinance differ from the effects of the proposed rule or ordinance posted on the county's website if it had been made instead.
E. Within one hundred twenty days after the close of the record on the proposed rule or ordinance making,  a control officer shall take one of the following actions:
1. Submit the final rule or ordinance to the board of supervisors for consideration of adoption and a vote.
2. Terminate the proceeding by posting a notice of termination on the county's website.
3. Extend the rule or ordinance making process by making additional changes to the proposal and submitting the changes as a supplemental notice of proposed rule or ordinance making.
F. Before the board of supervisors considers the vote on a final notice pursuant to subsection E,  paragraph 1 of this section,  the board shall place the notice on its meeting agenda. On the board's approval,  a final rule or ordinance is effective on the date the board of supervisors adopts the final rule or ordinance. The board of supervisors may specify a later effective date if the board determines that good cause exists for and the public interest will not be harmed by a later effective date.
G. Within thirty days after adoption by the board of supervisors of the notice of final rule or ordinance,  a control officer shall post the notice on the county's website. The notice shall contain the preamble and text of the final rule or ordinance.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-471.08 - Expedited rule or ordinance making

49-471.08.
Expedited rule or ordinance making
A. The county may conduct expedited rule or ordinance making if a rule or ordinance is made pursuant to section 49-112,  subsection B and the proposed rule or ordinance is a conforming change to directly reflect federal or state rule or law and is not subject to section 49-471.07,  except as otherwise provided in this section and if all of the following requirements are met:
1. The rule or ordinance making is substantially identical to the sense,  meaning and effect of the federal or state rule or law from which it is derived.
2. A control officer makes a written finding setting forth the reasons why the rule or ordinance making is necessary and does not alter the sense,  meaning or effect of the federal or state rule or law from which it is derived.
3. Fees established in the rule or ordinance do not exceed limits specified in section 49-112.
B. If the requirements of subsection A of this section are met,  a control officer shall prepare a notice of expedited rule or ordinance making. The notice shall contain a preamble,  the full text of the proposed rule or ordinance and the written finding required pursuant to subsection A,  paragraph 2 of this section. The control officer shall post the notice on the county's website.
C. For at least thirty days after posting the notice of expedited rule or ordinance making on the county's website,  a control officer shall accept public comment on the expedited rule or ordinance making.
D. Subject to section 49-471.07,  subsections C and D after consideration of any comments,  a control officer shall prepare a preamble to include a summary of the arguments for and against the expedited rule or ordinance making and the county's response to the comments and arguments. A control officer shall submit the expedited rule or ordinance making to the board of supervisors for consideration of adoption and a vote. Before the board of supervisors considers the vote on an expedited rule or ordinance making,  the board shall place the notice on its meeting agenda. On the board's approval the expedited rule or ordinance is effective on the date the board adopts the expedited rule or ordinance.
E. After adoption by the board of supervisors,  a control officer shall post the notice on the county's website. The notice shall contain the full text of the final expedited rule or ordinance and the finding required pursuant to subsection A,  paragraph 2 of this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-471.09 - County rule or ordinance making record

49-471.09.
County rule or ordinance making record
A. A control officer shall maintain for public inspection an archive of a rule or ordinance making record for each proposed rule or ordinance for which a notice is posted on the county's website and each final rule or ordinance posted on the county's website.
B. The county archive of a rule or ordinance making record shall contain all of the following:
1. Copies of all postings on the county's website with respect to the rule or ordinance.
2. All written petitions,  requests,  submissions and comments received by the county and all other written materials considered or prepared by a control officer in connection with the rule or ordinance.
3. Any official transcript of oral presentations made in the proceeding on which the rule or ordinance is based,  and any tape recording or stenographic record of those presentations,  and any memorandum summarizing the contents of those presentations.
4. A copy of any materials,  documents or meeting minutes submitted to the board of supervisors.
5. A copy of the final rule or ordinance adopted by the board of supervisors and the preamble,  concise explanatory statement and response to comments.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-471.10 - Invalidity of rules or ordinances; prohibited agency action

49-471.10.
Invalidity of rules or ordinances;  prohibited agency action
A. Unless otherwise provided by law,  a rule or ordinance is invalid unless it is adopted in substantial compliance with this article.
B. Only the reasons contained in the concise explanatory statement or the preamble may be used by the county as justification for the making of a rule or ordinance in any proceeding in which its validity is at issue.
C. A control officer shall not base an air quality permitting decision in whole or in part on a requirement or condition that is not specifically authorized by a provision of this state's law. No later than September 1,  2000,  each permit shall clearly identify the underlying legal authority for each enforceable provision included in the permit. A general grant of authority in this article does not constitute a basis for imposing a permitting requirement or condition unless a rule or ordinance is adopted pursuant to that general grant of authority that specifically authorizes the requirement or condition.
D. A board of supervisors may adopt a rule or ordinance under a general grant of authority if it does not conflict with a more specific grant of authority.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-471.11 - Substantive policy statements; directory of rules and policy statements

49-471.11.
Substantive policy statements;  directory of rules and policy statements
A. A control officer shall post substantive policy statements pertaining to this article on the county's website.
B. A control officer shall post on the county's website at least annually a directory summarizing the subject matter of all currently applicable rules or ordinances and substantive policy statements pertaining to this article. A control officer shall keep copies of this directory and all of its substantive policy statements at one location. The directory,  rules or ordinances,  substantive policy statements and any materials incorporated by reference in the directory,  rules or ordinances or substantive policy statements shall be open to public inspection at the office of the control officer.
C. On or before June 30 of each year,  a control officer shall certify to the board of supervisors that the county is in compliance with this section.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-471.12 - Petition for rule or ordinance making or review of practice or policy

49-471.12.
Petition for rule or ordinance making or review of practice or policy
Any person,  in a manner and form prescribed by the control officer,  may petition the control officer requesting initiation of rule or ordinance making or review of an existing practice or substantive policy statement. Within sixty days after submission of a written petition,  the control officer shall issue a comprehensive written decision denying or granting the action requested in the petition.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-471.14 - Reporting; compliance with time frames

49-471.14.
Reporting;  compliance with time frames
Beginning on September 1,  2001,  and on or before September 1 of each year thereafter,  each control officer shall report to the control officer's board of supervisors the county's compliance level with overall time frames for the prior fiscal year. The control officer's reports shall include the number of permits issued or denied by the control officer within the applicable time frames.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-471.15 - Administrative appeals

49-471.15.
Administrative appeals
A. A person whose legal rights,  duties or privileges were determined by an appealable agency action or who will be adversely affected by an appealable agency action and who exercised any right to comment on the action provided by law,  rule or ordinance may appeal the action to the air pollution hearing board established pursuant to section 49-478 if the grounds for the appeal are limited to issues raised in that party's comments,  except that administrative appeals of decisions to approve,  deny or revoke a permit,  permit revision or conditional order are governed by sections 49-480.02 and 49-482 and hearings on orders of abatement are governed by section 49-490.
B. A notice of appeal under this section shall be filed with the hearing board within thirty days after the county serves notice of the appealable agency action. The notice of appeal shall identify the party,  the party's address,  the action being appealed and shall contain a concise statement of the reasons for the appeal. The hearing board shall conduct a public hearing on the appeal within the time prescribed by section 49-482.
C. On the concurrence of the control officer and the appealing party,  or if a hearing board is unavailable for any reason,  any appeals under this section may be heard before an administrative law judge pursuant to section 41-1092.01,  subsection J,  and the appeal shall be governed by the procedures prescribed in title 41,  chapter 6,  article 10 and all associated rules adopted by the office of administrative hearings.
D. Under this section,  service of notice of an appealable agency action shall be effected by personal delivery or certified mail,  return receipt requested,  or by any other method reasonably calculated to effect actual notice to the party to the action to the party's last address of record with the control officer.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-472 - Department studies

49-472.
Department studies
Upon the request of any county by its board of supervisors,  the department shall conduct such studies as are requested,  and at the expense of such county,  but limited to the county making the request. Such studies shall be made to determine the nature,  extent,  distribution and sources of air pollution within such county and the possible methods of control and abatement of such pollution within the county making the request. In the conduct of such requested studies the department may seek cooperative arrangements with state universities and other educational institutions of the state,  or with other state departments,  the county,  municipalities or private agencies of any kind which have available facilities or personnel,  or both,  suitable for the conduct of one or more areas of such research,  under the supervision of the department.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-473 - Board of supervisors

49-473.
Board of supervisors
A. The board of supervisors of a county,  in order to conserve and promote the public health,  safety,  and general welfare,  shall within its territorial limits,  or any portion thereof,  investigate the degree to which the atmosphere of the county is contaminated by air pollution and the causes,  sources,  and extent of such air pollution or,  if the state is developing a study in the county pursuant to section 49-424,  cooperate with and assist the state in such a study.
B. The board of supervisors of a county shall authorize or designate an existing department of the county government or establish an air pollution control district to carry out the necessary investigations,  inspections,  and enforcement of any rules and regulations adopted pursuant to this article.
C. The board of supervisors of a county may in lieu of the provisions of subsection B,  in addition to the joint exercise of powers provided for in title 11,  chapter 7,  article 3,  establish a multi-county air quality control region with one or more other counties by agreement with the board of supervisors of such other county or counties,  and contract for the joint administration of this article within such region,  including,  but not limited to,  the joint adoption of regulations and standards and the enforcement thereof by a joint region hearing board. Any region created under this subsection shall be governed by all of the provisions applicable to a county.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-474 - County control boards

49-474.
County control boards
The board of supervisors of each county may authorize the board of health or health department of their respective counties in cooperation with the department of environmental quality to:
1. Study the problem of air pollution in the county.
2. Study possible effects on adjoining counties.
3. Cooperate with chambers of commerce,  industry,  agriculture,  public officials and all other interested persons or organizations.
4. Hold public hearings if in their discretion such action is necessary.
5. The board of supervisors by resolution may establish an air pollution control district.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-474.02 - Voluntary lawn and garden equipment emissions reduction program; criteria

49-474.02.
Voluntary lawn and garden equipment emissions reduction program;  criteria
A. A county with a population of more than five hundred thousand persons according to the most recent United States decennial census shall establish and coordinate a voluntary lawn and garden equipment emissions reduction program. The equipment owner's participation in the program is voluntary. The county may contract with an independent contractor to develop and implement all or any portion of the program. The program shall provide for real and quantifiable emissions reductions. The county shall coordinate the program with any similar programs offered by any person,  organization or business.
B. A person may participate in the program if the lawn or garden equipment starts and is used for residential or commercial purposes.
C. A voucher shall be issued in the amount of $200 to an owner of a commercial lawn mower that is retired and that meets the requirements of this section. The voucher shall be used for the purchase of a lawn mower that generates lower emissions.
D. A voucher shall be issued in the amount of at least $100 to an owner of a residential lawn mower that is retired and that meets the requirements of this section. The voucher shall be used for the purchase of an electric lawn mower.
E. A voucher shall be issued in the amount of at least $50 to the owner of a gasoline-powered lawn or garden device that is retired and that meets the requirements of this section. The voucher shall be used for the purchase of a lawn or garden device that generates lower emissions.
F. Equipment that is retired pursuant to this section shall not be used in this state.
G. The county shall prepare and submit on December 1 of each year a progress report on the voluntary lawn mower emissions reduction program containing at least the following information:
1. The number of lawn mowers and other lawn and garden devices retired by brand and year of manufacture.
2. The cost-effectiveness of the program in terms of dollars spent per ton of emissions reductions.
3. Any recommendations for improving the effectiveness of the program.
4. The administrative costs of the program.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-474.06 - Dust control; subcontractor registration; fee

49-474.06.
Dust control;  subcontractor registration;  fee
A. In 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,  a subcontractor who is engaged in dust generating operations at a site that is subject to a permit that is issued by a control officer and that requires control of PM-10 emissions from dust generating operations shall register with the control officer by submitting information in the manner prescribed by the control officer. The control officer shall issue a registration number after payment of the fee authorized under subsection C.
B. The subcontractor shall have its registration number readily accessible on site while conducting any dust generating operations.
C. The control officer may establish and assess a fee for the registration required under subsection A based on the total cost of processing the registration and issuance of a registration number.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-475 - Powers and duties

49-475.
Powers and duties
The air pollution control district established by the board of supervisors shall have the power to:
1. Have perpetual succession.
2. Sue and be sued in the name of the district in all actions and proceedings in all courts and tribunals of competent jurisdiction.
3. Adopt a seal and alter it at its pleasure.
4. Take by grant,  purchase,  gift,  or lease,  hold,  use,  enjoy,  and to lease or dispose of real or personal property of every kind within or without the district necessary to the full exercise of its powers.
5. Lease,  sell or dispose of any property or any interest therein whenever in the judgment of the air pollution control board such property,  or any interest therein,  or part thereof,  is no longer required for the purposes of the district,  or may be leased for any purpose without interfering with the use of the same for the purposes of the district,  and to pay any compensation received therefor into the general fund of the district.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-476 - Authorization to accept funds or grants

49-476.
Authorization to accept funds or grants
The department of environmental quality,  county health departments,  or boards of supervisors may accept and expend in accordance with the terms of the grant any funds granted to it for research of air pollution by the federal government,  any political subdivision of the state,  any agency or branch of the federal or state governments,  or any private agency.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-478 - Hearing board

49-478.
Hearing board
A. The board of supervisors shall appoint an air pollution hearing board.
B. The hearing board shall consist of five members. The five members shall be knowledgeable in the field of air pollution. At least one member of the board shall be an attorney licensed to practice law in this state. At least three members shall not have a substantial interest,  as defined in section 38-502,  in any person required to obtain a permit pursuant to this article. Each board member shall serve for a term of three years.
C. The hearing board shall select a chairman and vice-chairman and such other officers as it deems necessary.
D. The board of supervisors may authorize compensation for hearing board members,  and may authorize reimbursement for subsistence and travel,  including travel from and to their respective places of residence when on official business.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-479 - Rules; hearing

49-479.
Rules;  hearing
A. The board of supervisors shall adopt such rules as it determines are necessary and feasible to control the release into the atmosphere of air contaminants originating within the territorial limits of the county or multi-county air quality control region in order to control air pollution,  which rules,  except as provided in subsection C shall contain standards at least equal to or more restrictive than those adopted by the director. In fixing such standards,  the board or region shall give consideration but shall not be limited to:
1. The latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on health and welfare which may be expected from the presence of an air pollution agent,  or combination of agents in the ambient air,  in varying quantities.
2. Atmosphere conditions and the types of air pollution agent or agents which,  when present in the atmosphere,  may interact with another agent or agents to produce an adverse effect on public health and welfare.
3. Securing,  to the greatest degree practicable,  the enjoyment of the natural attractions of the state and the comfort and convenience of the inhabitants.
B. No rule may be enacted or amended except after the board of supervisors 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. A county may adopt or amend a rule,  emission standard,  or standard of performance that is as stringent or more stringent than a rule,  emission standard or standard of performance for similar sources adopted by the director only if the county complies with the applicable provisions of section 49-112.
D. All rules enacted pursuant to this section shall be made available to the public at a reasonable charge upon request.
2023 Arizona Revised Statutes › Title 49 - The Environment › § 49-480.01 - Permits; changes within a source; revisions

49-480.01.
Permits;  changes within a source;  revisions
A. The board of supervisors 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 control officer 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. Rules adopted pursuant to this section for title V sources may prescribe a different time limit for notifications associated with emergency conditions.
B. Any permit issued pursuant to section 49-480 may be revised,  revoked and reissued,  or terminated for cause. The filing of a request for a permit revision,  revocation and reissuance,  or a termination,  or a notification filed pursuant to subsection A does not stay any effective permit condition. The control officer may require in writing that the applicant provide within a reasonable time any information that the control officer identifies as necessary for the control officer to determine if cause exists for revising,  revoking and reissuing,  or terminating,  the permit,  or to determine compliance with permit conditions.
C. The board of supervisors shall establish by rule procedures related to public and departmental reviews of changes to a permitted source. The procedures shall impose no greater procedural burden on the permittee than the procedures adopted by the director pursuant to section 49-426.01,  subsection C.