House of Representatives

SB 1552

air quality program

Sponsors: Senator Allen, Huppenthal

 

SB 1552 makes various changes to statutes pertaining to air quality control. 

 

History

The Clean Air Act (CAA) was established in 1990 to address the nation’s problems with air pollutants.  Through the CAA, the Environmental Protection Agency (EPA) set primary and secondary standards for the amounts of any pollutant that can be in the air anywhere in the United States.  Currently, there are six criteria pollutants included in the National Ambient Air Quality Standards (NAAQS): carbon monoxide (CO), nitrogen dioxide (NOx), particulate matter (PM-10 and PM-2.5), ozone, sulfur dioxide (SO₂), and lead (PB).

On December 31, 2006, a large portion of Maricopa County and the Apache Junction portion of Area A failed to reach attainment of the federal PM-10 health standards.  The Maricopa Association of Governments (MAG), which is the designated regional agency for air quality, is required to submit a State Implementation Plan (SIP) to the EPA by December 31, 2007 that includes measures to reduce PM-10 emissions over the next three years.  As of May 23, 2007, MAG has suggested 55 measures to reduce PM-10 emissions.  Potential implementing entities for the measures include state, local and county governments and the private sector.  Some of the state measures include a Dust-Free Certification program; paving or stabilizing dirt roads, alleys and shoulders; and banning or discouraging use of leaf blowers on High Pollution Advisory Days (HPA). 

Additionally, on April 15, 2004 the EPA designated Area A as nonattainment for the NAAQS for ozone; the Maricopa County nonattainment area is classified as basic and is required to reach attainment of the standard at all ozone monitors by June 15, 2009.  MAG is also required to submit a SIP to the EPA by June 15, 2007 that demonstrates an approach to reducing the ozone level in the air and emissions of ozone precursors.

The Arizona Department of Environmental Quality estimates that the provisions contained in SB 1552 will reduce PM-10 emissions by 10,425 tons per year, VOC emissions by 12,243 tons per year and NOx by 5,529 tons per year.  According to MAG, the total reduction of PM-10 needed for attainment is 13,782 tons.

 

Area A –  means greater Phoenix metropolitan area, a portion of Apache Junction and a portion of Yavapai County. 

A county with a population of two million or more persons or any portion of a county within an area designated by the EPA as a serious PM-10 nonattainment area or a maintenance area that was designated as a serious PM-10 nonattainment area – Currently, this description means Maricopa County in its entirety and the Apache Junction portion of Area A.

 

Provisions

Unpaved Roads

·          Requires a city or town in Area A and a county which contains any portion of Area A to develop and implement plans to stabilize unpaved roads, alleys and unpaved shoulders on targeted arterials by January 1, 2008.

·          Specifies that the plans of a county which contains any portion of Area A must address the performance goals; the criteria for targeting the roads, alleys and shoulders; a schedule for implementation; funding options; and reporting requirements.

·          Requires a city or town in Area A and a county which contains any portion of Area A  to give priority to:

1. Unpaved roads with more than 100 average daily trips; and
2. Unpaved shoulders on arterial roads where vehicle use is evident or anticipated due to projected traffic volume.

·          Allows counties to use petroleum based or non-petroleum based products in the maintenance and repair of unpaved roads, alleys and shoulders in any county where the control officer certifies that the emissions from such roads, alleys or shoulders may endanger compliance with the NAAQS.

Parking Areas

·          Requires that no later than March 31, 2008, a city and town in Area A, Maricopa County and the Apache Junction portion of Area A, adopt or amend codes or ordinances and, no later than October 1, 2008, commence enforcement of those codes or ordinances as necessary to require dustproof paving methods for the following:

1. Parking, maneuvering, ingress and egress areas at developments other than residential buildings with four or fewer units; and
2. Parking, maneuvering, ingress and egress areas that are 3000 square feet or more in size at residential buildings with four or fewer units.

Vacant Lots

·          Requires that no later than March 31, 2008, a city and town in Area A and a county which contains any portion of Area A, adopt or amend codes or ordinances as necessary to restrict vehicle parking and use on unpaved or unstabilized vacant lots.

·          Requires that no later than March 31, 2008, Maricopa County and the Apache Junction portion of Area A, adopt rule provisions and enforce those rule provisions pertaining to the stabilization of disturbed surfaces of vacant lots no later than October 1, 2008.

·          Stipulates that the county rules must include reasonable written notice to the property owner that the unpaved disturbed surface of a vacant lot is required to be stabilized and must also grant the county authority to enter the lot to stabilize the disturbed surface at the expense of the owner if it has not been stabilized by the day set for compliance.

·          Specifies that vacant lots do not include any site that has been issued a county dust control permit.

·          Defines disturbed surface.

Leaf Blowers

·          Stipulates that beginning on March 31, 2008, employees or contractors of a city or town in Area A or a county which contains any portion of Area A (beginning on the general effective date) are prohibited from operating leaf blowers, except in vacuum mode, on high pollution advisory days.

·          Prohibits employees or contractors of a city or town in Area A or a county which contains any portion of Area A from blowing landscape debris into public roadways at any time.

·          Exempts any site that has been issued a county dust control permit.

·          Requires a city and town in Area A to adopt, implement and enforce an ordinance by March 31, 2008 that bans the blowing of landscape debris into public roadways at any time by any person.

·          Prohibits any person from blowing landscape debris into public roadways in Maricopa County and the Apache Junction portion of Area A after March 31, 2008.

·          Requires that by March 31, 2008, a county that contains any portion of Area A, Maricopa County and the Apache Junction portion of Area A, to adopt, implement and enforce an ordinance that prohibits the operation of leaf blowers, except on surfaces that have been stabilized.

In Maricopa County and the Apache Junction portion of Area A:

·          Requires any person operating a leaf blower for remuneration to successfully complete training approved by the Arizona Department of Environmental Quality (ADEQ) on how to operate a leaf blower in a manner designed to minimize the generation of fugitive dust emissions at least every three years.

·          Specifies that any person required to complete training must complete the initial training no later than December 31, 2008.

·          Requires ADEQ to produce printed materials for persons who sell or rent equipment used for blowing landscape debris for the purpose of educating and informing the user of the equipment on the safe and efficient use of the equipment.

·          Requires any person who rents or sells equipment that is used for blowing landscape debris to provide the buyer or renter of the equipment with the materials approved by ADEQ.

Street Sweepers

·          Requires new or renewed contracts for street sweeping on city streets in a city or town in Area A and in a county which contains any portion of Area A, no later than March 31, 2008, to specify that the street sweepers meet the South Coast Air Quality Management rule pertaining to pick-up efficiency and PM-10 emissions.

Off-Highway Vehicles

·          Requires a city and town in Area A to adopt, implement and enforce an ordinance that prohibits the operation of any vehicle, including an off-highway vehicle (OHV), an all-terrain vehicle (ATV) or an off-road recreation motor vehicle (ORRMV), on an unpaved surface that is not a public or private road, street or lawful easement and that is closed by the landowner.

·          Prohibits a person from operating an OHV, an ATV or an ORRMV on an unpaved surface during any HPA by ADEQ for particulate matter.

·          Exempts the operation of vehicles used in the normal course of business or the normal course of government operations.

·          Clarifies that this does not prohibit or preempt the enforcement of any similar ordinance that is adopted by a city or town in Area A before March 31, 2008 for purposes of dust abatement.

·          Prescribes a Class 3 misdemeanor for a violation of a city or town ordinance prohibiting OHVs on unpaved surfaces.

·          Allows a judge to order a person to perform at least 8-24 hours of community restitution or to complete an approved OHV safety course, or both, in lieu of a fine.

The following provisions apply in Area A:

·          Prohibits a person from operating an OHV, an ATV or an ORRMV, on an unpaved surface that is not a public or private road, street or lawful easement during any high pollution advisory day forecast by ADEQ.

·          Provides exemptions for:

1. An event that is intended for an OHV, an ATV or an ORRMV and that is endorsed, authorized, permitted or sponsored by a public agency, occurs on a designated route or area and includes dust abatement measures at all staging areas, parking areas and entrances;
2. An event that occurs at a facility where an admission or use fee is charged and includes dust abatement measures;
3. A closed course that is maintained with dust abatement measures;
4. An OHV, an ATV or an ORRMV used in the normal course of business or government operations; or
5. Golf carts that are used as part of a private or public golf course.

·          Allows the control officer or other enforcement officer to issue citations and prescribes the following penalties:

1. A warning for the first violation;
2. A civil penalty of $50 for the second violation;
3. A civil penalty of $100 for the third violation; and
4. A civil penalty of $250 for the fourth or any subsequent violation.

 

In Maricopa County and the Apache Junction portion of Area A:

·          Requires ADEQ to produce printed materials, make the material available on ADEQ’s website and distribute the materials to persons who sell or rent OHVs, ATVs or ORRMVs.

·          Specifies that the materials must be designed to educate and inform the user of the vehicle on methods for reducing the generation of dust and dust control ordinances and restrictions.

·          Requires any person who rents or sells OHVs, ATVs or ORRMVs in the normal course of business, other than golf carts, to provide the buyer or renter of the vehicle printed materials that are approved by ADEQ.

Agricultural Best Management Practices

·          Increases the number of agricultural Best Management Practices (BMPs) from one to two and requires that the BMPs be used to demonstrate compliance with the general permit no later than December 31, 2007.

·          Requires the Director of the Agricultural Best Management Practices Committee (Committee) to submit the rule containing the two BMPs to the EPA no later than December 31, 2007.

·          Specifies that the Committee adopt the rules as interim rules in order to comply with the December 2007 deadline imposed by the EPA for PM-10 compliance.

·          Defines regulated area for the purposes of BMPs as Maricopa County.

Dust Control Training and Coordinators

The following provisions apply in Maricopa County and the Apache Junction portion of Area A:

·          Requires that no later than January 1, 2008, the control officer develop and implement basic and comprehensive training programs for the suppression of PM-10 emissions from sources that are subject to a county dust control permit.

·          Allows the county to adopt rules prescribing standards for training.

·          Requires that by December 31, 2008 and at least once every three years thereafter, the following persons successfully complete basic dust control training:

1. The site superintendent or other designated on-site representative of a county dust control permit holder if the site has more than one acre of disturbed surface; and
2. Water truck and water pull drivers.

·          Specifies that the requirements of site superintendents, water truck and water pull drivers do not apply to a permittee that has a single permit for multiple noncontiguous sites that are one acre or less.

·          Specifies that no later than June 30, 2008, a site subject to a county dust control permit of five acres or more of disturbed surface area must have at least one trained dust control coordinator (coordinator) on site at all times during primary dust generating operations.

·          Grants the coordinator full authority to ensure that dust control measures are implemented on site, including conducting inspections, deployment of dust suppression resources and modification or shutdown of activities as needed to control dust.

·          Stipulates that the coordinator must be responsible for managing dust prevention and dust control on the site.

·          Requires that at least once every three years, the coordinator successfully complete a comprehensive dust control class conducted or approved by the appropriate control officer and that the coordinator have a valid coordinator certification on site.

·          States that the requirement to have a coordinator for any site five acres or more and the ability for the coordinator to have full authority lapse if all of the following apply:

1. The area of disturbed surface area is less than five acres;
2. The previously disturbed areas are stabilized in accordance with the requirements of applicable rules; and
3. The permittee provides notice of the acreage stabilized to the control officer.

·          Stipulates that a permittee that has a single permit for multiple noncontiguous sites must have on sites greater than one acre of disturbed surface area at least one designated coordinator.

The following provisions apply in a designated PM-10 nonattainment area:

·          Requires a subcontractor engaged in dust generating operations at a site that is subject to a county dust control permit to register with the control officer.

·          Allows the control officer to establish and assess a fee for subcontractor registration.

·          Requires that the subcontractor have the registration number readily accessible on site.

Voluntary Diesel Retrofit Program

·          Requires a county with a population of more than 400,000 persons to operate and administer a voluntary diesel emissions retrofit program for the purpose of reducing particulate emissions from diesel equipment.

·          Stipulates that the program must allow for extended hours of operation by a modification to an existing permit or provision in a new permit.

·          Requires that the diesel retrofit demonstrate at least a 35 percent reduction in particulate pollution with no increase in the generation or emission of other regulated pollutants.

Covered Loads

·          Exempts minor pieces of agricultural materials such as leaves and stems from agricultural loads and vehicles that drop sufficient sand for the purpose of securing traction or sprinkle water or another substance on a roadway to clean or maintain the roadway.

·          Adds that the covered load requirements are for highway safety or air pollution prevention.

Open and Unlawful Burning

·          Requires a county which contains any part of Area A, on or before October 31, 2007, to prescribe a no burn restriction for any HPA for particulate matter.

·          Stipulates that a fourth or subsequent violation of the no burn restriction is a civil penalty of $250.

·          Prohibits any open outdoor fire in Area A, from May 1 through September 30 each year.

·          Removes fires for recreational purposes from the exemptions of unlawful burning.

·          Requires a county with a population in excess of 1.2 million persons to prohibit by ordinance the use of wood burning chimineas, outdoor fire pits and similar outdoor fires on those days for which the county has issued a No Burn Day Restriction.

·          Increases the fine for open burning from $25 to $500 for the first violation.

Vehicle Emissions

·          Adds the Liquid Fuel Leak Inspection to the Vehicle Emissions Inspection Program.

·          Requires the Director of ADEQ to adopt rules prescribing procedures and standards for the Liquid Fuel Leak Inspection.

Area C

·          Establishes Area C in western Pinal County and requires Area C to use clean burning gasoline (CBG) from May 31^st to September 30^th.

·          Contains conditional enactments based on the EPA approving a revision to the SIP.

Construction Contracts with Public Entities

·          Allows the state, an agency or political subdivision of this state that is party to a construction contract executed prior to the enactment of these air quality control measures to agree to a contract amendment to provide for supplement payments to reimburse the contractor for the costs incurred solely and directly as a result of new dust control standards.

·          Requires that any invitation to bid or request for proposals for a construction project in Area A issued by this state, an agency or political subdivision of this state, address compliance with all dust control requirements applicable to the project.

·          Includes a delayed repeal date of September 30, 2009.

Dust-Free Developments Program

·          Requires ADEQ to develop the Dust-Free Developments Program (Program).

·          Requires that the Program include a voluntary certification process based on criteria developed by ADEQ.

·          Stipulates that any person or entity may apply for certification under the Program, and if approved, may lawfully use a certification, seal, logo or other similar indicator established by ADEQ for promotional, civic, public relations or public involvement purposes.

·          Stipulates that the Program does not include a specific expiration date.

Reporting Requirements

·          Requires any city, town and county located in a PM-10 nonattainment area to submit reports on particulate enforcement to the Joint Legislative Budget Committee (JLBC) on June 1 and December 1 of 2008 and 2009.

·          Specifies that the reports must include the following information:

1. The number of notices of violation issued, fines or penalties assessed or other sanctions imposed for particulate violations.
2. The number of inspectors or other enforcement personnel employed for purposes of enforcing statutes, rules or ordinances related to particulates.
3. The number of miles of streets, roads, alleys, shoulders and vacant areas paved or otherwise stabilized.
4. Any other information relevant to the enforcement of particulate measures.

State Air Quality Study Committee

·          Creates the State Air Quality Study Committee consisting of 10 legislators and states that its purpose is to examine and make recommendations for current and future compliance with primary NAAQS.

·          Outlines the duties of the State Air Quality Study Committee which include submitting a report to the Legislature.

·          Contains a delayed repeal date from and after December 31, 2009.

Motor Fuels Emissions Studies

·          Requires ADEQ to evaluate the Coordinating Research Council study E-74b and to receive comments from the Department of Weights and Measures, any trade organizations representing automobile manufacturing, ethanol producers and marketers, petroleum refiners, suppliers, distributors and marketers, and other interested parties.

·          Stipulates that ADEQ must consider providing additional research and cooperating to design and conduct any additional studies.

·          Specifies that if funding is made available and it is determined that additional research is necessary, ADEQ must work with the Department of Weights and Measures to develop and implement research that would complement and incorporate the Coordinating Research Council study E-74b regarding Reid vapor pressure and oxygen content effects on emissions.

·          Stipulates that ADEQ must submit its evaluation of the Coordinating Research Council study E-74b to the Legislature by February 15, 2008.

·          Requires that ADEQ submit a report of all of the findings and recommendations to the State Air Quality Study Committee by September 1, 2008.

Miscellaneous

·          Adds that the work hours of municipal employees in a city or town with a population of 50,000 persons or more be adjusted in order to reduce ozone and particulate matter concentrations caused by vehicular travel.

·          Stipulates that if the Director of ADEQ determines that progress or attainment will not be achieved in order to achieve or maintain NAAQS or other air quality standards applicable to ozone precursors, the county must adopt rules necessary to achieve progress or attainment.

·          Requires emissions reductions for the 8-hour ozone standard be achieved by December 31, 2008.

·          Makes technical and conforming changes.

 

 

 

 

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Forty-eighth Legislature

First Regular Session  2          June 27, 2007

 

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