ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
VETOED
FINAL AMENDED
FACT SHEET FOR S.B. 1356
hazardous air pollutants, de minimis
Purpose
Requires the Arizona Department of Environmental Quality (ADEQ) to establish by rule de minimis amounts for federally listed hazardous air pollutants according to specified criteria.
Background
The federal Clean Air Act lists specific pollutants that are considered hazardous air pollutants (HAPs) and directs the U.S. Environmental Protection Agency (EPA) to set standards for all major HAPs sources and some area sources. According to EPA, HAPs are those pollutants that cause or may cause cancer or other serious health effects, such as reproductive effects or birth defects, or adverse environmental and ecological effects. Examples of federally listed HAPs include benzene, which is found in gasoline; perchlorethlyene, which is emitted from some dry cleaning facilities; and methylene chloride, which is used as a solvent and paint stripper by a number of industries.
ADEQ is authorized to develop a state HAPs program and regulate HAPs that are not federally listed. Both state and federal HAPs programs require that if a major source modifies or makes a change in the method of its operation and the change creates more than a de minimis increase in actual HAPs emissions, then HAPs regulation is triggered. For the state HAPs program, ADEQ is directed to adopt rules defining de minimis amounts. ADEQ defines de minimis as the maximum amount that can be emitted without causing an adverse effect to human health or the environment.
De minimis amounts have not been established by EPA for federally listed HAPs. ADEQ is currently in the process of developing rules to establish de minimis amounts for federally listed HAPs. ADEQ and the business community disagree as to whether ADEQ has the authority to establish de minimis amounts for federally listed HAPs.
There is no anticipated fiscal impact to the state General Fund associated with this measure.
Provisions
1. Requires ADEQ to establish by rule de minimis amounts for federally listed HAPs.
2. Requires de minimis amounts for HAPs established by ADEQ to be based on scientifically reliable evidence.
3. Requires ADEQ to rely on technical protocols for developing de minimis amounts.
4. Requires ADEQ to base de minimis amounts on credible medical and toxicological evidence that has been subjected to peer review.
5. Requires evidence to be considered scientifically reliable 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 de minimis amount into the air from regulated hazardous air pollutant sources.
6. Requires the de minimis amount to be set at a level that results in adverse effects to human health or adverse environmental effects from emissions, ambient concentrations, bioaccumulation or deposition.
7. Requires an adequate and reliable methodology to be reasonably available for quantifying the pollutant at the de minimis amount.
8. Makes technical changes.
9. Becomes effective on the general effective date.
Amendments Adopted by House of Representatives
· Adds a purpose statement.
Governor’s Veto Message
The Governor indicates in her veto message that S.B. 1356 conflicts with the HAPs rules promulgated by ADEQ and approved by the Governor’s Regulatory Review Council on April 4, 2006. The Governor also indicates that S.B. 1356 could be construed to obstruct ADEQ’s efforts to regulate toxic air pollutants. Finally, the Governor indicates that the purpose statement in S.B. 1356 is inaccurate and could undermine ADEQ enforcement of the HAPs rules.
Senate Action House Action
NRRA 2/15/06 DP 5-2-0-0 ENV 3/29/06 DPA 4-3-0-2
3rd Read 3/8/06 18-12-0 3rd Read 4/18/06 31-26-3
Final Read 4/26/06 17-13-0
Vetoed by the Governor 5/2/06
Prepared by Senate Research
May 3, 2006
FB/jas