ARIZONA STATE SENATE
Forty-eighth Legislature, First Regular Session
FINAL AMENDED
FACT SHEET FOR S.B. 1552
air quality program
Purpose
Makes changes to statutes related to air quality control, including leaf blower restrictions, paving and stabilization requirements, no burn restrictions, dust control coordinator requirements, off-highway vehicle restrictions and establishment of a new Area C.
Background
The Clean Air Act, originally signed into law in 1963, was amended in 1990 to establish two levels of National Ambient Air Quality Standards (NAAQS). Under the amendments, the United States Environmental Protection Agency (EPA) established standards for carbon monoxide, nitrogen oxides, lead, sulfur dioxides, ozone and particulates. These NAAQS prescribed maximum levels of pollutants in the air to protect human health and to protect plants and animals. Most major metropolitan areas were designated as nonattainment areas for one or more of the NAAQS, which means that the pollution levels exceeded the amounts allowed by the standards. There are different levels of nonattainment based on how much the standards are exceeded. For example, the Maricopa PM-10 Nonattainment Area, which includes the Phoenix Metropolitan Area, is designated as “serious” in its exceedences of particulate matter with a diameter less than or equal to 10 microns (PM-10).
The Clean Air Act Amendments of 1990 also required states to create State Implementation Plans (SIP), which establishes measures that will be taken to reduce emissions and attain acceptable air quality standards. There are monitors located throughout the nonattainment areas to measure pollution levels, and based on the readings the EPA can determine if the measures are reducing pollution in the area. Based on PM-10 exceedences recorded at the monitoring stations in Area A, which includes the majority of the Maricopa PM-10 Nonattainment Area and additional outlying areas, the state must submit a Five Percent Plan to the EPA, by December 31, 2007, with additional measures to reduce emissions by five percent per year until the PM-10 standard is attained, which will be when there are no recorded exceedences in the nonattainment area for three consecutive years.
There is no anticipated fiscal impact to the state General Fund as a result of this legislation.
Provisions
Leaf Blower Restrictions
1. Requires cities, towns and counties in Area A to prohibit the use of leaf blowers by employees or contractors except in vacuum mode on a high pollution advisory (HPA) day forecast by the Arizona Department of Environmental Quality (ADEQ). (Beginning on the effective date for counties and March 31, 2008, for cities.)
2. Prohibits using leaf blowers in Area A to blow debris into the street at any time by any person. (Beginning March 31, 2008.)
3. Prohibits the operation of leaf blowers except on stabilized surfaces in Area A. Stabilization methods are as outlined. (Beginning March 31, 2008.)
4. Requires any person who receives payment for services relating to operating a leaf blower in Maricopa County and the portion of Apache Junction located in Area A to complete training once every three years on how to operate a leaf blower in a manner to reduce generation of dust emissions. The courses must be approved by ADEQ and the courses must be completed before October 31, 2008.
5. Requires ADEQ to produce printed materials designed to educate and inform users of leaf blower equipment on safe and efficient use of the equipment and any person who rents or sells leaf blower equipment in Maricopa County and the portion of Apache Junction located in Area A must provide the information to the buyer or renter.
Paving and Stabilization Requirements
6. Requires cities, towns and counties in Area A to develop plans to pave or stabilize targeted unpaved roads, alleys and unpaved shoulders on targeted arterials beginning January 1, 2008. Priority must be given to: a) unpaved roads with more than 100 average daily trips and b) unpaved shoulders where vehicle use is evident.
7. Stipulates that cities in Area A and in Maricopa County and the portion of Apache Junction located in Area A must adopt or amend (by March 31, 2008) and enforce ordinances or codes as necessary to require dustproof paving methods for the following:
a) parking, maneuvering, ingress and egress areas at commercial developments with four or fewer units. (Enforcement beginning October 31, 2008.)
b) parking, maneuvering, ingress and egress areas 3000 ft2 in size at residential developments with four or fewer units. (Enforcement beginning October 31, 2009.)
8. Requires cities, towns and counties in Area A to adopt codes or ordinances to restrict vehicle parking and use on unpaved or unstabilized vacant lots. (Beginning March 31, 2008.)
9. Authorizes a county board of supervisors to use petroleum or nonpetroleum based products to maintain and repair unpaved roads, alleys and shoulders in any county where the control officer certifies that emissions may endanger compliance with NAAQS.
10. Authorizes Maricopa County and the portion of Apache Junction located in Area A to adopt rule provisions (by March 31, 2008) and commence enforcement (by October 1, 2008) of those rules relating to the stabilization of vacant lots. The county must provide sufficient notice to the owner that the lot is required to be stabilized and, if the owner does not comply within the 30-day notice period, the county may enter the property and stabilize the lot at the owner’s expense.
Off-Highway Vehicle Restrictions
11. Requires cities and towns in Area A to adopt and enforce an ordinance by March 31, 2008, to prohibit the operation of a vehicle, including an off-highway vehicle (OHV), an all-terrain vehicle (ATV) or an off-road recreational motor vehicle (ORRMV), on an unpaved surface (except public or private roads, streets and easements) that is closed by the landowner, by rule or regulation or by posting if the land is private.
12. Establishes a class 3 misdemeanor for violating a city or town ordinance prohibiting off-road vehicles on unpaved surfaces. A person may be ordered to perform community service (8-24 hours) or complete an off-highway vehicle safety course in addition to or in lieu of a fine.
13. Stipulates that the OHV ordinance does not prohibit or preempt the enforcement of a similar ordinance adopted by a city or town before March 31, 2008.
14. Prohibits a person from operating an OHV, an ATV or an ORRMV on an unpaved surface in Area A during any HPA day for particulate matter as forecast by ADEQ.
15. Exempts OHVs, ATVs and ORRMVs used for business purposes and golf carts used at a golf course and also exempts certain events and closed courses from HPA day restrictions.
16. Outlines penalties for violations of HPA day restrictions as follows:
a) a warning for the first violation.
b) a civil penalty of $50 for the second violation.
c) a civil penalty of $100 for the third violation.
d) a civil penalty of $250 for the fourth and any subsequent violation.
17. Requires ADEQ to develop, distribute and post to the ADEQ website informational material to persons who sell or rent OHVs to educate and inform the user of the vehicle on methods for reducing the dust generation and applicable ordinances and restrictions. OHV, ATV and ORRMV sellers and rental companies in Area A, except for golf carts, must provide the information to the renter or buyer.
Dust Coordinator Requirements
18. Requires a control officer in Area A to develop and implement basic and comprehensive training programs for the suppression of PM-10 emissions.
19. Requires that site superintendents or other on-site representatives on a PM-10 permitted site of more than one acre of disturbed surface area, except Utilities General Permit sites, and water truck and water pull operators must receive basic training by December 31, 2008, and subsequently every three years.
20. Requires dust control coordinators to complete a comprehensive dust control class every three years and have certification of completion of the course readily available when on site.
21. Requires a dust control coordinator on: a) sites of five acres or more of disturbed area that are subject to a PM-10 emissions permit or b) sites of one acre or more of disturbed area that are required to obtain a Utilities General Permit.
22. Stipulates that a dust control coordinator is authorized to ensure that dust control measures are implemented on site and is responsible for managing dust prevention and dust control on the site, including the authority to modify or shut down activities as needed to control dust.
23. Outlines the conditions that must be met in order for the requirement at a site of five acres or more to have an onsite dust control coordinator lapse, including:
a) reduction of the disturbed area to less than five acres.
b) stabilization of previously disturbed areas.
c) notification to the control officer of the acreage reduced.
24. Requires subcontractors on a site that is subject to a PM-10 permit to register with the control officer. The control officer may charge a fee for services.
Fuel Requirements
25. Establishes a new Area C consisting of the portion of Pinal County lying west of Range 11 East, excluding the portion of the county within Area A and the portion of the county within the jurisdiction of any Indian tribe.
26. Requires clean burning gasoline in Area C during the summer months of May 31 through September 30, conditionally enacted based on EPA approval of the revision of the SIP.
27. Establishes the ten-member State Air Quality Study Committee for the purpose of examining and making recommendations for current and future compliance with primary national ambient air quality standards. The duties and responsibilities of the committee are outlined, including submitting a report to the Legislature by December 31, 2009.
28. Requires ADEQ to evaluate the Coordinating Research Council study E-74b and receive comments from certain specific entities. If funding is available, ADEQ must 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 of 1994 and newer light duty vehicles. ADEQ must submit a report to the Legislature by February 15, 2008, for referral to the appropriate standing committees and by September 1, 2008, to the State Air Quality Study Committee and the Governor.
29. Establishes a delayed repeal of the State Air Quality Study Committee of December 31, 2009.
No Burn Restrictions
30. Prohibits open outdoor fires in Area A from May 1 through September 30 each year. Requires a county with a population exceeding 1,200,000 persons to adopt an ordinance to prohibit the use of wood burning chimineas, outdoor fire pits and similar outdoor fires on days that the county has issued a no burn day restriction.
31. Removes the exclusion for fires used for recreational purposes from laws prohibiting all open outdoor fires.
32. Requires counties that contain any portion of Area A to include a no burn restriction in their ordinances for HPA days as forecast by ADEQ for particulate matter.
33. Revises civil penalties for no burn restrictions as follows:
a) $250 for the fourth or any subsequent violation of no burn restrictions on HPA days as forecast by ADEQ for particulate matter.
b) eliminates the cap of $25 on civil penalties imposed on first-time violators of open burning restrictions and establishes an initial civil penalty of $500.
Miscellaneous
34. Stipulates that cities, towns and counties in Area A must require new or renewed contracts for street sweeping on city streets to be conducted with street sweepers that meet specific standards for pick up efficiency and PM-10 emissions. (Beginning on the effective date for counties and March 31, 2008, for cities and towns.)
35. Clarifies that certain provisions, including leaf blower restrictions and paving requirements, do not apply to any site that has a permit issued by a control officer.
36. Establishes a voluntary diesel retrofit program for permitted diesel equipment that allows for extra hours of operation for the owner based on the calculated emissions reduction achieved by the retrofit, but must achieve at least 35 percent emissions reduction.
37. Requires a liquid leak inspection on a biennial basis in addition to any required vehicle emissions inspection if the vehicle was manufactured after the 1974 model year and is not a diesel vehicle.
38. Requires all vehicles driving on a highway to be constructed or loaded in a manner to prevent any of its load from dropping, sifting, leaking or otherwise escaping from the vehicle. There are exceptions outlined for sand and water dropped for traction or cleaning purposes and for minor pieces of agricultural loads.
39. Requires ADEQ to establish the Dust-free Developments Program to certify that a person or entity in Maricopa County and the portion of Apache Junction located in Area A has demonstrated an exceptional commitment to the reduction of airborne dust. A person may apply for certification and, if approved, use a certification, seal, logo or other indicator established by ADEQ as promotional material.
40. Increases the number of agricultural best management practices (BMPs) that are required from one to two and expands the applicable area for the agricultural BMPs to the Maricopa PM-10 Particulate Nonattainment Area and any portion of Maricopa County within Area A.
41. Allows the state or an agency or political subdivision of the state to agree to a contract amendment for any contract entered into before the enactment of air quality control measures to provide for supplemental payments to reimburse the contractor for costs incurred as a result of new dust control requirements.
42. Requires cities, towns and counties in the PM-10 nonattainment area to submit reports to the Joint Legislative Budget Committee (JLBC) with information on notices of violation, the number of inspectors employed and the miles of roads paved.
43. Adds a deadline for achieving emissions reductions for the eight-hour averaged ozone standards of December 31, 2008.
44. Makes technical and conforming changes.
45. Becomes effective on the general effective date, except as noted.
Amendments Adopted by Committee
1. Eliminated tilling prohibitions, cumulative impact modeling requirements and an expansion of Area A and Area B.
2. Includes leaves and stems in the items exempted from covered load requirements.
Amendments Adopted by House of Representatives
1. Requires ADEQ to establish and distribute informational material on leaf blower equipment.
2. Establishes the Dust-free Developments Program.
3. Establishes OHV restrictions on HPA days.
Amendments Adopted by Conference Committee
1. Expands leaf blower restrictions.
2. Requires paving and stabilization of roads, shoulders and vacant lots.
3. Expands OHV restrictions.
4. Requires training for site superintendents and registration for subcontractors.
5. Requires a dust coordinator on sites of five acres or more.
6. Establishes a new Area C and requires clean burning gasoline (CBG) in summer months in Area C.
7. Creates the State Air Quality Study Committee and requires ADEQ to perform additional research on winter time CBG.
8. Requires counties to establish voluntary diesel retrofit programs.
9. Increases the number of agricultural BMPs from one to two.
10. Requires reports to JLBC.
11. Allows for revision of contracts based on increased costs.
Senate Action House Action
NRRA 2/7/07 DPA 5-2-0-0 ENV 3/28/07 DPA 8-0-0-2
3rd Read 3/15/07 25-1-4-0 3rd Read 4/9/07 35-21-4-0
Final Read 6/19/07 23-3-4-0 Final Read 6/20/07 47-8-5-0
Signed by the Governor 7/2/07
Chapter 292
Prepared by Senate Research
July 19, 2007
MG/jas