ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: NREW DPA 11-0-0-2-0-0

HB 2456: environmental quality programs; terminations; repeal

Sponsor: Representative Griffin, LD 14

House Engrossed

Overview

Repeals the termination dates for several environmental programs and places the Oil and Gas Conservation Commission within ADEQ.

History

Voluntary Remediation Program

The Voluntary Remediation Program allows someone to submit a work plan to remediate a contaminated site to the Arizona Department of Environmental Quality (ADEQ). This work plan will be approved if ADEQ determines that the proposed remediation is likely to achieve safe levels or controls in a timely manner and comply with applicable laws and regulations. In return, ADEQ will not take any regulatory action against that person if the work plan is implemented (A.R.S. § 49-171 et seq.). This program terminates on July 1, 2020 (A.R.S. § 49-186).

Total Maximum Daily Load Program

Under the Total Maximum Daily Load (TMDL) Program, ADEQ evaluates navigable waters to identify those that do not meet water quality standards. The agency creates TMDL for the out-of-compliance waters that estimates the amount of pollutants these waters can receive and still reach and maintain water quality standards. That TMDL is then implemented through permit limitations and ADEQ's Nonpoint Source Program (A.R.S. § 49-231 et seq.). The program terminates on July 1, 2020 (A.R.S. § 49-238).

Monitoring Assistance Program

The Monitoring Assistance Program helps public water systems comply with the monitoring requirements of the Safe Drinking Water Act by collecting, transporting and analyzing baseline samples from these systems for certain categories of contaminants (A.R.S. § 49-360). It terminates on December 31, 2020 (Laws 2010, Chapter 277).

Vehicle Emissions Inspection Program

The ADEQ Director administers the Vehicle Emissions Inspection Program. Vehicles that are registered in Area A (the Phoenix metropolitan area and parts of Pinal and Yavapai Counties) and Area B (the Tucson metropolitan area), or that are used to commute to workplaces in these areas, must pass annual or biennial inspections to ensure compliance with minimum emissions standards. The ADEQ Director is responsible for adopting these standards, which are based on the class of vehicle and location in the Phoenix or Tucson metropolitan area. A vehicle cannot be sold in these metropolitan areas or registered until it has passed an inspection (A.R.S. § 49-542). Additionally, car dealers in these areas must, under certain circumstances, repair a vehicle, reimburse the buyer for the cost of failed test or enter into an alternative agreement if a vehicle they recently sold fails an emissions test (A.R.S. § 49-542.03). It terminates on July 1, 2022 (A.R.S. § 41-3022.09).

Oil and Gas Conservation Commission

The Oil and Gas Conservation Commission administers and enforces state laws on conservation of oil, natural gas, helium, carbon dioxide and geothermal resources. To those ends, it can issue permits for oil, gas and geothermal wells; monitor and inspect facilities; maintain data on drilling and production; and provide information on exploring and developing these resources. This commission is composed of five members who are appointed by the Governor (A.R.S. § 27-514 et seq.). It terminates on July 1, 2022 (A.R.S. § 41-3022.24).

Provisions

1. Repeals the termination dates for the Voluntary Remediation Program, Total Maximum Daily Load Program, Monitoring Assistance Program, Vehicle Emissions Inspection Program and the Oil and Gas Conservation Commission. (Sec. 3, 4 and 5).

2. Places the Oil and Gas Conservation Commission within ADEQ. (Sec. 1 and 2)

3. Makes technical and conforming changes. (Sec. 1).

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7. Initials PAB House Engrossed

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