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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature First Regular Session |
Senate: NREW DP 8-0-1-0 | 3rd Read 30-0-0-0House: NREW DP 10-0-0-0 |
SB 1370: environmental quality; program terminations; repeal
Sponsor: Senator Kerr, LD 13
Caucus & COW
Overview
Repeals the termination dates for several programs that are administered by the Arizona Department of Environmental Quality (ADEQ). Also places the Oil and Gas Conservation Commission within ADEQ and eliminates its termination date.
History
Arizona Department of Environmental Quality and Program Termination Dates
ADEQ was created in 1986 and administers several environmental protection programs, many of which are required by federal law. Although this agency terminates on July 1, 2022 (A.R.S. § 41-3022.20), many of its programs have separate termination dates.
Some of these termination dates have passed but were extended by a July 2020 executive order. Specifically, the Voluntary Remediation Program and Total Maximum Daily Load Program would have terminated on July 1, 2020 (A.R.S. §§ 49-186 and 49-238) and the Monitoring Assistance Program and Safe Drinking Water Program Fund were repealed on December 31, 2020 (Laws 2010, Chapter 277). However, Executive Order 2020-46 extended the termination dates for these programs and fund until March 31, 2021 or when the Legislature takes action to extend or terminate them.
Voluntary Remediation Program
The Voluntary Remediation Program allows someone to submit a work plan to remediate a contaminated site to ADEQ. This work plan includes information on the site, schedule for submitting reports on remediation efforts, and a plan for providing the public with information on these efforts (A.R.S. §§ 49-175 and 49-176). 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 provided the work plan is implemented (A.R.S. § 49-177).
Total Maximum Daily Load Program
The Clean Water Act requires, in part, each state to adopt water quality standards for intrastate waters (33 U.S.C. § 1313(a)) and periodically review these waters to determine compliance with these standards (33 U.S.C. § 1313(d)). ADEQ has adopted these water quality standards in rule (18 A.A.C. 11) and, at least every five years, prepares a list of impaired waters to comply with this requirement (A.R.S. § 49-232(A)). Additionally, as required by the Clean Water Act (33 U.S.C. § 1313(d)), ADEQ establishes total maximum daily loads (TMDLs) for each impaired water which estimate the amount of pollutants this water can receive and still maintain water quality standards. The TMDL is then implemented through permit limitations and ADEQ's Nonpoint Source Program (A.R.S. § 49-231 et seq.).
Monitoring Assistance Program and Safe Drinking Water Program Fund
The federal Safe Drinking Water Act regulates public drinking water systems to ensure that these systems' sources remain safe for human consumption. Arizona and many other states have assumed primary oversight and enforcement responsibility for public drinking water systems within their jurisdiction (42 U.S.C. § 300g-2). Doing so requires, among other things, adopting regulations at least as stringent as national requirements, developing procedures for enforcement (including monitoring and inspections) and conducting inventories of these systems.
ADEQ's 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 contaminants such as volatile organic chemicals, synthetic organic chemicals, inorganic chemicals (except copper and lead) and radiochemicals. The program's costs are paid by the Safe Drinking Water Program Fund, which consists of the first $1.8 million of public water system tax revenue collected (formerly A.R.S. § 49-360).
Vehicle Emissions Inspection Program
The Clean Air Act (42 U.S.C. § 7401 et seq.) protects human health and the environment from air pollution by requiring the EPA to establish National Ambient Air Quality Standards and assigning primary responsibility to the states to enforce compliance with these standards. Each state must adopt a state implementation plan containing measures to control emissions from all major sources in areas that do not comply with these standards. The EPA must approve this plan.
To that end, ADEQ 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. ADEQ has adopted these standards, which are based on the class of vehicle and whether it is located in the Phoenix or Tucson metropolitan area. A vehicle cannot be sold in these metropolitan areas or registered until it has passed an emissions 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). This program 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 (A.R.S. § 27-515). 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 and the State Land Commissioner, who serves as an ex officio member (A.R.S. § 27-514 et seq.). It received administrative and staff support from the Arizona Geological Survey until 2016, when that responsibility was transferred to ADEQ (Laws 2016, Chapter 128). The Commission terminates on July 1, 2022 (A.R.S. § 41-3022.24).
Provisions
Oil and Gas Conservation Commission
1. Establishes the Oil and Gas Conservation Commission within ADEQ. (Sec. 1)
2. Repeals the commission's termination date. (Sec. 3)
Vehicle Emissions Inspection Program
3. Repeals the Vehicle Emissions Inspection Program's termination date. (Sec. 3)
Voluntary Remediation Program
4. Repeals the Voluntary Remediation Program's termination date. (Sec. 4)
Total Maximum Daily Load Program
5. Repeals the Total Maximum Daily Load Program's termination date. (Sec. 5)
Monitoring Assistance Program and Safe Drinking Water Program Fund
6. Reestablishes the Monitoring and Assistance Program and Safe Drinking Water Program Fund. (Sec. 6)
Miscellaneous
7. Contains retroactivity clause of June 30, 2020 for the provisions of the bill that involve the Voluntary Remediation Program, Total Maximum Daily Load Program, the Monitoring Assistance Program and Safe Drinking Water Program Fund. (Sec. 8)
8. Contains an emergency clause. (Sec. 9)
9.
Makes technical
changes and conforming changes. (Sec. 1, 2, 4 and 7)
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13. SB 1370
14. Initials PAB Page 0 Caucus & COW
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