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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
environmental quality; program terminations; repeal
Purpose
An emergency measure that reinstates the Monitoring Assistance Program (MAP) and eliminates the sunset date for certain programs under the jurisdiction of the Arizona Department of Environmental Quality (ADEQ). Transfers the administration of the Oil and Gas Conservation Commission (Commission) to ADEQ.
Background
Monitoring Assistance Program (MAP)
The MAP was created by the legislature in 1998 from the previously existing Centralized Monitoring Program to allow ADEQ to assist public water systems in complying with the Federal Safe Drinking Water Act. In 2010, the Legislature continued the MAP until January 1, 2021.
Oil and Gas Conservation Commission (Commission)
The Commission consists of the State Land Commissioner and five members appointed by the Governor. The Commission administers and enforces the law relating to the conservation of oil and gas. ADEQ statutorily provides support staff for the Commission. Under current statute, the Commission terminates on July 1, 2022 (A.R.S §§ 41-3022.24, 27-514 & 27-515).
Vehicle Emissions Inspection Program (VEIP)
The VEIP allows the ADEQ Director to adopt minimum emissions standards, oversee the state's annual or biennial emissions inspection program and provides for vehicle inspections at official emissions inspection stations, fleet emissions inspection stations or remote vehicle inspection. Under current statute, the VEIP terminates on July 1, 2020 (A.R.S §§ 49-542 & 41-3022.09).
Voluntary Remediation Program (VRP)
Facilities and sites voluntarily investigate and clean up contaminated soil and groundwater sites in cooperation with ADEQ. The VRP allows site owners or operators to submit applications detailing proposed remediation efforts for contaminated sites to ADEQ. ADEQ reviews proposed voluntary remedial actions and determines if no further action is required after successful site cleanup. In return for cooperation and proper remediation as approved by the Director, ADEQ foregoes enforcement activity at the site. Under current statute, the VRP terminates July 1, 2020 (A.R.S §§ 49-174, 49-175, 49-181 & 41-3102).
Total Maximum Daily Load Program (TMDLP)
The TMDLP allows the adoption of total maximum daily load implementation plans, written strategies to implement a total maximum daily load for impaired water to meet requirements from the Clean Water Act. The plans may rely on the following to achieve applicable surface water quality standards: 1) permit limitations; 2) best management practices; 3) education and outreach efforts; 4) technical assistance; 5) cooperative agreements voluntary measures and incentive-based programs; 6) load reduction resulting from other legally required programs or activities; 7) land management programs, pollution prevention planning; and 8) waste minimization or pollutant trading agreement. Under current statute, the TMDLP terminates July 1, 2020 (A.R.S §§ 49-231 & 49-238).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
MAP
1. Reinstates the requirement that ADEQ establish the MAP to assist public water systems in complying with federal monitoring requirements, the Monitoring Assistance Fund, the Safe Drinking Water Program Fund and the following requirements for the MAP:
a) that the MAP provide for the collection, transportation and analysis of baseline samples from public water systems in a frequency sufficient to keep the systems in compliance with the federal Safe Drinking Water Act;
b) that the MAP include monitoring for volatile organic chemicals, synthetic organic chemicals, inorganic chemicals except for copper and lead, and radiochemicals;
c) that ADEQ contract with one or more private parties or statewide nonprofit organizations representing water systems to implement the MAP subject to available funding;
d) that MAP contracts be awarded for up to three years and the permissible entities with which ADEQ may contract for the MAP;
e) that ADEQ use licensed environmental laboratories or laboratories certified and designated by the U.S. Environmental Protection Agency to analyze samples collected under the MAP and the requirement that ADEQ establish criteria for measuring contractor qualifications and performance;
f) that each contracted environmental laboratory deliver copies of the analysis results to the water system owner, the MAP contractor and ADEQ;
g) that the Director of ADEQ establish fees for the MAP to be collected from all public water systems serving up to 10,000 persons and that the participating water systems remit the fees to ADEQ for deposit in the Monitoring Assistance Fund;
h) that the Director of ADEQ administer the Monitoring Assistance Fund and that any fund monies in excess of $200,000 after the execution of the previous year's contract be used to reduce the program fee for the subsequent year;
i) that the Director of ADEQ administer the Safe Water Drinking Fund;
j) that ADEQ adopt rules for the MAP; and
k) the declaration that a MAP site visit is not regarded as an inspection or investigation and site visits do not authorize enforcement actions.
ADEQ Existing Programs
2. Eliminates the sunset dates for the TMDLP and VRP, retroactive to July 1, 2020.
3. Eliminates the sunset dates for the VEIP and the Commission.
4. Transfers administration and staff support responsibilities of the Commission to ADEQ.
Miscellaneous
5. Makes technical and confirming changes.
6. Becomes effective on signature of the Governor, if the emergency clause is enacted, and retroactive as noted.
Amendments Adopted by Committee of the Whole
· Makes a technical change.
Senate Action
NREW 2/3/21 DP 8-0-1
Prepared by Senate Research
February 17, 2021
KN/gs