ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	House: NREW DP 9-0-0-1 | 3^rd Read 60-0-0-0 Senate: NREW DP 7-0-0-0 | 3^rd Read 24-4-2-0

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HB2216: hazardous air pollutants program

Sponsor: Representative Griffin, LD 19

Transmitted to the Governor

Overview

Removes the requirement that the Arizona Department of Environmental Quality run a state program to regulate hazardous air pollutants.

History

The Clean Air Act directs the Environmental Protection Agency (EPA) to regulate hazardous air pollutants, which are known or suspected to cause cancer, serious health effects, or adverse environmental effects. There are 188 of these pollutants, which include asbestos and lead compounds (42 U.S.C. § 7412). As part of its regulatory responsibilities, the EPA has established national emissions standards for sources of these pollutants (40 Code of Federal Regulations Part 61). The EPA may delegate some or all implementation and enforcement authority to a state program if this program receives EPA approval and is at least as stringent as federal regulations. A state that does not develop its own program must still comply with the federal emissions standards (42 U.S.C. § 7412).

In 1992, the Legislature directed the Arizona Department of Environmental Quality (ADEQ) to create a state program to regulate hazardous air pollutants, thereby allowing it to assume enforcement responsibilities in line with the Clean Air Act's requirements (Laws 1992, Chapter 299). ADEQ adopted rules for this program in 2006 (12 Arizona Administrative Register 1953). As part of a lawsuit settlement and orders from the Maricopa County Superior Court in 2010, two parts of these rules were held to be beyond ADEQ's statutory authority. These rules expired as part of the Governor's Regulatory Review Council's five-year review of rules in 2016 (23 Arizona Administrative Register 135 and A.R.S. § 41-1056).

Provisions

1. Removes the requirement that ADEQ run a state program to regulate hazardous air pollutants.

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5.                   HB 2216

6. Initials PAB/AH     Page 0 Transmitted

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