ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: NR DP 5-3-0-0 | 3rd Read 16-13-1-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1128: air quality; causation; state boundaries

Sponsor: Senator Carroll, LD 28

Committee on Natural Resources, Energy & Water

Overview

Outlines factors the Director of the Arizona Department of Environmental Quality (ADEQ) must consider when revising the state implementation plan (SIP).

History

ADEQ is responsible for managing state and federal programs related to air, water and land pollution. ADEQ is responsible for administering state environmental laws and shares regulatory responsibility for certain federal programs that have been delegated to the State by U.S Environmental Protection Agency (EPA). (ADEQ)

SIP is the cumulative record of all air pollution strategies, state statutes, state rules and local ordinances implemented under Title I of the Clean Air Act by government agencies within Arizona. The Clean Air Act listed six pollutants in the National Ambient Air Quality Standards (NAAQS), known as "criteria pollutants" in the ambient air. Ambient air refers to the portion of the atmosphere that the general public is exposed to. The six pollutants regulated by the Clean Air Act are: carbon monoxide, nitrogen oxides, sulfur dioxide, lead, ozone and particulate matter. (SIP)

Provisions

1.   Requires the Director of the ADEQ when considering any revisions to the SIP or rules for the adoption of a SIP to consider:

a)   the best interest of the taxpayer; and

b)   all casual factors that affect air quality including the transportation of emissions that are from another domestic state and the effects of solar radiation. (Sec.1)

2.   Prohibits the ADEQ Director from considering emission that originate from outside of the United States. (Sec.1)

3.   Authorizes the Attorney General to file suit on behalf of the state of Arizona against the EPA if the EPA does not approve a demonstration showing that certain areas of the state cannot meet air quality standards due to emissions that originate from outside of the United States. (Sec.2)

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

5.   Contains a Legislative findings and intent clause that addresses emissions standards for the state of Arizona. (Sec.3)

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9.                     SB 1128

10.  Initials CW/TM   Page 0 Natural Resources, Energy & Water

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