SB1699 - 571R - Senate Fact Sheet

Purpose

Establishes the Air Quality Permitting Coordination Committee (Committee). Requires the Committee to meet quarterly to review the air quality permits and practices issued by each entity, ensure air quality permit consistency across each jurisdiction and share best practices on air quality issues. Requires the Arizona Department of Environmental Quality (ADEQ) and each county that issues air quality permits, by January 1, 2026, to review air quality permits issued by ADEQ or a county in Arizona.

Background

ADEQ has the original jurisdiction over such sources, permits and violations that pertain to: 1) major sources in any county that have not received approval from the Administrator of the U.S. Environmental Protection Agency (Administrator) for new source review under the federal Clean Air Act and prevention of signification deterioration under the federal Clean Air Act; 2) air pollution by portable sources; 3) air pollution by mobile sources for the purpose of regulating those sources consistent with the federal Clean Air Act; and 4) sources that are subject to Title V of the federal Clean Air Act and that are located in a county for which the Administrator has disapproved of that county's Title V permit program if ADEQ has a title V program that has been approved by the Administrator (A.R.S. § 49-402).

Title V of the federal Clean Air Act outlines the Operating Permits Program which was established to uniformly limit the emissions from major sources of criteria air pollutants throughout the United States. Under Title V, all major sources must apply to the state in which the source resides for an air quality control permit. These sources must submit plans showing compliance with all applicable federal Clean Air Act regulations. The state must then review the plans and application for compliance and subsequently draft a permit for review by the appropriate regulatory agencies and the U.S. Environmental Protection Agency. Arizona has received approval for the federal Title V Clean Air Act Operating Permits Program (ADEQ).

Source is any building, structure, facility or installation that may cause or contribute to air pollution or the use of which may eliminate, reduce or control the emission of air pollution (A.R.S. § 49-401.01).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Establishes the Committee consisting of the following members:

a) the Director of the ADEQ or the Director's designee;

b) the Director of the Maricopa County Air Quality Department or the Director's designee;

c) the Director of the Pima County Department of Environmental Quality or the Director's designee; and

d) the Director of the Pinal County Air Quality or the Director's designee.

2. Requires the Committee to meet quarterly to:

a) review the air quality permits and practices issued by each entity;

b) ensure air quality permit consistency across each jurisdiction; and

c) share best practices on air quality issues.

3. Requires the Committee, by December 31, 2026 and annually thereafter, to submit a report of the Committee's activities, findings and recommendations for administrative or legislative action to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Chairperson of the Senate Natural Resources Committee and the House of Representatives Natural Resources, Energy and Water Committee, or their successor committees, and provide a copy of the report to the Arizona Secretary of State.

4. Requires ADEQ and each county that issues air quality permits, by January 1, 2026, to review air quality permits issued by ADEQ or a county in Arizona.

5. Requires ADEQ and each county that issues air quality permits, by July 1, 2026, to:

a) adopt equivalent general air quality permits for any source category in the entity's jurisdiction if all of the following conditions apply:

i. another county authority or ADEQ issues a general permit for the source;

ii. there are three or more potential qualifying sources in the entity's jurisdiction; and

iii. the entity does not already have a general permit for the source;

b) adopt general air quality permits for the following source categories if there are more than three potential qualifying source facilities in the entity's jurisdiction and the entity does not already have a general permit for the source:

i. aggregate processing operations;

ii. bulk gasoline facilities;

iii. cotton gins;

iv. grain operations;

v. internal combustion engines in nonemergency vehicles;

vi. landfill operations;

vii. mineral processing operations;

viii. oil and gas facilities;

ix. printing operations;

x. remediation projects; and

xi. wood processing operations;

c) develop and publish plantwide applicability limits guidance for facilities emissions; and

d) develop and publish general air quality permits guidance.

6. Requires each entity to publish the plantwide applicability limits guidance on the entity's website and provide a copy to any person on request.

7. Requires the plantwide applicability limits guidance to:

a) reference and incorporate relevant portions of the U.S. Environmental Protection Agency Plantwide Applicability Limit Guidance dated August 4, 2020;

b) describe the process for determining plantwide applicability limits; and

c) promote consistency across all jurisdictions.

8. Requires each entity to publish the general air quality permits guidance on the entity's website, identify and notify any potential facility that may qualify for a general permit, provide individual consultation on request and provide a copy to any person on request.

9. Requires the general air quality permits guidance to:

a) ensure consistent formatting and terminology for all general permits;

b) specify any applicable state implementation plan-approved rules;

c) include clear eligibility criteria; and

d) outline a standardized monitoring procedure.

10. Requires the Committee to include information on the following in the Committee's outlined annual report:

a) progress on general air quality permits standardization;

b) plantwide applicability limits program implementation; and

c) recommendations for future actions on plantwide applicability limits and the standardization of general air quality permits.

11. Repeals the requirements relating to the review of air quality permits for ADEQ and each county that issues air quality permits on January 1, 2028.

12. Becomes effective on the general effective date.