HB 2410
Initials PAB Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: NREW DPA 12-0-0-0
HB 2410: environmental programs; amendments
Sponsor: Representative Griffin, LD 14
House Engrossed
Overview
Makes various changes to several programs administered by the Arizona Department of
Environmental Quality (ADEQ).
History
Dry Wells and the Underground Injection Control Program
Dry wells dispose of storm water but do not include class 1-4 injection wells, which are regulated
under the federal Underground Injection Control Program. Owners must register dry wells with
ADEQ. Additionally, ADEQ can establish standards in rule for these wells which involve aspects
such as design, location and inspection. ADEQ can also take action against those violating
applicable statute or rule (A.R.S. § 49-331 et seq.).
A 2018 law gave ADEQ the authority to develop rules to administer the federal underground
injection control program, which regulates injection wells used for underground discharges of
different types of hazardous and non-hazardous liquid and gas (Laws 2018, Chapter 170).
Clean Air Act
Under the Clean Air Act, the Environmental Protection Agency (EPA) has established National
Ambient Air Quality Standards for six common pollutants, including ozone and particulate pollution
(42 U.S.C. § 7409). Each state must adopt state implementation plans with measures to control
emissions from all major sources in areas that do not comply with these standards. The EPA must
approve these plans (42 U.S.C. § 7410). Unless specifically authorized, Arizona Revised Statute
requires that all state laws, rules and standards are consistent with but not more stringent that
corresponding federal laws and regulations (A.R.S. § 49-104).
The EPA adopted emissions standards for nonroad vehicles and engines based on horsepower
which became effective in the mid-1990s and became increasingly stringent in subsequent years
(40 Code of Federal Regulations Part 1039, Appendix I). As part of a 1997 air quality omnibus,
the Legislature directed ADEQ to adopt emission standards for off road vehicles and engines
marketed in Arizona beginning with the 1999 model year. ADEQ was also required to adopt
emission standards for golf cart engines in Maricopa County (Laws 1997, Chapter 269, § 13).
A 2017 law removed iso-butanol from the list of oxygenates that cannot collectively contribute to
more than 0.10% oxygen by weight in gasoline sold for fueling motor vehicles. It also allowed a
gasoline blend other than a gasoline-ethanol blend to be sold for motor vehicles in the Phoenix
metropolitan area between November 1 and March 31 of each year. However, to become
effective, the EPA needed to approve these proposed changes as part of the state implementation
plan by July 1, 2022 (Laws 2017, Chapter 295). This plan has yet to be approved.
Hazardous Waste Disposal Site
A 1980 law instructed ADEQ to acquire a site in Maricopa County for a hazardous waste disposal
facility and authorized the Arizona Department of Administration (ADOA) to contract for the HB 2410
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development of this facility (Laws 1980, Chapter 119). However, this facility was never created
and the statutes involving this site were repealed in 2021, including provisions that gave ADOA
authority to manage the site as a state-owned property (Laws 2021, Chapter 88, § 17).
Hazardous Waste Management Fee Fund
A 1991 law expanded ADEQ's responsibilities for regulating pollution prevention efforts. It also
appropriated $834,400 to ADEQ from the state General Fund for FY 1992 and required the
agency to remit certain amounts to the State Treasurer in subsequent fiscal years (Laws 1991,
Chapter 315).
The State Board of Technical Registration had a special committee to help investigate and review
drug laboratory remediation complaints. A 2016 law removed these responsibilities from the board
and transferred unencumbered monies from assessments on drug offenses in its fund to the
Hazardous Waste Management Fund. It directed ADEQ to use these monies to remediate several
properties that had been reported to the board before the law's August 6, 2016 effective date
(Laws 2016, Chapter 352).
Miscellaneous Air Quality Programs
The 1996 Arizona Clean Air Act required ADEQ to establish the Technical Assistance Review
Program with the state's universities and the then-Department of Commerce's Energy Office. This
program was designed to help develop innovative technologies that improve air quality by
reducing vehicle emissions. It also created a board to assist with emission certification processes
of the California Air Resources Board and the EPA (Laws 1996, 7
th
Special Session, Chapter 6).
When the Arizona Commerce Authority was created to assume many of the Department of
Commerce's responsibilities, this program was transferred to the Governor's Energy Office (Laws
2011, 2
nd
Special Section, Chapter 1, § 125). This office was disbanded in 2015.
A 2001 law required ADEQ to establish a daily visibility index for evaluating and reporting on
current visibility conditions and progress towards visibility improvement goals in the Phoenix
metropolitan area (Laws 2001, Chapter 371, § 20). This same law allowed an individual to use
ultra low sulfur fuel in vehicles retrofitted with oxidation catalysts and particulate filters in the
Phoenix and Tucson metropolitan areas. It also directed ADEQ to cooperate with manufacturers,
distributors and sellers of this fuel and equipment to determine availability and use of these
technologies in these metropolitan areas (Laws 2001, Chapter 371, § 15).
A 2007 law directed ADEQ to create the Dust-Free Developments Program, which was intended
to recognize entities that have made efforts to reduce airborne dust in Maricopa County and in
the PM-10 non-attainment area containing Apache Junction (Laws 2007, Chapter 292, § 15).
Provisions
Aquifer Protection Permits and Underground Injection Wells
1. Specifies that a general aquifer protection permit for disposing stormwater mixed with other
water from certain man-made water bodies using vadose zone injection wells must have these
wells inventoried consistent with the Underground Injection Control Program under either
state rules approved by the EPA or federal regulations adopted by the EPA. (Sec. 3)
2. Specifies that underground injection well permits are not subject to A.R.S. § 49-224(B), which
requires all aquifers to be classified for drinking water protected use unless that classification
is changed. (Sec. 4)
EPA Approval of Changes to Gasoline Formulation Requirements
3. Delays the deadline for:
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2410
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a) EPA approval of proposed modifications to the gasoline fuel formulation requirements
from July 1, 2022 to July 1, 2024 so that the state statute making these changes can
become effective; and
b) ADEQ to notify Legislative Council on the EPA approval from October 1, 2022 to October
1, 2024. (Sec. 12)
4. Makes Laws 2017, Chapter 295, Sec. 3 as amended by this act retroactive from June 29,
2022. (Sec. 14)
Engine Standards (Sec. 6)
5. Allows, instead of requires, ADEQ to adopt rules for air pollution emission standards for:
a) off-road vehicles and engines marketed in Arizona starting in the 1999 model year; and
b) golf cart engines in Maricopa County.
Diesel Vehicle Low Emissions Incentive Grants (Sec. 7)
6. Removes statutory cross references for the definitions of alternative fuel and cleaning burning
fuel.
Technical Assistance Review (Sec. 8)
7. Allows, instead of requires, ADEQ to develop a program with state's universities to quicken
testing and certification of technologies that reduce vehicle emissions, develop incentives for
technologies that reduce vehicle emissions and create a board to help developers of these
technologies with the emission certification processes.
8. Removes the Governor's Energy Office from the list of entities ADEQ can collaborate with in
developing this program.
Hazardous Waste Management Fee Fund (Sec. 10)
9. No longer allows Hazardous Waste Management Fee Fund monies to be used for:
a) reimbursing appropriations received in FY 1992 to the state General Fund as provided by
law; or
b) remediating properties that have been reported to the State Board of Technical
Registration before August 6, 2016 if there is evidence the property owner did not comply
with state law for removing gross contamination on the property.
Transferring Land to ADOA (Sec. 13)
10. Conveys title to one square mile of property from ADEQ to ADOA on this act's effective date.
11. Directs ADEQ and ADOA to take actions necessary to complete this conveyance of real
property.
12. Exempts this transaction from Title 37, Chapter 4 relating to acquiring real property.
Soil Remediation (Sec. 1)
13. Clarifies that the owner of a property with contaminated soil is required to record a declaration
of environmental use restriction when the owner chooses to leave contamination on the
property which exceeds the applicable residential standards for the property at a site
remediated under programs, settlements or orders administered by ADEQ.
Program Repeals
14. Repeals:
a) Title 49, Chapter 2, Article 8, which regulates dry wells; (Sec. 5)
b) the Dust-Free Developments Program; (Sec. 5)
c) a statute allowing ultra low sulfur diesel fuel in vehicles retrofitted with oxidation catalysts
and particulate filters in the Phoenix and Tucson metropolitan areas; and (Sec. 9) HB 2410
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d) the requirement that ADEQ establish a daily visibility index. (Sec. 11)
Miscellaneous
15. Makes technical and conforming changes. (Sec. 2, 3 and 5)