HB 2216
Initials PAB/AH Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: NREW DP 9-0-0-1
HB2216: hazardous air pollutants program
Sponsor: Representative Griffin, LD 19
Caucus & COW
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.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note