| 71 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 49, chapter 3, article 1, Arizona Revised Statutes, is amended by adding section 49-414, to read: START_STATUTE49-414. Air quality permitting coordination committee; annual report A. The air quality permitting coordination committee is established consisting of the following members: 1. The director of the Department of environmental quality or the director's designee. 2. The director of the Maricopa county air quality department or the director's designee. 3. The director of the Pima county department of environmental quality or the director's designee. 4. The director of the Pinal county air quality or the director's designee. B. The committee shall meet quarterly to do all of the following: 1. Review the air quality permits and practices issued by each entity. 2. Ensure air quality permit consistency across each jurisdiction. 3. Share best practices on air quality issues. C. On or before December 31, 2026 and annually thereafter, the committee shall 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, 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 this report to the secretary of state. END_STATUTE Sec. 2. Air quality emissions; general permits; plantwide applicability; rules; delayed repeal A. On or before January 1, 2026, the department of environmental quality and each county that issues air quality permits shall review air quality permits issued by the department of environmental quality or a county in this state. B. On or before July 1, 2026, the department of environmental quality and each county that issues air quality permits shall: 1. Adopt equivalent general air quality permits for any source category in the entity's jurisdiction if all of the following conditions apply: (a) Another county authority or the department of environmental quality issues a general permit for the source. (b) There are three or more potential qualifying sources in the entity's jurisdiction. (c) The entity does not already have a general permit for the source. 2. 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: (a) Aggregate processing operations. (b) Bulk gasoline facilities. (c) Cotton gins. (d) Grain operations. (e) Internal combustion engines in nonemergency vehicles. (f) Landfill operations. (g) Mineral processing operations. (h) Oil and gas facilities. (i) Printing operations. (j) Remediation projects. (k) Wood processing operations. 3. Develop and publish plantwide applicability limits guidance for facilities emissions. Each entity shall publish the guidance on the entity's website and provide a copy to any person on request. For the purposes of this paragraph, the guidance shall: (a) Reference and incorporate relevant portions of the United States environmental protection agency plantwide applicability limit guidance dated August 4, 2020. (b) Describe the process for determining plantwide applicability limits. (c) Promote consistency across all jurisdictions. 4. Develop and publish general air quality permits guidance. Each entity shall publish the 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. For the purposes of this paragraph, the guidance shall: (a) Ensure consistent formatting and terminology for all general permits. (b) Specify any applicable state implementation plan-approved rules. (c) Include clear eligibility criteria. (d) Outline a standardized monitoring procedure. D. The air quality permitting coordination committee established by section 49-414, Arizona Revised Statutes, as added by this act, shall include information on the following in the committee's report due on or before December 31, 2026: 1. Progress on general air quality permits standardization. 2. Plantwide applicability limits program implementation. 3. Recommendations for future actions on plantwide applicability limits and the standardization of general air quality permits. E. This section is repealed from and after December 31, 2027. |
|---|
| 80 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 49-429, Arizona Revised Statutes, is amended to read: START_STATUTE49-429. Permit transfers; notice; appeal A. A permit shall not be transferable, whether by operation of law or otherwise, either from one location to another or from one source to another. B. Subsection A shall not apply to a mobile or portable source which is transferred from one location to another after notification to the department of the transfer. C. A permit may be transferred from one person to another whether by operation of law or otherwise if the person who holds the permit notifies the director in writing before the transfer. The notice shall be in writing and shall include the name, address, telephone number and statutory agent of the person to whom the permit will be transferred, the effective date of the proposed transfer and other information the director may determine to be necessary by rule. The director shall prescribe procedures for this notice. D. If the director determines that the transferee is not capable of operating the source in compliance with the requirements of this article, rules adopted under this article and the conditions established in the permit, the transfer shall be denied. In order for the denial to be effective, notice of the director's denial, including the reasons for the denial, shall be issued within ten working days of the director's receipt of the notice of proposed transfer. E. Denial of a permit transfer may be appealed as an appealable agency action pursuant to title 41, chapter 6, article 10. END_STATUTE |
|---|
| 87 | | - | 4. The director of the Pinal county air quality or the director's designee. |
|---|
| 88 | | - | |
|---|
| 89 | | - | B. The committee shall meet quarterly to do all of the following: |
|---|
| 90 | | - | |
|---|
| 91 | | - | 1. Review the air quality permits and practices issued by each entity. |
|---|
| 92 | | - | |
|---|
| 93 | | - | 2. Ensure air quality permit consistency across each jurisdiction. |
|---|
| 94 | | - | |
|---|
| 95 | | - | 3. Share best practices on air quality issues. |
|---|
| 96 | | - | |
|---|
| 97 | | - | C. On or before December 31, 2026 and annually thereafter, the committee shall 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, 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 this report to the secretary of state. END_STATUTE |
|---|
| 98 | | - | |
|---|
| 99 | | - | Sec. 2. Air quality emissions; general permits; plantwide applicability; rules; delayed repeal |
|---|
| 100 | | - | |
|---|
| 101 | | - | A. On or before January 1, 2026, the department of environmental quality and each county that issues air quality permits shall review air quality permits issued by the department of environmental quality or a county in this state. |
|---|
| 102 | | - | |
|---|
| 103 | | - | B. On or before July 1, 2026, the department of environmental quality and each county that issues air quality permits shall: |
|---|
| 104 | | - | |
|---|
| 105 | | - | 1. Adopt equivalent general air quality permits for any source category in the entity's jurisdiction if all of the following conditions apply: |
|---|
| 106 | | - | |
|---|
| 107 | | - | (a) Another county authority or the department of environmental quality issues a general permit for the source. |
|---|
| 108 | | - | |
|---|
| 109 | | - | (b) There are three or more potential qualifying sources in the entity's jurisdiction. |
|---|
| 110 | | - | |
|---|
| 111 | | - | (c) The entity does not already have a general permit for the source. |
|---|
| 112 | | - | |
|---|
| 113 | | - | 2. 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: |
|---|
| 114 | | - | |
|---|
| 115 | | - | (a) Aggregate processing operations. |
|---|
| 116 | | - | |
|---|
| 117 | | - | (b) Bulk gasoline facilities. |
|---|
| 118 | | - | |
|---|
| 119 | | - | (c) Cotton gins. |
|---|
| 120 | | - | |
|---|
| 121 | | - | (d) Grain operations. |
|---|
| 122 | | - | |
|---|
| 123 | | - | (e) Internal combustion engines in nonemergency vehicles. |
|---|
| 124 | | - | |
|---|
| 125 | | - | (f) Landfill operations. |
|---|
| 126 | | - | |
|---|
| 127 | | - | (g) Mineral processing operations. |
|---|
| 128 | | - | |
|---|
| 129 | | - | (h) Oil and gas facilities. |
|---|
| 130 | | - | |
|---|
| 131 | | - | (i) Printing operations. |
|---|
| 132 | | - | |
|---|
| 133 | | - | (j) Remediation projects. |
|---|
| 134 | | - | |
|---|
| 135 | | - | (k) Wood processing operations. |
|---|
| 136 | | - | |
|---|
| 137 | | - | 3. Develop and publish plantwide applicability limits guidance for facilities emissions. Each entity shall publish the guidance on the entity's website and provide a copy to any person on request. For the purposes of this paragraph, the guidance shall: |
|---|
| 138 | | - | |
|---|
| 139 | | - | (a) Reference and incorporate relevant portions of the United States environmental protection agency plantwide applicability limit guidance dated August 4, 2020. |
|---|
| 140 | | - | |
|---|
| 141 | | - | (b) Describe the process for determining plantwide applicability limits. |
|---|
| 142 | | - | |
|---|
| 143 | | - | (c) Promote consistency across all jurisdictions. |
|---|
| 144 | | - | |
|---|
| 145 | | - | 4. Develop and publish general air quality permits guidance. Each entity shall publish the 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. For the purposes of this paragraph, the guidance shall: |
|---|
| 146 | | - | |
|---|
| 147 | | - | (a) Ensure consistent formatting and terminology for all general permits. |
|---|
| 148 | | - | |
|---|
| 149 | | - | (b) Specify any applicable state implementation plan-approved rules. |
|---|
| 150 | | - | |
|---|
| 151 | | - | (c) Include clear eligibility criteria. |
|---|
| 152 | | - | |
|---|
| 153 | | - | (d) Outline a standardized monitoring procedure. |
|---|
| 154 | | - | |
|---|
| 155 | | - | D. The air quality permitting coordination committee established by section 49-414, Arizona Revised Statutes, as added by this act, shall include information on the following in the committee's report due on or before December 31, 2026: |
|---|
| 156 | | - | |
|---|
| 157 | | - | 1. Progress on general air quality permits standardization. |
|---|
| 158 | | - | |
|---|
| 159 | | - | 2. Plantwide applicability limits program implementation. |
|---|
| 160 | | - | |
|---|
| 161 | | - | 3. Recommendations for future actions on plantwide applicability limits and the standardization of general air quality permits. |
|---|
| 162 | | - | |
|---|
| 163 | | - | E. This section is repealed from and after December 31, 2027. |
|---|
| 96 | + | E. Denial of a permit transfer may be appealed as an appealable agency action pursuant to title 41, chapter 6, article 10. END_STATUTE |
|---|