Title 49 — The Environment

A. The legislature finds and declares that air pollution exists with varying degrees of severity within the state, such air pollution is potentially and in some cases actually dangerous to the health of the citizenry, often causes physical discomfort, injury to property and prope…

In this chapter, unless the context otherwise requires: 1. "Administrator" means the administrator of the United States environmental protection agency. 2. "Adverse effects to human health" means those effects that result in or significantly contribute to an increase in mortality…

A. The department shall have original jurisdiction over such sources, permits and violations that pertain to: 1. Major sources in any county that has not received approval from the administrator for new source review under the clean air act and prevention of significant deteriora…

A. A person may petition the director or control officer for a determination that a particular class or category of sources should be subject to a general permit instead of an individual permit that is issued under this chapter. The petition shall state the grounds for the determ…

A. The director shall maintain a state implementation plan that provides for implementation, maintenance and enforcement of national ambient air quality standards and protection of visibility as required by the clean air act. B. The director may adopt rules that describe procedur…

A. The governor may designate the status and classification of areas of this state with respect to attainment of national ambient air quality standards. B. The director shall adopt rules that describe the geographic extent of attainment, nonattainment or unclassifiable areas of t…

A. For any ozone, carbon monoxide or particulate nonattainment or maintenance area the governor shall certify the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process for that area under 23 United S…

A. Except as provided in subsection B, a person having an interest which is or may be adversely affected may commence a civil action in superior court on his own behalf against the director alleging a failure of the director to perform an act or duty under this article or article…

A. Any revision to the state implementation plan adopted pursuant to 40 Code of Federal Regulations, part 51, subpart T shall be no more stringent than required under those regulations. No state agency, metropolitan planning organization or local transportation agency shall take …

A. Notwithstanding any other law, a person may possess, use, manufacture, purchase, install, transport or sell chlorofluorocarbons. B. The possession, use, manufacture, purchase, installation, transportation or sale of chlorofluorocarbons does not subject any person, this state o…

B. This state, any political subdivision of this state and any person that reduces qualifying emissions may apply to the department to certify emission reduction credits to be deposited into the voluntary Arizona emissions bank. To be eligible for certification and deposit in the…

A. On or before March 30 of each calendar year, cities and towns in area A as defined in section 49-541 shall submit a report regarding the following activities to the department on a form developed by the director as prescribed in subsection F of this section: 1. Paving of unpav…

The department shall develop a standardized waiver application form that shall be used by state agencies, counties, cities, towns, school districts and federal fleets with vehicles that operate primarily in area A as defined in section 49-541 to document and justify the exemption…

The department shall pursue the establishment of a network of public refueling stations so that members of the public have access throughout the state to alternative fuels as a major goal.

In this article, unless the context otherwise requires: 1. "Air contaminants" includes smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, particulate matter, wind-borne matter, radioactive materials, or nox…

A. In addition to any other powers vested in it by law, the department may: 1. Accept, receive and administer grants or other funds or gifts from public and private agencies, including the federal government, to carry out any of the purposes of this chapter. All monies resulting …

The department shall: 1. Determine whether the meteorology of the state is such that airsheds can be reasonably identified and air pollution, therefore, can be controlled by establishing air pollution control districts within well defined geographical areas. 2. Make continuing de…

A. The director shall adopt such rules as the director determines are necessary and feasible to reduce the release into the atmosphere of air contaminants originating within the territorial limits of the state or any portion thereof and shall adopt, modify and amend reasonable st…

A. A permit shall: 1. Be issued by the director in compliance with the terms of this section. 2. Be required for any person seeking a compliance extension pursuant to section 49-426.03, subsection B, paragraph 3 and section 112(a)(5) of the clean air act and for any person beginn…

A. The director shall establish by rule provisions to allow changes within a source required to obtain a permit under title V of the clean air act without requiring a permit revision if all of the following conditions are met: 1. The changes do not constitute modifications under …

The director shall establish by rule conditions under which compliance with a permit or permit revision issued pursuant to this chapter constitutes compliance with the applicable requirements of this chapter and the clean air act.

A. The list of hazardous air pollutants in section 112(b)(1) of the clean air act is adopted as the list of federally listed hazardous air pollutants that will be subject to the program adopted pursuant to subsection B of this section. Within one year after the administrator adds…

A. The state list of hazardous air pollutants that are subject to regulation consists of all of the following: 1. Hazardous air pollutants that are designated by the director by rule if the director finds all of the following: (a) There is scientifically reliable evidence on the …

A. The director may by rule designate a category of sources that are subject to the state program for control of hazardous air pollutants established pursuant to section 49-426.06. In order to designate a category of sources pursuant to this section, the director shall find that …

A. The director may by rule establish a state program for the control of hazardous air pollutants that meets the requirements of this section. The program established pursuant to this section shall apply to the following sources: 1. Sources that emit or have the potential to emit…

Notwithstanding any permit granted pursuant to section 49-426.03 or 49-426.06, the director may seek injunctive relief as provided in section 49-462 on receipt of evidence that a source or combination of sources is presenting an imminent and substantial endangerment to public hea…

A. The director shall deny a permit or revision if the applicant does not show that every such source is so designed, controlled or equipped with such air pollution control equipment that it may be expected to operate without emitting or without causing to be emitted air contamin…

A. Within thirty days after notice is given by the director of approval, denial or revocation of a permit, permit revision or conditional order, the applicant and any person who filed a comment on the permit or permit revision pursuant to section 49-426, subsection D, or on the c…

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 mobile or portable source which is transferred from one location to another after notification to…

A person who has been granted an operating permit, shall firmly affix such permit, an approved facsimile of such permit, or other approved identification bearing the permit number upon such machine, equipment, incinerator, device or other article for which the operating permit is…

All agencies that issue building permits shall examine the plans and specifications submitted by an applicant for a building permit to determine if an installation permit will possibly be required under the provisions of section 49-426. If it appears possible that such installati…

A. The director, by rule, shall classify air contaminant sources according to levels and types of emissions and other characteristics which relate to air pollution, and shall require reporting for any such class or classes. Reports may be required as to physical outlets, processe…

A. The director and his deputies charged under this chapter or the rules and regulations adopted pursuant to this chapter with powers or duties involving inspection of real or personal property including buildings, building premises and building contents for the purpose of air po…

An order of abatement issued by the director shall become effective immediately upon the expiration of the time during which a request for a hearing may be made pursuant to section 49-461 unless the person or persons named in the order have appealed the order of abatement as an a…

A. The director may grant to any person a conditional order for each air pollution source which allows such person to vary from any provision of this article, any rule adopted pursuant to this article, or any requirement of a permit issued pursuant to this article if the director…

A. A person who seeks a conditional order shall file a petition with the director. B. If the issuance of the conditional order requires a public hearing, the director shall set a hearing date within thirty days after the filing of the petition. The hearing date shall be within si…

A. Within thirty days after the conclusion of the hearing held pursuant to section 49-438, subsection B, or, if no hearing is held, within sixty days after the filing of the petition, the director shall deny the petition or grant the petition on such terms and conditions as the d…

A. A conditional order issued by the director shall be valid for such period as the director prescribes but in no event for more than one year in the case of a source that is required to obtain a permit pursuant to this article and title V of the clean air act, and three years in…

If the terms and conditions of the conditional order are being violated, the director may seek to revoke or suspend the conditional order granted. In such event, the director shall serve notice of such violation on the holder of the conditional order in the manner provided in sec…

When the department has asserted control pursuant to section 49-402, a party may appeal a revocation or modification of an order of abatement or a permit or permit revision previously issued at the county level by appealing pursuant to title 41, chapter 6, article 10.

A. Except as provided in section 41-1092.08, subsection H, all final administrative decisions relating to permit actions, permit transfers or orders of abatement are subject to judicial review pursuant to title 12, chapter 7, article 6. B. When an appeal is taken from a final adm…

A. Any notice of hearing required by this chapter shall be given by publication of a notice of hearing for at least two times in a newspaper of general circulation published in the county concerned or if there is no such newspaper published in the county, in a newspaper of genera…

The director shall adopt rules setting forth standards controlling the release into the atmosphere of air contaminants from motor vehicles and combustion engines. Any rules adopted pursuant to this section shall be consistent with provisions of federal law, if any, relating to co…

Nothing in this chapter shall be construed so as to: 1. Grant any jurisdiction or authority with respect to air contamination or pollution existing solely within commercial and industrial plants, works or shops owned by or under control of the person causing the air contamination…

A. Every state agency, board and commission shall prepare an air quality impact report on a state funded project relating to transportation which it proposes to carry out or approve and which it determines may have a significant impact on air quality as it relates to carbon monox…

A. A business which has five hundred or more employees at one site in area A or area B as defined in section 49-541 shall submit a schedule prior to October 1 of each year to the director which shows an adjusted work hour proposal that will reduce the level of carbon monoxide con…

A. The permit administration fund is established consisting of fees and interest collected pursuant to this article and section 27-515. The director shall administer the fund subject to annual legislative appropriation. On notice from the director, the state treasurer shall inves…

A. After reasonable notice and a public hearing, the director shall submit to the administrator a plan establishing a small business stationary source technical and compliance assistance program consistent with and equivalent to the plan required under section 507 of the clean ai…

A. A best management practices committee for regulated agricultural activities is established. B. The committee shall consist of: 1. The director of environmental quality or the director's designee. 2. The director of the Arizona department of agriculture or the director's design…

B. After March 31, 2008, no person may use a leaf blower to blow landscape debris into public roadways. C. After March 31, 2008, no person may operate a leaf blower except on surfaces that have been stabilized with asphaltic concrete, cement concrete, hardscape, penetration treat…