Chapter 175 - 431R - H Ver of SB1227 - Title: air quality permits
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Chapter 175 - 431R - H Ver of SB1227
Reference Title:
air quality permits
AN ACT
AMENDING SECTIONS 49-401.01, 49-426, 49-480 AND 49-501, ARIZONA REVISED STATUTES; RELATING TO AIR QUALITY.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 49-401.01, Arizona Revised Statutes, is amended to
read:
49-401.01
.
Definitions
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 or an increase in
serious irreversible or incapacitating reversible illness, including adverse
effects that are known to be or may reasonably be anticipated to be caused
by substances that are acutely toxic, chronically toxic, carcinogenic,
mutagenic, teratogenic, neurotoxic or causative of reproductive dysfunction.
3. "Adverse environmental effect" means any significant and widespread
adverse effect which may reasonably be anticipated on wildlife, aquatic life,
or other natural resources, including adverse impacts on populations of
endangered or threatened species or significant degradation of environmental
quality over broad areas.
4. "Attainment area" means any area in this state that has been
identified in regulations promulgated by the administrator as being in
compliance with national ambient air quality standards.
5. "BEGIN ACTUAL CONSTRUCTION" MEANS INITIATION OF PHYSICAL ON-SITE CONSTRUCTION ACTIVITIES ON AN EMISSIONS UNIT THAT ARE OF A PERMANENT NATURE.
FOR PURPOSES OF TITLE 1, PARTS C AND D AND SECTION 112 OF THE CLEAN AIR ACT, THESE ACTIVITIES INCLUDE INSTALLATION OF BUILDING SUPPORTS AND FOUNDATIONS,
LAYING OF UNDERGROUND PIPEWORK AND CONSTRUCTION OF PERMANENT STORAGE
STRUCTURES. FOR PURPOSES OTHER THAN TITLE 1, PARTS C AND D AND SECTION 112
OF THE CLEAN AIR ACT, THESE ACTIVITIES DO NOT INCLUDE INSTALLATION OF
BUILDING SUPPORTS AND FOUNDATIONS, LAYING OF UNDERGROUND PIPEWORK AND
CONSTRUCTION OF PERMANENT STORAGE STRUCTURES.
5.
6.
"Building", "structure", "facility" or "installation" means all of the pollutant-emitting activities which belong to the same industrial
grouping, are located on one or more contiguous or adjacent properties, and
are under the control of the same person or persons under common control
except the activities of any vessel. Pollutant-emitting activities shall be
considered as part of the same industrial grouping if they belong to the same
major group which has the same two digit code, as described in the standard
industrial classification manual, 1972, as amended by the 1977 supplement.
6.
7.
"Clean air act" means the clean air act of 1963 (P.L. 88-206; 42 United States Code sections 7401 through 7671) as amended by the clean air
act amendments of 1990 (P.L. 101-549).
7.
8.
"Commence" means, as applied to construction of a source:
(a) For purposes other than title IV of the clean air act, that the
owner or operator has obtained all necessary preconstruction approval or
permits required by federal law and this chapter and has done either of the
following:
(i) Begun or caused to begin a continuous program of physical on-site
construction of the source to be completed within a reasonable time.
(ii) Entered into binding agreements or contractual obligations, which
cannot be cancelled or modified without substantial loss to the owner or
operator, to undertake a program of construction of the source to be
completed within a reasonable time.
(b) For purposes of title IV of the clean air act, that the owner or
operator has undertaken a continuous program of construction or that an owner
or operator has entered into a contractual obligation to undertake and
complete within a reasonable time a continuous program of construction.
8.
9.
"Construction" means any physical change in a source or change in the method of operation of a source including fabrication, erection,
installation or demolition of a source that would result in a change in
actual emissions.
9.
10.
"Conventional air pollutant" means any pollutant for which the administrator has promulgated a primary or secondary national ambient air
quality standard.
10.
11.
"Federally listed hazardous air pollutant" means any air pollutant adopted pursuant to section 49-426.03, subsection A and not deleted
pursuant to that subsection.
11.
12.
"Hazardous air pollutant" means any federally listed hazardous air pollutant and any air pollutant that the director has designated as a
hazardous air pollutant pursuant to section 49-426.04, subsection A and has
not deleted pursuant to section 49-426.04, subsection B.
12.
13.
"Hazardous air pollutant reasonably available control technology" means an emissions standard for hazardous air pollutants which
the director, acting pursuant to section 49-426.06, subsection C, or the
control officer, acting pursuant to section 49-480.04, subsection C,
determines is reasonably available for a source. In making the foregoing
determination the director or control officer shall take into consideration
the estimated actual air quality impact of the standard, the cost of
complying with the standard, the demonstrated reliability and widespread use
of the technology required to meet the standard and any non-air quality
health and environmental impacts and energy requirements. For purposes of
this definition an emissions standard may be expressed as a numeric emissions
limitation or as a design, equipment, work practice or operational standard.
13.
14.
"Major source" means a stationary source or a group of stationary sources that is located within a contiguous area, that is under
common control and that is defined as a major source in section 501(2) of the
clean air act or that is a major emitting facility as defined in title 1,
part C of the clean air act or that is defined in department rules as a major
source consistent with the clean air act.
14.
15.
"Maximum achievable control technology" means an emission standard that requires the maximum degree of reduction in emissions of the
hazardous air pollutants subject to this chapter, including a prohibition on
such emissions where achievable, and that the director, after considering the
cost of achieving such emission reduction and any non-air quality health and
environmental impacts and energy requirements, determines to be achievable
by an affected source to which such standard applies, through application of
measures, processes, methods, systems or techniques including measures which:
(a) Reduce the volume of, or eliminate emissions of, such pollutants
through process changes, substitution of materials or other modifications.
(b) Enclose systems or processes to eliminate emissions.
(c) Collect, capture or treat such pollutants when released from a
process, stack, storage or fugitive emissions point.
(d) Are design, equipment, work practice, or operational standards,
including requirements for operator training or certification.
(e) Are a combination of the above.
15.
16.
"Minor source" means any stationary or portable source that is not a major source.
16.
17.
"Mobile source" means any combustion engine, device, machine or equipment that operates during transport and that emits or generates air
contaminants whether in motion or at rest.
17.
18.
"Modification" or "modify" means a physical change in or change in the method of operation of a source which increases the actual
emissions of any regulated air pollutant emitted by such source by more than
any relevant de minimis amount or which results in the emission of any
regulated air pollutant not previously emitted by more than such de minimis
amount.
18.
19.
"National ambient air quality standard" means the ambient air pollutant concentration limits established by the administrator pursuant to
42 United States Code section 7409.
19.
20.
"Nonattainment area" means any area in this state that is designated as prescribed by section 49-405 and where violations of national
ambient air quality standards have been measured.
20.
21.
"Nonattainment area plan" means an air pollution control plan developed in accordance with 42 United States Code sections 7501 through
7515.
21.
22.
"Permitting authority" means the department or a county department or agency that is charged with enforcing a permit program adopted
pursuant to section 49-480, subsection A.
22.
23.
"Planning agency" means the organization designated by the governor pursuant to 42 United States Code section 7504 as having the
authority and responsibility of preparing nonattainment area plans.
23.
24.
"Portable source" means any stationary source that is capable of being transported and operated in more than one county of this state.
25. "POTENTIAL TO EMIT" MEANS, FOR PURPOSES OF SECTION 112 OF THE CLEAN AIR ACT, THE MAXIMUM CAPACITY OF A STATIONARY SOURCE TO EMIT A POLLUTANT,
EXCLUDING SECONDARY EMISSIONS, TAKING INTO ACCOUNT CONTROLS THAT ARE
ENFORCEABLE UNDER ANY FEDERAL LAW OR REGULATION OR THAT ARE INHERENT IN THE
DESIGN OF THE SOURCE. FOR PURPOSES OTHER THAN SECTION 112 OF THE CLEAN AIR
ACT, "POTENTIAL TO EMIT" MEANS THE MAXIMUM CAPACITY OF A STATIONARY SOURCE
TO EMIT A POLLUTANT, EXCLUDING SECONDARY EMISSIONS, TAKING INTO ACCOUNT
CONTROLS THAT ARE ENFORCEABLE UNDER ANY FEDERAL, STATE OR LOCAL LAW, RULE OR
REGULATION OR THAT ARE INHERENT IN THE DESIGN OF THE SOURCE.
24.
26.
"Primary standard attainment date" means the date defined within a nonattainment area plan in accordance with 42 United States Code
sections 7401 through 7515 and after which date primary national ambient air
quality standards may not be violated.
25.
27.
"Reasonable further progress" means the schedule of emission reductions defined within a nonattainment area plan as being necessary to
come into compliance with a national ambient air quality standard by the
primary standard attainment date.
26.
28.
"Source" means 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.
27.
29.
"State implementation plan" means the accumulated record of enforceable air pollution control measures, programs and plans adopted by the
director and submitted to the administrator pursuant to 42 United States Code
section 7410.
28.
30.
"Stationary source" means any facility, building, equipment, device or machine that operates at a fixed location and that emits or
generates air contaminants.
29.
31.
"Unclassifiable area" means all areas of this state for which inadequate ambient air quality data exist to determine compliance with the
national ambient air quality standards.
Sec. 2. Section 49-426, Arizona Revised Statutes, is amended to read:
49-426
.
Permits; duties of director; exceptions; applications; objections; fees
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
commencing
BEGINNING ACTUAL
construction
OF
or operating any source, except as prescribed in subsection B of this section or section 49-426.01.
B. The provisions of this section shall not apply to motor vehicles,
to agricultural vehicles or agricultural equipment used in normal farm
operations, or to fuel burning equipment which,
in the aggregate with other such equipment of the applicant
at
the same
A
location or property other than a one or two family residence, is rated at less than
five hundred thousand
ONE MILLION
British thermal units per hour. The director may establish by rule additional sources or classifications of sources for which a permit is
not required and pollutant-emitting activities and emissions units at
permitted sources that are not required to be included in the permit. The
director shall not adopt such rules unless the director makes a written
finding with supporting facts that the exempted source, class of sources,
pollutant-emitting activities or emissions units will have an insignificant
adverse impact on air quality. In adopting these rules, the director may
consider any rule that is adopted by the administrator pursuant to section
502 of the clean air act and that exempts one or more source categories from
the requirement to obtain a permit under title V of the clean air act.
C. Every application for a permit shall be filed in the manner and
form prescribed by the director, and shall contain all the information
necessary to enable the director to make the determination to grant or deny
such application. The director shall establish by rule requirements for
permit applications, including the standard application form for title V
sources. The director shall establish by rule requirements for applications for general permits. An application for a permit issued pursuant to title
V of the clean air act shall include a compliance plan that describes how the
applicant will comply with all of the applicable requirements of this chapter
and the clean air act, including a schedule of compliance and a schedule
under which progress reports will be submitted to the director at least every
six months. The director may require that such application include all
sources that are used or to be used by the applicant in a certain process or
a single facility or location. Before acting on an application for a permit,
the director may require the applicant to furnish further information or
further plans or specifications. The director shall act, within a reasonable
time, on such application and shall notify the applicant in writing of the
proposed approval or denial of such application, except that the director may
have a reasonable period of time in which to gather information, inspect
premises, and issue such permits. The director shall adopt rules that
establish procedures for determining when applications are complete, for
processing applications and for reviewing permit actions. The director shall
also establish by rule criteria for determining reasonable times for
processing permit applications. Rules adopted pursuant to this subsection
for permits issued pursuant to title V of the clean air act shall conform to
the requirements of section 505(a) of the clean air act.
D. The director shall give notice of a proposed permit for a source
required to obtain a permit pursuant to title V of the clean air act once
each week for two consecutive weeks in two newspapers of general circulation
in the county in which the source is or will be located. The notice shall
describe the proposed permit and air contaminants to be emitted and shall
state that any person may submit comments on the proposed permit and may
request a public hearing. The director shall require the applicant at the
time of the first notice to post the site where the source is or may be
located. If permitted by federal, state and local law, the posting shall be
prominently placed at a site that is under the applicant's legal control and
that is adjacent to the nearest public roadway. The posting shall be visible
to the public using the public roadway and shall contain the information in
the notice that is published by the director. If a public hearing is
requested, the director shall require the applicant to place an additional
posting that provides notice of the public hearing. A posting shall be
maintained until the public comment period on the proposed permit is closed.
The director shall make available to the public notices of proposed permits.
Each public notice that is issued under this chapter shall be mailed to the
permit applicant, to the affected federal, state and local agencies and to
those persons who have requested in writing copies of proposed permit action
notices. During the public comment period, any person may submit a request
to the department to conduct a public hearing for the purpose of receiving
oral or written comments on the proposed permit. A written comment shall
state the name and mailing address of the person, shall be signed by the person, his agent or his attorney and shall clearly set forth reasons why the
permit should or should not be issued. Grounds for comment are limited to
whether the proposed permit meets the criteria for issuance prescribed in
this section or in section 49-427. The department shall consider and prepare
written responses to all comments received during the public comment period
including comments made at a public hearing conducted by the department. At
the time a final permit decision is made, copies of the department's
responses shall be made available to the applicant and any person who
commented on the proposed permit.
E. Permits or revisions issued pursuant to this section or section
49-426.01 may be issued subject to such terms and conditions as are
consistent with the requirements of this article, article 1 of this chapter
and the clean air act and are found by the director to be necessary,
following public notice and an opportunity for a public hearing as provided
in subsection D or H of this section or in section 49-426.01, and subject to
payment of a reasonable fee to be determined as follows:
1. For a source that is required to obtain a permit pursuant to title
V of the clean air act, the director shall establish by rule a system of fees
that is consistent with and equivalent to that prescribed by section 502 of
the clean air act. These rules shall prescribe procedures for increasing the
fee each year by the percentage if any by which the consumer price index for
the immediately preceding calendar year exceeds the consumer price index for
calendar year 1989.
2. For a facility that is required to obtain a permit pursuant to this
chapter but that is not required to obtain a permit pursuant to title V of
the clean air act, the director shall determine a fee based on the total
actual cost of processing the permit application, but not exceeding
twenty-five thousand dollars.
The director shall establish an annual inspection fee, not to exceed the
average cost of inspection. The director shall adopt, by rule, criteria for
determining fees and for public hearings.
F. Permits issued pursuant to this section shall be issued for a
period of five years.
G. Except as provided in section 49-808, subsection B and subsection
H of this section, any person burning used oil, used oil fuel, hazardous
waste or hazardous waste fuel
IN ANY MACHINE, INCINERATOR OR DEVICE
shall first obtain a permit from the director. Any permit issued by the director
under this subsection shall contain, at a minimum, conditions governing:
1. Limitations on the types, amounts and feed rates of used oil, used
oil fuel, hazardous waste or hazardous waste fuel which may be burned.
2. The frequency and types of fuel testing to be conducted by the
person.
3. The frequency and type of emissions testing or monitoring to be
conducted by the person.
4. Requirements for record keeping and reporting.
5. Numeric emission limitations expressed in pounds per hour and tons
per year for air contaminants to be emitted from the facility burning
off-specification used oil fuel, hazardous waste or hazardous waste fuel.
H. The director may issue a general permit for a defined class of
facilities if the class contains a large number of facilities that are
substantially similar in nature and that have substantially similar emissions
and if the following conditions are met:
1. A general permit shall comply with all of the requirements for
permits prescribed by this section except for the requirements of subsection
D of this section and shall be consistent with the clean air act.
2. The director shall give notice of the proposed general permit once
each week for two consecutive weeks in a newspaper of general circulation in
each county. The notice shall describe the proposed general permit, the
general class of sources that would be subject to the proposed permit and the
air contaminants to be emitted. The notice shall also state that any person
may submit comments on the proposed general permit and may request a public
hearing. A written comment shall state the name of the person and the
person's agent or attorney and shall clearly set forth reasons why the
general permit should or should not be issued. Grounds for comment are
limited to whether the proposed general permit meets the criteria for
issuance prescribed in this section or section 49-427.
3. On issuance of a general permit any person seeking to permit a
source under this subsection shall submit an application pursuant to
subsection C of this section.
4. If the director approves an application to be permitted under a
general permit, the director shall provide notice of the approval in a
newspaper of general circulation in the county in which the source is or will
be located.
5. If a person violates a general permit, the director may require the
source to obtain a permit pursuant to subsection A of this section.
6. A general permit may be revoked or revised at any time by the
director if necessary to comply with this chapter. If the director revokes
or revises a general permit, the director shall notify all persons whose
sources are affected by the revocation or revision and shall include notice
of procedures to obtain a permit pursuant to subsection A of this section or
notice of procedures for compliance with the revisions.
7. The director by rule shall adopt procedures for the issuance of
general permits.
8. The director may adopt conditions in a general permit applicable
to sources located in a specified geographic area either independently of or
upon petition by a county air pollution control officer.
I. Permits issued pursuant to this section for a source required to
obtain a permit under title V of the clean air act shall contain all of the
following:
1. Conditions reflecting all applicable requirements of this article
and rules adopted pursuant to this article.
2. Enforceable emission limitations and standards.
3. A schedule for compliance, if applicable.
4. The requirement to submit at least every six months the results of
any required monitoring.
5. Any other conditions that are necessary to assure compliance with
this article and the clean air act, including the applicable implementation
plan.
J. The director may refuse to issue any permit to any source subject
to the requirements of title V of the clean air act if the administrator
objects to its issuance in a timely manner as prescribed under title V of the
act.
K. If an applicant has submitted a timely and complete application for
a permit required under this section, but final action has not been taken on
that application, failure to obtain a permit shall not be a violation of this
chapter unless the delay in final action is due to the failure of the
applicant to submit information required or requested to process the
application. This subsection does not apply to any person required to obtain
a permit before commencing construction of a source as required under this
section or any person seeking a permit revision as provided under section
49-426.01.
L. The director may issue a single permit authorizing emissions from
similar operations at multiple temporary locations, if the permit includes
conditions that will assure compliance with all applicable requirements of
this chapter and the clean air act at all locations. Any permit issued
pursuant to this subsection shall require the applicant to notify the
director in advance of each change in location. In issuing a single permit,
the director may require a separate permit fee for operations at each
location.
M. In the case of a permit with a term of three or more years issued
pursuant to the requirements of title V of the clean air act to a major
source, the director shall require revisions to the permit to incorporate
applicable standards and regulations adopted by the administrator pursuant
to the clean air act after the issuance of the permit. The director shall
require any revisions as expeditiously as practicable, but not later than
eighteen months after the promulgation of such standards and regulations.
No permit revision shall be required if the effective date of standards and
regulations is after the expiration of the permit. Any permit revision
required pursuant to this subsection shall be treated as a permit renewal.
N. Any permit issued pursuant to the requirements of this article and
title V of the clean air act to a unit subject to the provisions of title IV
of the clean air act shall include conditions prohibiting all of the
following:
1. Annual emissions of sulfur dioxide in excess of the number of
allowances to emit sulfur dioxide held by the owners or operators of the unit
or by the designated representative of the owners or operators.
2. Amounts in excess of applicable emission rates.
3. The use of any allowance prior to the year for which it was
allocated.
4. Contravention of any other provision of the permit.
O. The director shall adopt a rule specifying the notice, public
participation requirements and other permit issuance procedures for permits
that are not issued pursuant to title V of the clean air act.
P. In determining whether a permitting threshold established pursuant
to this section applies to an existing source, the director shall exclude
particulate matter that is not subject to a national ambient air quality
standard under the clean air act.
Sec. 3. Section 49-480, Arizona Revised Statutes, is amended to read:
49-480
.
Permits; fees
A. The board of supervisors may adopt a program for the review,
issuance, revision, administration and enforcement of permits and for public
review of proposed permits for sources that are subject to section 49-426,
subsection A
,
that are not under the jurisdiction of the state pursuant to section 49-402 and that are not otherwise exempt pursuant to section 49-426,
subsection B and subsection K of this section. This program shall include
provisions for administration, inspection and enforcement of general permits
issued pursuant to section 49-426, subsection H and subsection J of this
section.
B. Procedures for the review, issuance, revision and administration
of permits issued pursuant to this section and required to be obtained
pursuant to title V of the clean air act including sources that emit
hazardous air pollutants shall be substantially identical to procedures for
the review, issuance, revision and administration of permits issued by the
department under this chapter. Such procedures shall comply with the
requirements of sections 165, 173 and 408 and titles III and V of the clean
air act and implementing regulations for sources subject to titles III and
V of the clean air act. Procedures for the review, issuance, revision and
administration of permits issued pursuant to this section and not required
to be obtained pursuant to title V of the clean air act shall impose no
greater procedural burden on the permit applicant than procedures for the
review, issuance, revision and administration of permits issued by the department under sections 49-426 and 49-426.01 and other applicable
provisions of this chapter.
C. Upon adoption of a permit program by the board of supervisors
pursuant to this section, no person may
commence
BEGIN ACTUAL
construction, operate or make a modification to any source subject to the permit program
without complying with the requirements of that program.
D. Permits issued pursuant to a program adopted under this section are
subject to payment of a reasonable fee to be determined as follows:
1. For any source required to obtain a permit under title V of the
clean air act, the board of supervisors shall establish by rule a system of
fees consistent with and equivalent to that prescribed under section 502 of
the clean air act. Such system shall prescribe procedures for increasing the
fee each year by the percentage, if any by which the consumer price index for
the most recent calendar year ending before the beginning of such year
exceeds the consumer price index for the calendar year 1989.
2. For any facility subject to the permitting requirements of this
chapter but not required to obtain a permit under title V of the clean air
act, the board of supervisors shall determine a permit fee based on all
reasonable direct and indirect costs required to administer the permit, but
not exceeding twenty-five thousand dollars.
The board of supervisors shall establish an annual inspection fee, not to
exceed the average cost of services.
E. Funds received for permits issued pursuant to this section shall
be deposited in a special public health fund and shall be used by the control
officer to defray the costs of implementing this article.
F. Permits issued pursuant to this section for a source required to
obtain a permit under title V of the clean air act shall, and for a source
that is not required to obtain a title V permit may, contain all of the
following:
1. Conditions reflecting all applicable requirements of this article
and rules adopted pursuant to this article.
2. Enforceable emission limitations and standards.
3. A schedule for compliance, if applicable.
4. The requirement to submit at least every six months the results of
any required monitoring.
5. Any other conditions that are necessary to assure compliance with
this article and the clean air act, including the applicable implementation
plan.
G. The control officer may refuse to issue any permit to any source
subject to the requirements of title V of the clean air act if the
administrator objects to its issuance in a timely manner as prescribed under
title V of the act.
H. In the case of a permit with a term of three or more years issued
pursuant to the requirements of title V of the clean air act to a major
source, the control officer shall require revisions to the permit to
incorporate applicable standards and regulations adopted by the administrator
pursuant to the clean air act after the issuance of the permit. The control
officer shall require any revisions as expeditiously as practicable but not
later than eighteen months after the promulgation of such standards and
regulations. No permit revision shall be required if the effective date of
the standards and regulations is after the expiration of the permit. Any
permit revision required pursuant to this subsection shall be treated as a
permit renewal.
I. Except as provided in section 49-808, subsection E, section 49-426,
subsection B and subsection A of this section, any person burning used oil,
used oil fuel, hazardous waste or hazardous waste fuel
IN ANY MACHINE, INCINERATOR OR DEVICE
shall first obtain a permit from the control officer. Any permit issued by the control officer under this subsection shall
contain,
at a minimum, conditions governing:
1. Limitations on the types, amounts and feed rates of used oil, used
oil fuel, hazardous waste or hazardous waste fuel which may be burned.
2. The frequency and types of fuel testing to be conducted by the
person.
3. The frequency and type of emissions testing or monitoring to be
conducted by the person.
4. Requirements for record keeping and reporting.
5. Numeric emission limitations expressed in pounds per hour and tons
per year for air contaminants to be emitted from the facility burning used
oil, used oil fuel, hazardous waste or hazardous waste fuel.
J. The board of supervisors may authorize by rule the control officer
to issue a general permit for a defined class of facilities if that class of
facilities has not been issued a general permit by the director for sources
in that county pursuant to section 49-426, subsection H. The criteria for
issuance of a general permit are those applicable to the director pursuant
to section 49-426, subsection G.
K. The board of supervisors may identify by rule sources or
classifications of sources for which a permit is not required and pollutant-emitting activities and emissions units at permitted sources that are not
subject to inclusion in the permit. The criteria for exemptions granted
pursuant to this subsection are those applicable to exemptions granted by the
director pursuant to section 49-426, subsection B.
L. In determining whether a permitting threshold established pursuant
to this section applies to an existing source, the control officer shall
exclude particulate matter that is not subject to a national ambient air
quality standard under the clean air act.
Sec. 4. Section 49-501, Arizona Revised Statutes, is amended to read:
49-501
.
Unlawful open burning; exceptions; fine
A. Notwithstanding the provisions of any other section of this
article, it is unlawful for any person to ignite, cause to be ignited, permit
to be ignited, or suffer, allow, or maintain any open outdoor fire except as
provided in this section.
B. "Open outdoor fire", as used in this section, means any combustion
of combustible material of any type outdoors, in the open where the products
of combustion are not directed through a flue. "Flue", as used in this
subsection, means any duct or passage for air, gases or the like, such as a
stack or chimney.
C. The following fires are excepted from the provisions of this
section:
1. Fires used only for cooking of food or for providing warmth for
human beings or for recreational purposes or the branding of animals or the
use of orchard heaters for the purpose of frost protection in farming or
nursery operations.
2. Any fire set or permitted by any public officer in the performance
of official duty, if such fire is set or permission given for the purpose of
weed abatement, the prevention of a fire hazard, or instruction in the
methods of fighting fires.
3. Fires set by or permitted by the director of the department of
agriculture or county agricultural agents of the county for the purpose of
disease and pest prevention.
4. Fires set by or permitted by the federal government or any of its
departments, agencies or agents or the state or any of its agencies,
departments or political subdivisions for the purpose of watershed
rehabilitation or control through vegetative manipulation.
5. Fires permitted by any rule or regulation issued pursuant to this
article, by any conditional permit issued by a hearing board established
under this article or by any rule or conditional permit issued pursuant to
article 2 of this chapter when the department of environmental quality
pursuant to section 49-402 has assumed jurisdiction of the county in which
the fire is located.
6. Fires set for the disposal of dangerous materials where there is
no safe alternate method of disposal.
D. Permission for the setting of any fire given by a public officer
in the performance of official duty under subsection C, paragraph 2, 3 or 4
shall be given in writing and a copy of the written permission shall be
transmitted immediately to the director and the control officer of the
county, district or region in which such fire is allowed. The setting of any
such fire shall be conducted in a manner and at such time as approved by the
control officer or the director, unless doing so would defeat the purpose of
the exemption.
E. Notwithstanding section 49-107, the director may delegate authority
for the issuance of open burning permits to a county, city, town or fire
district. A county, city, town or fire District that has been delegated
authority for the issuance of open burning permits may assign the issuance
of these permits to a private fire protection service provider that
has contracted with that county, city, town or fire district to perform fire
protection services
PERFORMS FIRE PROTECTION SERVICES WITHIN THAT COUNTY, CITY, TOWN OR FIRE DISTRICT
. Any private fire protection service provider that is authorized to issue open burning permits pursuant to this
subsection
shall maintain a copy of all currently effective permits issued including a
means of contacting the person authorized by the permit to set the fire in
the event that an order to extinguish the open burning is issued. Permits
issued pursuant to this subsection shall contain both of the following:
1. Conditions that limit the manner and time of setting the fire and
that are consistent with this section and rules adopted pursuant to this
section.
2. A provision that all burning be extinguished at the discretion of
the director or the director's authorized representative during periods of
inadequate atmospheric smoke dispersion, periods of excessive visibility
impairment that could adversely affect public safety or periods when smoke
is blown into populated areas so as to create a public nuisance.
F. The director may issue a general permit to allow persons engaged
in farming or ranching on forty acres or more in an unincorporated area to
burn household waste, as defined in section 49-701, that is generated on
site, if no household waste collection and disposal service is available.
The general permit shall include the following:
1. Conditions governing the method, manner and times for burning.
2. Limitation on materials which may be burned, including a
prohibition on burning of materials which generate noxious fumes.
3. A requirement that any person seeking coverage under the general
permit shall register with the director on a form prescribed by the director.
Upon receipt of a registration form, the director shall notify the county in
which the farm or ranch is located of such registration.
4. A statement that the director, a local air pollution control
officer, or any other public officer may order the extinguishment of burning
or may prohibit burning during periods of inadequate smoke dispersion or
excessive visibility impairment or at other times when public health or
safety could be adversely affected.
G. Nothing in this section is intended to permit any practice which
is a violation of any statute, ordinance, rule or regulation in a county with
a population in excess of one million two hundred thousand persons according
to the most recent United States decennial census.
H. A person who violates any provision of this section may be served
a notice of violation and be subject to the enforcement provisions of this
article to the same extent as a person violating any rule or regulation
adopted pursuant to this article.
I. Any violation of this section shall be punishable by a fine not to
exceed twenty-five dollars.
APPROVED BY THE GOVERNOR APRIL 24, 1997.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 25, 1997.
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