HB 2428 — emissions; reduction credits; counties

HouseSenate Engrossed House Bill emissions;

counties State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session CHAPTER 93 HOUSE BILL 2428 AN ACT AMENDING SECTIONS 49-402, 49-426 AND 49-480, ARIZONA REVISED STATUTES;

F.- 2 - H.B.

Each2428 regionalF. planning agency shall consult with the department of transportation to coordinate the plans developed pursuant to subsection - 2 - H.B.

2428Each regional planning agency shall consult with the department of transportation to coordinate the plans developed pursuant to subsection E of this section with transportation plans developed by the department of transportation pursuant to any other law.

NOTWITHSTANDING ANY OTHER LAW, AN APPLICANT'S ELECTION TO PARTICIPATE IN ANY PROGRAM THAT RESULTS IN THE CERTIFICATION OF EMISSION REDUCTION CREDITS PURSUANT TO SUBSECTION G OF THIS SECTION IS VOLUNTARY.

IF, AFTER THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION, PARTICIPATION OF AN ON-ROAD VEHICLE FLEET IN THE EMISSION REDUCTION CREDIT PROGRAM BECOMES MANDATORY PURSUANT TO AN ACT OF THE LEGISLATURE, ADMINISTRATIVE RULE OR STATE IMPLEMENTATION PLAN COMMITMENTS, A CONTROL OFFICER MAY NOT CERTIFY ANY NEW SURPLUS EMISSION REDUCTION CREDITS AS PROVIDED IN SUBSECTION G, PARAGRAPH 2 OF THIS SECTION.

ONLY MOBILE SOURCE FLEETS WITH A BASE OF OPERATIONS IN A NONATTAINMENT AREA ARE ELIGIBLE FOR CERTIFICATION PURSUANT TO SUBSECTION G, PARAGRAPH 2 OF THIS SECTION.

I.

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- the3 permit.- H.B.

2428 in the permit.

-C. 3 - H.B.

2428 C.

The notice shall describe the proposed permit and air contaminants to be emitted- and4 shall- stateH.B. that any person may submit comments on the proposed permit and may request a public hearing.

2428 emitted and shall state that any person may submit comments on the proposed permit and may request a public hearing.

Each public notice -that 4is -issued H.B.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.

2428 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.

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- of5 the- cleanH.B. 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 MORE THAN $25,000.

2428 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 MORE THAN $25,000.

Except as provided in 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. 5 - H.B.

2428 director.

3.- 6 - H.B.

2428 3.

If the director revokes or revises a general permit, the director shall notify all persons -whose 6sources -are H.B.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.

2428 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.

L.- 7 - H.B.

2428 L.

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 7pursuant -to H.B.the clean air act after the issuance of the permit.

2428 administrator pursuant to the clean air act after the issuance of the permit.

2.- 8 - H.B.

ALLOW2428 THE2. PERMITTING AUTHORITY TO MAINTAIN THE DISCRETION TO ISSUE THE PERMIT.

BE ISSUED AT THE DISCRETION OF THE PERMITTING AUTHORITY.

The board of supervisors may adopt a program for the review, issuance, revision, administration and enforcement of permits and for -public 8review -of H.B.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.

2428 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.

Such system shall prescribe procedures for increasing the fee each year by the percentage, if any by which the consumer- price9 index- forH.B. the most recent calendar year ending before the beginning of such year exceeds the consumer price index for the calendar year 1989.

2428 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.

-E. 9 - H.B.

2428 E.

Except as provided in 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- shall10 first- obtainH.B. a permit from the control officer.

2428 device shall first obtain a permit from the control officer.