asbestos program; rules; fees

SB1449 - 572R - I Ver

REFERENCE TITLE:
asbestos program; rules; fees

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1449

Introduced by

Senator
Shope

AN
ACT

Amending sections 49-426.03 and 49-551,
Arizona Revised Statutes; RELATING to state air pollution control.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 49-426.03, Arizona Revised
Statutes, is amended to read:

START_STATUTE
49-426.03
.
Enforcement of federal hazardous air pollutant program; rules;
fee

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 or deletes a pollutant pursuant to section 112(b)(2) or (3)
of the clean air act
,
the director shall adopt those
revisions for the list adopted pursuant to this subsection unless the director
finds that there is no scientific evidence to support the revision.

B. The director shall adopt by rule a program for
administration and enforcement of the federal hazardous air pollutant program
established by section 112 of the clean air act. The program shall
be consistent with and meet the requirements of section 112 of the clean air
act and shall contain the following provisions:

1. After the date specified by the administrator in
rules adopted pursuant to section 112(g)(1)(B) of the clean air act, no person
may obtain a permit or permit revision to modify a major source of federally
listed hazardous air pollutants or to construct a new major source of federally
listed hazardous air pollutants, unless the director determines that the person
will install the maximum achievable control technology for the modification or
new major source. For purposes of this paragraph,
the
terms
"major source" and "modification" have the
meanings set forth in section 112(a) of the clean air act and implementing
regulations adopted by the administrator. A new or modified major
source of federally listed hazardous air pollutants means a major source that
commences construction or a modification after rules adopted by the director
pursuant to this subsection become effective pursuant to section
41-1032. A physical change to a source or change in the method of
operation of a source is not a modification subject to this paragraph or
paragraph 2 of this subsection if the change complies with section 112(g)(1) of
the clean air act.

2. After the date specified by the administrator in
rules adopted pursuant to section 112(g)(1)(B) of the clean air act and until
the administrator adopts emissions standards establishing the maximum
achievable control technology for a source category or subcategory that
includes a source subject to paragraph 1 of this subsection, the director shall
determine the maximum achievable control technology for the modification of new
major source on a case-by-case basis. If the director determines
that it is not feasible to prescribe or enforce an emission standard, a maximum
achievable control technology standard imposed pursuant to this paragraph may
consist of a design, equipment, work practice or operational standard, or a
combination thereof.

3. If an existing source submits an application
pursuant to section 49-426
which

that

demonstrates that the source has achieved a reduction of ninety
per cent

percent
or more of federally
listed hazardous air pollutants or ninety-five
per cent

percent
in the case of federally listed hazardous air
pollutants that are particulates, the director shall issue a permit or permit
revision allowing the source to meet an alternative emission limitation
reflecting such reduction in lieu of an emission limitation promulgated by the
administrator under section 112(d) of the clean air act. The
application shall comply with section 112(i)(5) of the clean air act and
implementing regulations adopted by the administrator. The alternative emission
limitation shall apply for a period of six years from the compliance date
otherwise applicable to the source under section 112(d) of the clean air act.

4. If the administrator fails to adopt a standard
for a source category or subcategory within eighteen months after the deadline
established for that category or subcategory pursuant to section 112(e)(1) and
(3) of the clean air act, the owner or operator of an existing major source in
the category or subcategory shall be required to submit a permit application
for such source pursuant to section 49-426, and the director, acting in
accordance with the procedures adopted pursuant to section 49-426, shall
be required to issue a permit establishing maximum achievable control
technology for the affected source on a case-by-case basis or, in the
alternative, an alternative emission limitation pursuant to paragraph 3 of this
subsection. If the director determines that it is not feasible to
prescribe or enforce an emission standard, a maximum achievable control
technology standard imposed pursuant to this paragraph may consist of a design,
equipment, work practice or operational standard, or a combination thereof.

5. When the administrator adopts and makes effective
standards pursuant to section 112(d) or 112(f) of the clean air act
,
the director shall adopt those standards in the same manner
as prescribed by the administrator.

6. When a reliable method of measuring emissions of
a hazardous air pollutant subject to this section is not available, the
director shall not require compliance with a numeric emission limit for that
pollutant but shall instead require compliance with a design, equipment, work
practice or operational standard, or a combination of those
standards. The provision adopted pursuant to this paragraph shall
not apply to sources or modifications that commence construction after the
permit program established pursuant to section 49-426 becomes effective
under section 502(h) of the clean air act.

C. Where the clean air act has established
provisions, including specific schedules, for the regulation of source
categories pursuant to section 112(e)(5) and 112(n) of the clean air act, those
provisions and schedules shall be adopted by the director and shall apply to
the regulation of those source categories under subsection B of this section.

D. For any category or subcategory of facilities
licensed by the nuclear regulatory commission, the director shall not adopt or
enforce any standard or limitation respecting emissions of radionuclides
which

that
is more stringent than the
standard or limitation adopted by the administrator pursuant to section 112 of
the clean air act.

E. When the administrator makes one of the following
findings pursuant to section 112(n)(1)(A) of the clean air act
,

the finding is effective for purposes of the state's administration and
enforcement of the federal hazardous air pollutant program in the same manner
as prescribed by the administrator:

1. A finding that regulation is not appropriate or
necessary.

2. A finding that alternative control strategies
should be applied.

F. The director shall adopt rules to
establish a fee for implementing an asbestos regulatory program consistent with
40 code of federal regulations part 61, subpart m. The director
shall deposit, pursuant to sections 35-146 and 35-147, all fees
collected pursuant to this subsection in the air quality fee fund established
by section 49-551.

END_STATUTE

Sec. 2. Section 49-551, Arizona Revised
Statutes, is amended to read:

START_STATUTE
49-551.

Air quality fee; air quality fund; purpose

A. Every person who is required to register a motor
vehicle in this state pursuant to section 28-2153 shall pay, in addition
to the registration fee, an annual air quality fee at the time of vehicle
registration of $1.50.� Unless and until the United States environmental
protection agency grants a waiver for diesel fuel pursuant to section 211(c)(4)
of the clean air act, every person who is required to register a diesel powered
motor vehicle in this state with a declared gross weight as defined in section 28-5431
of more than eight thousand five hundred pounds and every person who is subject
to an apportioned fee for diesel powered motor vehicles collected pursuant to
title 28, chapter 7, articles 7 and 8 shall pay an additional apportioned
diesel fee of $10.

B. The registering officer shall collect the fees
and immediately deposit, pursuant to sections 35-146 and 35-147,
the air quality fees in the air quality fund established by subsection C of
this section and shall deposit the diesel fees in the voluntary vehicle repair
program fund established pursuant to section 49-558.02.

C. The air quality fund is established consisting of
monies received pursuant to this section
and section 49-426.03
,
gifts, grants and donations,

and monies appropriated by
the legislature.� The department
of environmental quality

shall administer the fund. Monies in the fund are exempt from the
provisions of section 35-190 relating to the lapsing of
appropriations. Interest earned on monies in the fund shall be
credited to the fund. Monies in the air quality fund shall be used,
subject to legislative appropriation, for:

1. Air quality research, experiments and programs
conducted by or for the department for the purpose of bringing area A or area B
into or maintaining area A or area B in attainment status, improving air
quality in areas of this state outside area A or area B and reducing emissions
of particulate matter, carbon monoxide, oxides of nitrogen, volatile organic
compounds and hazardous air pollutants throughout
the

this
state.

2. Monitoring visible air pollution and developing
and implementing programs to reduce emissions of pollutants that contribute to
visible air pollution in counties with a population of four hundred thousand
persons or more.

3. Developing and adopting rules in compliance with
sections 49-426.03, 49-426.04, 49-426.05 and 49-426.06.

D. The department of environmental quality shall
transfer $400,000 from the air quality fund to the department of administration
for the purposes prescribed by section 49-588 in eight installments in
each of the first eight months of a fiscal year.

E. This section does not apply to an electrically
powered golf cart or an electrically powered vehicle.
END_STATUTE

Sec. 3.
Legislative intent

The legislature intends that the
director of the department of environmental quality adopt fees pursuant to
section 49-426.03, Arizona Revised Statutes, as amended by this act, only
in an amount sufficient to cover the department's expenses in implementing the
asbestos regulatory program.