49-401. Declaration of policy 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 property values, discourages recreational and other uses of […]
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 […]
49-402. State and county control 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 deterioration under the clean air act. 2. […]
49-403. General permits and individual permits; issuance; definition 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 […]
49-404. State implementation plan 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 procedures for adoption of revisions to the state implementation plan. […]
49-405. Attainment area designations 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 this state for all pollutants for which a national […]
49-406. Nonattainment area plan 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 States Code section 134 as the agency responsible for the development of a nonattainment […]
49-407. Private right of action; citizen suits 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 […]
49-408. Air quality conformity; definition 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 action that is more stringent than required under […]
49-409. Chlorofluorocarbons; permitted use; retaliation prohibited 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 or any political subdivision of this state to any penalty, fine, retaliatory action […]
49-410. Voluntary Arizona emissions bank; definitions A. The department shall establish and administer a voluntary Arizona emissions bank for registering the deposit, transfer and use of emission reduction credits. The department shall make information on emission reduction credits deposited in the voluntary Arizona emissions bank easily accessible to the public. B. This state, any political […]
49-411. Particulate measures; cities, towns, counties, departments; implementation; report 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 […]
49-412. Alternative fuel delivery systems; standardized waivers 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 of that entity’s vehicles from […]
49-413. Clean burning alternative fuels; public refueling 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.
