brown cloud study; air
quality
DPA |
Committee on Environment |
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Committee on Appropriations |
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Caucus and COW |
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As Passed the House |
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HB 2538 would implement recommendations that were made from the Brown Cloud Summit to help reduce the effects of the carbon particles and nitrogen dioxide gas that help give the air a brown color.
In March, 2000 Governor Hull established the Brown Cloud Summit to investigate topics including:
· Identity ways to reduce the brown cloud.
· Develop proposals on how to put the pollution-fighting measures into action and work to get them done.
The Brown Cloud Summit's January 16, 2001 final report is available at http://www.adeq.state.az.us/environ/air/browncloud/index.html
· Expansion of area A- (ARS 49-541) includes additional territory to the west; 1/1/02 is the effective date for measures in the newly expanded portion of area A except for public sector alternative fuel requirements that have later dates (session law)
· Vehicle idling restrictions- (ARS 9-500.04 & 11-876) Area A cities, towns and counties shall adopt, implement and enforce ordinance that conforms to model ordinance (adopted by MAG by 6/30/02) by 1/1/03 for heavy duty diesels with GVW of 14,000 pounds or more; discretionary authority in area B; (area A counties with less than 1.2 million population is only for those portions of the county in area A)
· Electric generators at construction sites- (ARS 9-500.04 & 11-876) Area A cities and towns shall adopt, implement and enforce ordinance that conforms to model ordinance (adopted by MAG by 6/30/02) by 1/1/03 to require use of electric powered generators at residential construction sites; discretionary authority in area B; (area A counties with less than 1.2 million population is only for those portions of the county in area A)
· Roadside diesel truck testing- (ARS 49-542.05) DEQ administers in Area A with assistance from ADOT and DPS; covers vehicles over 8500 pounds GVW; conforms to SAE J1667 standard (already in place for diesel VEI in area A)
· Voluntary tier II/III- (ARS 49- 558) public and private sector entities may purchase or retrofit equipment in area A or B; entities may submit documentation to DEQ, that shall be identified on the agency's website; if possible, that information shall include estimates on emissions reductions and visibility improvements; DEQ shall cooperate with manufacturers and distributors to determine extent of availability of equipment and provide information to potential purchasers
· Voluntary ultra low sulfur diesel- (ARS 49-558.01) public and private sector entities may use the fuel in vehicles retrofitted with oxidation catalysts and particulate filters in area A or B; entities may submit documentation to DEQ, that shall be identified on the agency's website; if possible, that information shall include estimates on emissions reductions and visibility improvements; DEQ shall cooperate with manufacturers and distributors to determine extent of availability of fuel and equipment and provide information to potential purchasers
· Truck bypass- (ARS 28-363) duty of ADOT director to develop a plan to increase the use of the Gila Bend bypass by vehicles on poor visibility days in the Phoenix metro area
· Dust control training- (ARS 49-499) 7 member technical advisory committee in DEQ (5 government, 2 construction industry) to develop standardized training and certification program by 6/30/02; Maricopa county required to adopt rule by 1/1/03 requiring any entity applying for a dust control permit for construction to have on site at least one supervisory person certified under that training program
· Visibility index- (session law) DEQ director to establish a daily index by 12/31/03 for area A; index based on results of public survey; prior to index director shall use the number of blue sky days (6 hour average visibility range in area A is 25 miles or more) as an interim method of evaluating and reporting current visibility conditions and progress toward visibility improvement; blue sky targets: 250 days in 2001, 260 days in 2002, 275 days in 2003; periodic reports issued by DEQ
· Emissions trading advisory committee- (session law) governor appointed committee, comprised of public and private sector entities that may be affected, to design an emission cap and trading program for sources of PM, NOX and SOX in area A; committee report recommendations by 12/1/02 to governor and legislature; committee to consider: feasibility, visibility goals and in what terms, imposition of cap if goals are not attained, allocation methods if there is a cap and trading procedures
· Appropriations- undetermined amounts from undetermined funds for:
1. V2R2 with x% for the diesel portion (FY 02 and 03)
2. DEQ assistance to municipalities in preparing and implementing ordinances that may be required for the expansion of area A (FY 02)
Engine idling
· Mandatory engine idling restrictions for engines that propel a heavy duty diesel vehicle (GVW 14,000+ pounds) in Area A; discretionary in other counties. Exemptions would include:
· Vehicles such as police, fire and emergency vehicles.
· Situations such as traffic delays or the need for a driver to sleep in the vehicle
· Types of equipment operation such as refrigeration of cargo.
· A civil penalty to the driver:
1st violation - $100
2nd and subsequent violations- $300.00
· Idling is defined as the operation of an engine in the operating mode, where the engine in not engaged in gear and the engine operates at a speed at the RPM specified by the engine or vehicle manufacturer for when the accelerator is fully released and there is a load on the engine.
Bypass
· The reference to a Gila Bend truck bypass is changed to bypass routes.
Emissions bank
· DEQ's emissions bank program identifies specific air pollutants (particulate matter, sulfur dioxide, carbon monoxide, nitrogen dioxide or volatile organic compounds). The rules for the starting date of the program is moved from January 1, 2001 to January 1, 2002.
V2R2
· Diesel vehicles that fail the centralized emissions test may participate in the program.
Area A boundary
· A small triangle in Area A, specifically Township 6 North, Range 1 East and Range 1 West (west of Lake Pleasant) is added.
Roadside diesel testing program
· Upon completion of a study report by DEQ (by 6/30/02), the agency shall establish and administer a roadside diesel (>8,500 pounds GVW) testing program for vehicles operating in Area A or B. The test is a smoke opacity test (SAE J1667). There is a six month phase in period during which no citation shall be issued.
· DEQ is authorized to contract with an independent contractor to implement the program; if an independent contractor is utilized, DOA shall administer the RFP and award processes.
· Cutpoints are established as follows for the beginning of the program: 40% for model year 1991 or newer; 55% for model years 1974-1990; 70% for 1973 and older. The cutpoints may be adjusted.
· There is a civil penalty structure for registered operators who fail the opacity test or refuse to submit to the test. The penalties range from $300 to $1,800 depending on degree of test failure and the timeframe in which compliance and penalty payment is met. All civil penalties go the state general fund.
Voluntary accelerated purchase
of Tier II/III equipment
· Specifies nonroad equipment.
Visibility index
· Removes surveying visitors to Area A. (limited to residents only)
· The index would not be used as a standard or for the purpose of establishing emissions limitations in permits issued by DEQ or a county control officer.
Voluntary construction program;
generators
· There is a 5 year voluntary program among power suppliers and the construction industry to identify viable sources of electric power to reduce the use of generators. A written status report is due February 1, 2003 and 2004.
Appropriations- general fund
· $500,000 in FY 2001-2002 and $2,000,000 in FY 2002-2003 to V2R2. (no specificity for the diesel part of the program)
· $750,000 in FY 2001-2002 and $1,250,000 in FY 2002-2003 to DEQ for the funding of a roadside diesel testing program.
· $125,000 in FY 2001-2002 to DEQ to assist political subdivisions in preparing and implementing ordinances for the expansion of Area A.
· $450,000 in FY 2001-2002 and $325,000 in FY 2002-2003 to DEQ for the funding to create a visibility index.
· $300,000 in FY 2001-2002 and $300,000 in FY 2002-2003 to DEQ for the support of an emissions cap and trade program in Area A.
Deletions
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emissions trading advisory committee