brown cloud study; air
quality
DPA |
Committee on Environment |
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DP |
Committee on Appropriations |
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DPA |
Caucus and COW |
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x |
As Passed the House |
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HB 2538 would implement some of the recommendations 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
Area A boundary
(ARS 49-541; session law
sections 7 and 8)
Expansion of area A- 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. A small triangle in Area A, specifically Township 6 North, Range 1 East and Range 1 West (west of Lake Pleasant) is added.
Engine idling (ARS 11-877)
By 07/01/02, 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:
· Certain types of vehicles such as police, fire and emergency vehicles.
· Certain situations such as traffic delays or the need for a driver to sleep in the vehicle
· Certain types of equipment operation such as refrigeration of cargo.
· A civil penalty to the driver:
1st violation - $100
2nd and subsequent violations- $300
Ordinances may be enforced by a county control officer or any law enforcement officer authorized to enforce traffic laws.
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 no load on the engine.
Voluntary construction program; generators (session law section 11)
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.
Roadside diesel testing program (ARS 49-542.05 and 542.06 and session law section 9)
· DEQ is authorized to establish and administer a roadside diesel (>10,000 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 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 drivers 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. Notices of violation and citations issued and penalties assessed are appealable agency actions.
· By 6/30/02, DEQ is to report to the legislature and the governor on the following:
· The feasibility of coordinating the program with existing pullover programs.
· The identification of the location of existing inspection sites and potential locations for additional sites.
· The assessment of the potential number or percentages of diesel vehicles that visual screening would result in the suspected vehicle being inspected for exceeding the standards
· Description of scope, operation and implementation schedule.
Voluntary tier 2/3
(ARS 49-558)
Public and private sector entities may purchase or retrofit nonroad 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
Bypass (ARS
28-363)
Develop a plan to increase the use of bypass routes on days of poor visibility in the Phoenix metropolitan area.
V2R2 (ARS
49-474.03)
Diesel vehicles that fail the centralized emissions test may participate in the program.
Visibility index
(session law section 10)
DEQ shall establish a daily index by 12/31/03 for area A; index based on results of an Area A survey of residents; prior to establishment of 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 . 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.
Emissions bank
(ARS 49-410) (modifies existing
law)
DEQ's emissions bank program identifies specific air pollutants (particulate matter, sulfur dioxide, carbon monoxide, nitrogen dioxide or volatile organic compounds). The start date of the program is January 1, 2002 (was 2001).
Appropriations- general
fund (session law section 12)
· $500,000 in FY 2001-2002 and $2,000,000 in FY 2002-2003 to V2R2.
· $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 develop 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 for PM, NOX and SOX in Area A
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:
· Certain types of vehicles such as police, fire and emergency vehicles.
· Certain situations such as traffic delays or the need for a driver to sleep in the vehicle
· Certain types of equipment operation such as refrigeration of cargo.
· A civil penalty to the driver:
1st violation - $100
2nd and subsequent violations- $300.00
Ordinances may be enforced by a county control officer or a law enforcement officer authorized to enforce traffic laws.
· 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 no 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 are 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
· DEQ 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. NOVs and citations issued and penalties assessed are appealable agency actions.
· By 6/30/02, DEQ is to report to the legislature and the governor on the following:
· The feasibility of coordinating the program with existing pullover programs.
· The identification of the location of existing inspection sites and potential locations for additional sites.
· The assessment of the potential number or percentages of diesel vehicles that visual screening would result in the suspected vehicle being inspected for exceeding the standards
· Description of scope, operation and implementation schedule.
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
·
emissions trading advisory committee
· Citations would be sent via certified mail rather than first class mail .