House of Representatives

HB 2598

air quality; conditional orders

Sponsors: Rep. Tully

X	Committee on Environment
	Caucus and COW
	As Passed the House

HB 2598 would give state and counties (Maricopa, Pima, Pinal) the authority to issue an "essential public service" conditional order modifying the permit of an air pollution source.

History

Under existing law, DEQ or the county control officer may issue a conditional order for an air pollution source which allows that source to vary from any statutory or regulatory provision if the director or control officer determines the following:

· The issuance of the conditional order will not endanger public health or the environment, or impede attainment of national ambient air quality standards.

· Either of the following:

· There has been a breakdown of equipment or upset of operations, compliance existed before the breakdown or upset, and the breakdown or upset may be corrected within a reasonable time.

· There is no reasonable relationship between the economic and social cost of, and benefits to be obtained from, achieving compliance.

Provisions

· The director of DEQ or the county control officer may issue a conditional order modifying the permit of an air pollution source if each of the following findings are made:

· The conditions for the allowance of conditional order already exist (as listed above).

· The issuance of the conditional order is warranted to prevent or avoid the disruption of an "essential public service".

· If the conditional order is issued for equipment breakdown or an operational disruption (as listed above), the problem will be corrected within a reasonable time.

· The director or control officer shall grant or deny a petition for an "essential public service" conditional order within thirty days of receipt; the director/control officer may issue such a conditional order within 24 hours after receipt of a petition. After issuance, public notice shall be given in a publication of general circulation.

· An "essential public service" conditional order is valid for the period of time prescribed by the director or control officer for:

· Not more than one year in the case of a source that is required to obtain a state and Title V federal Clean Air Act permit.

· Three years in the case for any other source that is required to obtain a state permit.

· The holder of an "essential public service" conditional order may petition to renew the order. The total term of the initial period and all renewals shall not exceed three years from the issuance date of the order.

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45th Legislature

First Regular Session 2 February 9, 2001

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