Assigned to NRAE                                                                                                             AS PASSED BY THE SENATE

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR H.B. 2130

 

hazardous waste facility; notice; hearing

(NOW: licensing time frames; environmental permits)

 

Purpose

 

Exempts certain permits issued by the Arizona Department of Environmental Quality from overall licensing timeframes.

 

Background

 

In the late 1990s, a series of legislative efforts resulted in the reform of state regulatory procedures, including the state rulemaking procedures and establishment of a comprehensive bill of rights for persons subject to the regulatory jurisdiction of the State.  As part of this effort, every state agency was required to adopt licensing timeframes during which the agency must either grant or deny each type of license that it issues (Title 41, Chapter 6, Article 7.1).  Once adopted, failure by an agency to grant or deny an application within the overall timeframe may subject the agency to sanctions.

 

Some of the permits issued by the Arizona Department of Environmental Quality (ADEQ) require the submittal and review of substantial technical information.  Because of this, some applicants are agreeing to extend the established timeframes for application review.  Additionally, some permits approved by ADEQ are subsequently reviewed by the U.S. Environmental Protection Agency (EPA), which is not required to comply with the requirements of licensing timeframes.

 

H.B. 2130 exempts certain permits that are reviewed by the EPA from the overall licensing timeframe for that permit. 

 

There is no anticipated fiscal impact to the state general fund relating to the provisions of this bill.

 

Provisions

 

1.      Declares that ADEQ’s submission of a revised permit for EPA approval is the same as granting or denying the application.  This ends the accrual of time for purposes of determining compliance with the overall licensing timeframe, and applies only to Arizona pollutant discharge elimination system permits and air permits for major sources subject to Title V of the federal Clean Air Act.

 

2.      Provides for a general effective date.

 

Amendment Adopted by Committee

 

·        Adopted strike everything amendment.

 

Senate Action

 

NRAE            4/25/02     DPA/SE   5-0-3

3rd Read          5/02/02                       28-0-2-0

 

 

Prepared by Senate Staff

May 3, 2002