ARIZONA STATE SENATE

RESEARCH STAFF

ADAM VAN BUSKIRK

LEGISLATIVE INTERN

KERRI MOREY

LEGISLATIVE RESEARCH ANALYST

JUDICIARY COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

TO: MEMBERS OF THE SENATE

NATURAL RESOURCES, AGRICULTURE & ENVIRONMENT

COMMITTEE

DATE: April 23, 2002

SUBJECT: Strike Everything Amendment to H.B. 2411

Purpose

Exempts some Title V air quality permits for existing sources from the evaluation of the Arizona Department of Environmental Quality’s progress toward reaching performance objectives.

Background

In 1999, a Joint Legislative Committee of Reference recommended that the Arizona Department of Environmental Quality (ADEQ) be continued, and that a set of performance objectives be established for ADEQ as part of the sunset review process. In 2000, the Legislature continued ADEQ until 2005, and established performance objectives for the agency to meet by June 30, 2002 (Laws 2000, Chapter 389 ). One of the performance objectives is that ADEQ take final action on Title V air quality permits for existing energy utilities, mines, smelters, lime plants, cement plants and ammonium nitrate plants.

The strike everything amendment to H.B. 2411 exempts Title V permits from the evaluation of ADEQ’s progress towards meeting the performance objectives if the source waives issuance of the permit or if the U.S. Environmental Protection Agency (EPA) objects to a final proposed permit.

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

Provisions

1. Exempts Title V permits for existing sources from the evaluation of ADEQ’s progress towards reaching performance objectives for the 2002 review of the agency. The exemption applies only to sources that waive issuance of the permit by June 30, 2002, or if the EPA objects to a final proposed permit.

2. Contains a retroactivity clause of February 28, 2002.

AV/KM/jas