ARIZONA STATE SENATE
Phoenix, Arizona
emissions
testing; motorcycles
(NOW: emissions
exemptions; EPA request)
Purpose
Requires the Arizona Department of Environmental Quality to contact the United States Environmental Protection Agency and request a vehicle emissions testing exemption for motorcycles and collectible vehicles.
Background
The United States Environmental Protection Agency (EPA) sets national standards for common air pollutants. The EPA primary standard sets forth the maximum allowable amount of a pollutant, and this standard is designed to protect human health. An area that does not meet the primary standard for an air pollutant is designated as a nonattainment area by the EPA. The Phoenix area is currently a nonattainment area for carbon monoxide, particulates and ozone, and the Tucson area is a nonattainment area for carbon monoxide.
Under the federal Clean Air Act, states are required to submit a state implementation plan (SIP) to provide for the attainment of federal air quality standards in nonattainment areas. A SIP consists of all air pollution strategies, area plans, statutes, rules and ordinances implemented within a nonattainment area. The SIP must be submitted to the EPA for approval. After the EPA approves the SIP, it becomes federally enforceable, and revisions to a SIP must be submitted to the EPA. After a nonattainment area achieves air quality standards, the EPA must approve a maintenance plan, which provides for ongoing efforts to maintain compliance with EPA standards.
In 2000, the Legislature modified Arizona’s SIPs for carbon monoxide and ozone by repealing the remote emissions sensing program (44th Legislature, 2nd Regular Session, Chapter 404). The Arizona Department of Environmental Quality (ADEQ) discontinued the program and a lawsuit was filed by a private party to enforce the SIP. The U.S. District Court of Arizona ruled that Arizona may not modify its SIP without approval from the EPA (Sweat v. Hull).
H.B. 2501 requires ADEQ to request an emissions exemption from the SIP for motorcycles or collectible vehicles from the EPA.
There is no anticipated fiscal impact to the state general fund relating to the provisions of this bill.
Provisions
1. Requires ADEQ to contact the EPA and request an emissions testing exemption from the SIP or maintenance plan for motorcycles or collectible vehicles.
2. Stipulates that ADEQ shall make the request only after determining that continued testing of motorcycles or collectible vehicles does not provide a significant air quality benefit and is not needed to satisfy requirements of the SIP or maintenance plan.
3. Requires the Director of ADEQ to submit a written report of its findings and activities regarding the request to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Maricopa Association of Governments by December 31, 2004.
4. Defines collectible vehicle.
5. Repeals this request on December 31, 2004.
6. Provides for a general effective date.
House Action
TRANS 2/11/02 DPA/SE 7-2-1-0-0
ENV 3/26/02 DP 6-1-0-3-0
3rd Read 4/8/02 50-0-10-0
Prepared by Senate Staff
April 16, 2002