technical correction; air pollution; orders

57th Legislature - Second Regular Session Introduced by Tim Dunn

Sets clear 30/60 day deadlines to decide conditional order petitions and requires detailed compliance plans, rapid construction, reports, inspections, and a funded fee.

Senate First Reading

Summary of SB 1337 (57th-2nd Regular Session, Arizona)

Purpose

SB 1337 makes a technical correction to the state air pollution statute, specifically clarifying and codifying requirements related to decisions on petitions for conditional orders under the air pollution control framework.

Key provisions and changes

Timing for decision on petitions (Section 49-439, A):

The Director must either deny the petition or grant it within:
30 days after the conclusion of the hearing held under §49-438(B), or
60 days after the filing of the petition if no hearing is held.

Conditions attached to a conditional order (Section 49-439, B):

If the Director grants a petition or imposes a conditional order, the terms and conditions must include at least:
A detailed plan for completing corrective steps necessary to conform to the state’s air pollution provisions, applicable rules, and the permit requirements.
A requirement that necessary construction begin as expeditiously as practicable.
Any written reports that may be required.
The right to periodic inspections of the facilities covered by the conditional order.

Administrative fee (Section 49-439, C):

A reasonable fee, as prescribed by the Director, must be deposited into the air pollution control permit administration fund (the fund referenced is identified in this section as well as the related statutory cross-reference to the fund).

Who/what is affected

Regulated facilities and permittees: Entities subject to air pollution control orders and permits, particularly those under a petition for a conditional order, would be affected by clarified timelines, required corrective actions, reporting, and inspection rights.

Arizona Department of Environmental Quality (ADEQ) / Director: The Director’s duties are clarified regarding timing for decisions and the imposition of conditions and inspections.

Air pollution control permit administration fund: The bill reinforces the mechanism for funding administration through a deposit of reasonable fees.

Procedural and timeline aspects

Decision timeline: Establishes explicit deadlines (30 days post-hearing or 60 days post-petition if no hearing) for the Director to act on conditional order petitions.

Conditional order obligations: Lists concrete elements that must be included in any conditional order to ensure conformity, timely construction, accountability through reporting, and oversight via inspections.

Funding mechanism: Maintains or clarifies the process for funding administration of air pollution permits via director-set fees.

Practical implications

Potential for faster resolution of petitions for conditional orders due to clear deadlines.

Enhanced assurance for compliance through a structured plan, expeditious commencement of required construction, mandatory reporting, and routine inspections.

Funding clarity for permit administration may impact budgeting and fee structures for regulated entities.

If you’d like, I can compare SB 1337 to the current statute (for gaps or substantive changes) or provide a plain-language one-page briefing for stakeholders.