Arizona SB 1449: asbestos program; rules; fees

Bill Text

SB1449 - 572R - I Ver 

 REFERENCE TITLE: asbestos program; rules; fees

 State of Arizona

 Senate

 Fifty-seventh Legislature

 Second Regular Session

 2026

 SB 1449

 Introduced by 

 Senator 
 Shope

AN 
ACT

Amending sections 49-426.03 and 49-551, 
Arizona Revised Statutes; RELATING to state air pollution control.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 49-426.03, Arizona Revised 
Statutes, is amended to read:

START_STATUTE49-426.03. Enforcement of federal hazardous air pollutant program; rules; 
fee

A. The list of hazardous air pollutants in section 
112(b)(1) of the clean air act is adopted as the list of federally listed 
hazardous air pollutants that will be subject to the program adopted pursuant 
to subsection B of this section. Within one year after the 
administrator adds or deletes a pollutant pursuant to section 112(b)(2) or (3) 
of the clean air act, the director shall adopt those 
revisions for the list adopted pursuant to this subsection unless the director 
finds that there is no scientific evidence to support the revision.

B. The director shall adopt by rule a program for 
administration and enforcement of the federal hazardous air pollutant program 
established by section 112 of the clean air act. The program shall 
be consistent with and meet the requirements of section 112 of the clean air 
act and shall contain the following provisions:

1. After the date specified by the administrator in 
rules adopted pursuant to section 112(g)(1)(B) of the clean air act, no person 
may obtain a permit or permit revision to modify a major source of federally 
listed hazardous air pollutants or to construct a new major source of federally 
listed hazardous air pollutants, unless the director determines that the person 
will install the maximum achievable control technology for the modification or 
new major source. For purposes of this paragraph, the 
terms "major source" and "modification" have the 
meanings set forth in section 112(a) of the clean air act and implementing 
regulations adopted by the administrator. A new or modified major 
source of federally listed hazardous air pollutants means a major source that 
commences construction or a modification after rules adopted by the director 
pursuant to this subsection become effective pursuant to section 
41-1032. A physical change to a source or change in the method of 
operation of a source is not a modification subject to this paragraph or 
paragraph 2 of this subsection if the change complies with section 112(g)(1) of 
the clean air act.

2. After the date specified by the administrator in 
rules adopted pursuant to section 112(g)(1)(B) of the clean air act and until 
the administrator adopts emissions standards establishing the maximum 
achievable control technology for a source category or subcategory that 
includes a source subject to paragraph 1 of this subsection, the director shall 
determine the maximum achievable control technology for the modification of new 
major source on a case-by-case basis. If the director determines 
that it is not feasible to prescribe or enforce an emission standard, a maximum 
achievable control technology standard imposed pursuant to this paragraph may 
consist of a design, equipment, work practice or operational standard, or a 
combination thereof.

3. If an existing source submits an application 
pursuant to section 49-426 which that 
demonstrates that the source has achieved a reduction of ninety per cent percent or more of federally 
listed hazardous air pollutants or ninety-five per cent 
percent in the case of federally listed hazardous air 
pollutants that are particulates, the director shall issue a permit or permit 
revision allowing the source to meet an alternative emission limitation 
reflecting such reduction in lieu of an emission limitation promulgated by the 
administrator under section 112(d) of the clean air act. The 
application shall comply with section 112(i)(5) of the clean air act and 
implementing regulations adopted by the administrator. The alternative emission 
limitation shall apply for a period of six years from the compliance date 
otherwise applicable to the source under section 112(d) of the clean air act.

4. If the administrator fails to adopt a standard 
for a source category or subcategory within eighteen months after the deadline 
established for that category or subcategory pursuant to section 112(e)(1) and 
(3) of the clean air act, the owner or operator of an existing major source in 
the category or subcategory shall be required to submit a permit application 
for such source pursuant to section 49-426, and the director, acting in 
accordance with the procedures adopted pursuant to section 49-426, shall 
be required to issue a permit establishing maximum achievable control 
technology for the affected source on a case-by-case basis or, in the 
alternative, an alternative emission limita