ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
environmental quality programs; terminations; repeal
Purpose
Eliminates the sunset date for certain programs under the jurisdiction of the Arizona Department of Environmental Quality (ADEQ). Transfers the administration of the Oil and Gas Conservation Commission (Commission) to ADEQ.
Background
Commission
The Commission consists of the State Land Commissioner and five members appointed by the Governor. The Commission administers and enforces the law relating to the conservation of oil and gas. ADEQ statutorily provides support staff for the Commission. Under current statute, the Commission terminates on July 1, 2022 (A.R.S 41-3022.24, 27-514 & 27-515).
Vehicle Emissions Inspection Program (VEIP)
The VEIP allows the ADEQ Director to adopt minimum emissions standards, oversee the state's annual or biennial emissions inspection program and provides for vehicle inspections at official emissions inspection stations, fleet emissions inspection stations or remote vehicle inspection. Under current statute, the VEIP terminates on July 1, 2020 (A.R.S 49-542 & 41-3022.09).
Voluntary Remediation Program (VRP)
Facilities and sites voluntarily investigate and clean up contaminated soil and groundwater sites in cooperation with ADEQ. The VRP allows site owners or operators to submit applications detailing proposed remediation efforts for contaminated sites to ADEQ. ADEQ reviews proposed voluntary remedial actions and determines if no further action is required after successful site cleanup. In return for cooperation and proper remediation as approved by the Director, ADEQ foregoes enforcement activity at the site. Under current statute, the VRP terminates July 1, 2020 (A.R.S 49-174, 49-175, 49-181 & 41-3102).
Total Maximum Daily Load Program (TMDLP)
The TMDLP allows the adoption of total maximum daily load implementation plans, written strategies to implement a total maximum daily load for impaired water to meet requirements from the Clean Water Act. The plans may rely on the following to achieve applicable surface water quality standards: 1) permit limitations; 2) best management practices; 3) education and outreach efforts; 4) technical assistance; 5) cooperative agreements voluntary measures and incentive-based programs; 6) load reduction resulting from other legally required programs or activities; 7) land management programs, pollution prevention planning; and 8) waste minimization or pollutant trading agreement. Under current statute, the TMDLP terminates July 1, 2020 (A.R.S 49-231 & 49-238).
Monitoring Assistance Program (MAP)
MAP allows ADEQ to assist public water systems in complying with the Federal Safe Drinking Water Act. The program requires ADEQ provide for the collection, transportation and analysis of baselines samples from public water systems in a frequency to keep systems in compliance. Statute requires the program to include the monitoring of volatile organic compounds, synthetic organic compounds, inorganic compounds except copper and lead and radiochemicals. Under current statute, MAP terminates January 1, 2021 (ARS 49-360).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Eliminates the sunset dates for the TMDLP, MAP, VRP, VEIP and the Commission.
2. Transfers administration of the Commission to ADEQ.
3. Makes technical and confirming changes.
4. Becomes effective on the general effective date.
House Action
NREW 1/22/20 DPA 11-0-0-2
3rd Read 2/11/20 59-0-1
Prepared by Senate Research
March 9, 2020
KN/CDT/gs