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Laws/Rules
House Bill 2580 achieves highest number of deregulatory, clean-up and technical corrections in Department history

 

PHOENIX (Sept. 29, 2021) – ADEQ officials today thank Governor Doug Ducey for signing House Bill 2580 (HB 2580) into law. Sponsored by Representative Gail Griffin, this legislation reduces unnecessary regulations, while continuing to promote environmentally responsible economic growth in Arizona.

In response to Governor Ducey’s Executive Order 2015-01, HB 2580 is part of ADEQ’s continuous evaluation of existing statutes and rules to identify and remove, simplify or correct duplicative, contradictory and ambiguous regulatory hurdles. HB 2580 successfully repeals 15 pieces of statute, amends an additional five statutes, and enables ADEQ to streamline three sections of rule from the Arizona Administrative Code, offering tangible benefits to both Arizona taxpayers and industry.

“This is the latest in a series of omnibus bills I have sponsored to make it easier to do business with ADEQ without reducing ADEQ’s ability to protect public health and the environment,” said Representative Gail Griffin.

“ADEQ is committed to achieving positive mission outcomes through efficient, effective government at the speed of business,” said ADEQ Director Misael Cabrera. “Streamlined regulations eliminate waste from our processes and increase our capacity to work with our customers to do more mission-critical work for Arizonans and our unique environment."

Details:

The latest in a series of bills enacted to improve the ADEQ regulatory structure, HB 2580 accomplishes the following:

Eliminates statutes:

  • Repeals a duplicative requirement to adopt a process related to Water Quality Assurance Revolving Fund (WQARF) boundaries. (A.R.S. §49-289.01(C))
  • Repeals requirements for state-owned hazardous waste facilities that were adopted in 1980 since there are no such sites, no intention of creating any, and to eliminate conflict with a mandate that state statute not be more stringent than federal law. (A.R.S. §49-902 – §49-905)
  • Repeals a one-time requirement to conduct a hazardous air pollutants study and issue a report, which was satisfied in 1995. (A.R.S. §49-426.08)
  • Repeals the diesel roadside testing pilot program and its corresponding civil penalties, which were determined as unfeasible in 2002 . (A.R.S. §49-542.06 and §49-542.07)
  • Repeals the requirement for the Department to write rules related to changing air quality attainment area designations, since the federal Clean Air Act already mandates the process. (A.R.S. §49-405(B)(2))
  • Repeals the annual requirement for consumers of newsprint to certify the amount of recycled newsprint purchased the previous year, since it no longer provides environmental benefit. When this statute was enacted in 1990, landfilled newsprint made up a significant portion of the nation’s waste stream. Since then, newsprint in the waste stream has decreased by 85 percent. (A.R.S. §49-834)

Modifies statutes:

  • Aligns air quality public hearing notice timeframes with federal and state regulations. (A.R.S. §49-425)
  • Makes the development of criteria governing disbursement of solid waste planning and assistance funds to county, city or town management agencies discretionary instead of mandatory, since funds have never been appropriated for this purpose. (A.R.S. §49-724)
  • Removes a requirement to include a summary of Pollution Prevention Report reviews in an annual report that, due to a statutory change in 2003, the agency is no longer required to produce. (A.R.S. §49-964(C))
  • Removes a requirement for the Joint Legislative Budget Committee (JLBC) to review Vehicle Emissions Inspection Program Contracts, since the requirement for JLBC to review the initial contract was repealed in 2011 and JLBC has not unfavorably reviewed any contract amendment for over a decade. (A.R.S. §49-545(G))
  • Removes the requirement for ADEQ to develop a response to the U.S. Environmental Protection Agency (EPA) Clean Power Plan (CPP), including coordination with and reporting to a defunct legislative committee, since EPA did not adopt the CPP. (A.R.S. §49-459)
  • Allows ADEQ to convene WQARF Community Advisory Board meetings at any time in response to a public or municipal request or site condition changes, instead of on a mandated quarterly basis. (A.R.S. §49-289.03(F)(2))

View ADEQ’s 2021 Legislative Summary >

Contact

ADEQ Public Information Officer
602-540-8072 | Email >