Terms Used In Arizona Laws > Title 49 > Chapter 3 - Air Quality

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Administrator: means the administrator of the United States environmental protection agency. See Arizona Laws 49-401.01
• Adverse effects to human health: means those effects that result in or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, including adverse effects that are known to be or may reasonably be anticipated to be caused by substances that are acutely toxic, chronically toxic, carcinogenic, mutagenic, teratogenic, neurotoxic or causative of reproductive dysfunction. See Arizona Laws 49-401.01
• Advisory council: means any county air pollution control advisory council established pursuant to this article. See Arizona Laws 49-471
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Air contaminants: includes smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, particulate matter, wind-borne matter, radioactive materials, or noxious chemicals, or any other material in the outdoor atmosphere. See Arizona Laws 49-421
• Air contaminants: includes smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, particulate matter, wind-borne matter, radioactive materials or noxious chemicals, or any other material in the outdoor atmosphere. See Arizona Laws 49-471
• Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants or combinations thereof in sufficient quantities, which either alone or in connection with other substances by reason of their concentration and duration are or tend to be injurious to human, plant or animal life, or cause damage to property, or unreasonably interfere with the comfortable enjoyment of life or property of a substantial part of a community, or obscure visibility, or which in any way degrade the quality of the ambient air below the standards established by the director. See Arizona Laws 49-421
• Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants or combinations thereof in sufficient quantities, which either alone or in connection with other substances, by reason of their concentration and duration are or tend to be injurious to human, plant or animal life, or cause damage to property, or unreasonably interfere with the comfortable enjoyment of life or property of a substantial part of a community, or obscure visibility, or which in any way degrade the quality of the ambient air below the standards established by the board of supervisors. See Arizona Laws 49-471
• Allegation: something that someone says happened.
• Alternate mode: means any mode of commute transportation other than the single occupancy motor vehicle. See Arizona Laws 49-581
• Alternative fuel: means :

  (a) Electricity. See Arizona Laws 1-215

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approvable travel reduction plan: means a plan that is submitted by a major employer and that meets the requirements set forth in section 49-588. See Arizona Laws 49-581
• Arizona Grand Canyon visibility transport commission class I areas: means the following four mandatory federal class I areas in this state that were the subject of recommendations made by the Grand Canyon visibility transport commission pursuant to the clean air act:

  (a) Grand Canyon national park. See Arizona Laws 49-401.01

• Arizona mandatory federal class I areas: means the following eight national parks and wilderness areas that are designated as mandatory federal class I areas in this state pursuant to the clean air act and does not include the Arizona Grand Canyon visibility transport commission class I areas:

  (a) Pine Mountain Wilderness. See Arizona Laws 49-401.01

• Attainment area: means any area in this state that has been identified in regulations promulgated by the administrator as being in compliance with national ambient air quality standards. See Arizona Laws 49-401.01
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Begin actual construction: means initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. See Arizona Laws 49-401.01
• Board: means the board of supervisors of a county with a population of more than one million two hundred thousand persons according to the most recent United States decennial census. See Arizona Laws 49-581
• Board: means the county board of supervisors. See Arizona Laws 11-681
• Board of supervisors: means any county board of supervisors. See Arizona Laws 49-471
• Bond related expenses: means any expenses incurred by the county to issue and administer bonds issued under this article, including underwriting fees and costs, trustee fees, financial consultant fees, printing and advertising costs, paying agent fees, transfer agent fees, legal, accounting, feasibility consultant and other professional fees and expenses, credit enhancement fees, attorney and accounting fees and expenses related to credit enhancement, bond insurance or liquidity enhancement, remarketing fees, rating agency fees and costs, travel and telecommunications expenses and all other expenses considered necessary by the county board of supervisors in order to market and administer the bonds. See Arizona Laws 11-681
• Bonds: means the bonds issued pursuant to this article. See Arizona Laws 11-681
• Certificate of inspection: means a serially numbered device or symbol, as may be prescribed by the director, indicating that a vehicle has been inspected pursuant to the provisions of section 49-546 and has passed inspection. See Arizona Laws 49-541
• Certificate of waiver: means a uniquely numbered device or symbol, as may be prescribed by the director, indicating that the requirement of passing reinspection has been waived for a vehicle pursuant to the provisions of this article. See Arizona Laws 49-541
• Chambers: A judge's office.
• Circumstantial evidence: All evidence except eyewitness testimony.
• Clean air act: means the clean air act of 1963 (P. See Arizona Laws 49-401.01
• Clean burning fuel: means :

  (a) An emulsion of water-phased hydrocarbon fuel that contains not less than twenty percent water by volume and that complies with any of the following:

  (i) Is used in an engine that is certified to meet at a minimum the United States environmental protection agency low emission vehicle standard pursuant to 40 C. See Arizona Laws 1-215

• Commence: means , as applied to construction of a source:

  (a) For purposes other than title IV of the clean air act, that the owner or operator has obtained all necessary preconstruction approval or permits required by federal law and this chapter and has done either of the following:

  (i) Begun or caused to begin a continuous program of physical on-site construction of the source to be completed within a reasonable time. See Arizona Laws 49-401.01

• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Commute trip: means a trip taken by an employee to or from a work site located within the county. See Arizona Laws 49-581
• Commuter matching service: means a system, whether it uses computer or manual methods, which assists in matching employees for the purpose of sharing rides to reduce the drive alone travel. See Arizona Laws 49-581
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conditioning mode: means either a fast idle test or a loaded test. See Arizona Laws 49-541
• Construction: means any physical change in a source or change in the method of operation of a source including fabrication, erection, installation or demolition of a source that would result in a change in actual emissions. See Arizona Laws 49-401.01
• Contract: A legal written agreement that becomes binding when signed.
• Control officer: means the executive head of the department authorized or designated to enforce air pollution regulations, or the executive head of an air pollution control district established pursuant to section 49-473. See Arizona Laws 49-471
• Conventional air pollutant: means any pollutant for which the administrator has promulgated a primary or secondary national ambient air quality standard. See Arizona Laws 49-401.01
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Curb idle test: means an exhaust emissions test conducted with the engine of a vehicle running at the manufacturer's specified idle speed plus or minus one hundred revolutions per minute but without pressure exerted on the accelerator. See Arizona Laws 49-541
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
• Donor: The person who makes a gift.
• Emissions inspection station permit: means a certificate issued by the director authorizing the holder to perform vehicular inspections pursuant to this article. See Arizona Laws 49-541
• Employer: means any sole proprietor, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, either public or private, that employs workers. See Arizona Laws 49-581
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fast idle test: means an exhaust emissions test conducted with the engine of the vehicle running under an accelerated condition to an extent prescribed by the director. See Arizona Laws 49-541
• Federally listed hazardous air pollutant: means any air pollutant adopted pursuant to Section 49-426. See Arizona Laws 49-401.01
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fleet emissions inspection station: means any inspection facility operated under a permit issued to a qualified fleet owner or lessee as determined by the director. See Arizona Laws 49-541
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Golf cart: means a motor vehicle which has not less than three wheels in contact with the ground, has an unladen weight of less than thirteen hundred pounds, is designed to be and is operated at not more than fifteen miles an hour and is designed to carry golf equipment and persons. See Arizona Laws 49-541
• Grand Canyon visibility transport commission: means the visibility transport commission established pursuant to section 169B of the clean air act for the region affecting the visibility of the Grand Canyon national park. See Arizona Laws 49-401.01
• Grand Canyon visibility transport commission class I areas: means the following sixteen mandatory federal class I areas in the region of Grand Canyon national park that were the subject of recommendations by the Grand Canyon visibility transport commission pursuant to the clean air act:

  (a) Grand Canyon national park in Arizona. See Arizona Laws 49-401.01

• Hazardous air pollutant: means any federally listed hazardous air pollutant and any air pollutant that the director has designated as a hazardous air pollutant pursuant to Section 49-426. See Arizona Laws 49-401.01
• Hazardous air pollutant reasonably available control technology: means an emissions standard for hazardous air pollutants that the director, acting pursuant to Section 49-426. See Arizona Laws 49-401.01
• Hearing board: means any county air pollution hearing board established pursuant to this article. See Arizona Laws 49-471
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Independent contractor: means any person, business, firm, partnership or corporation with which the director may enter into an agreement providing for the construction, equipment, maintenance, personnel, management and operation of official emissions inspection stations pursuant to section 49-545. See Arizona Laws 49-541
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• installation: means all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties and are under the control of the same person or persons under common control except the activities of any vessel. See Arizona Laws 49-401.01
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loaded test: means an exhaust emissions test conducted at cruise or transient conditions as prescribed by the director. See Arizona Laws 49-541
• Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
• Maintenance area: means any nonattainment area that has been redesignated by the administrator to attainment status. See Arizona Laws 49-401.01
• Major employer: means an employer with one hundred or more employees working at or reporting to a single work site during any twenty-four hour period for at least three days per week during at least six months of the year, except that in area A the threshold is fifty employees. See Arizona Laws 49-581
• Major source: means a stationary source or a group of stationary sources that is located within a contiguous area, that is under common control and that is defined as a major source in section 501(2) of the clean air act or that is a major emitting facility as defined in title I, part C of the clean air act or that is defined in department rules as a major source consistent with the clean air act. See Arizona Laws 49-401.01
• Maximum achievable control technology: means an emission standard that requires the maximum degree of reduction in emissions of the hazardous air pollutants subject to this chapter, including a prohibition on such emissions where achievable, and that the director, after considering the cost of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements, determines to be achievable by an affected source to which such standard applies, through application of measures, processes, methods, systems or techniques including measures that:

  (a) Reduce the volume of, or eliminate emissions of, such pollutants through process changes, substitution of materials or other modifications. See Arizona Laws 49-401.01

• Minor source: means any stationary or portable source that is not a major source. See Arizona Laws 49-401.01
• Mobile source: means any combustion engine, device, machine or equipment that operates during transport and that emits or generates air contaminants whether in motion or at rest. See Arizona Laws 49-401.01
• Mode: means the type of conveyance used in transportation, including single occupancy motor vehicle, rideshare vehicles, transit, bicycle and walking. See Arizona Laws 49-581
• modify: means a physical change in or change in the method of operation of a source that increases the emissions of any regulated air pollutant emitted by such source by more than any relevant de minimis amount or that results in the emission of any regulated air pollutant not previously emitted by more than such de minimis amount. See Arizona Laws 49-401.01
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Motor vehicle: means any self-propelled vehicle including a car, van, bus or motorcycle and all other motorized vehicles. See Arizona Laws 49-581
• National ambient air quality standard: means the ambient air pollutant concentration limits established by the administrator pursuant to 42 United States Code § 7409. See Arizona Laws 49-401.01
• Nonattainment area: means any area in this state that is designated as prescribed by section 49-405 and where violations of national ambient air quality standards have been measured. See Arizona Laws 49-401.01
• Nonattainment area plan: means an air pollution control plan developed in accordance with 42 United States Code §§ 7501 through 7515. See Arizona Laws 49-401.01
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Official emissions inspection station: means an inspection facility, other than a fleet emissions inspection station, whether placed in a permanent structure or in a mobile unit for conveyance among various locations within this state, for the purpose of conducting emissions inspections of all vehicles required to be inspected pursuant to this article. See Arizona Laws 49-541
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
• Permit: includes all or any part of a county permit, license, certificate, approval, registration, charter or similar form of permission required by law. See Arizona Laws 49-471
• Permitting: includes the county process for granting, denying, renewing, revoking, suspending, annulling, withdrawing or amending a permit. See Arizona Laws 49-471
• Permitting authority: means the department or a county department or agency that is charged with enforcing a permit program adopted pursuant to section 49-480, subsection A. See Arizona Laws 49-401.01
• Person: includes any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, the state and any of its agencies, departments or political subdivisions, as well as a natural person. See Arizona Laws 49-421
• Person: includes any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, the state and any of its agencies, departments or political subdivisions, as well as a natural person. See Arizona Laws 49-471
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Petty offense: A federal misdemeanor punishable by six months or less in prison. ^{Source: U.S. Courts}
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Planning agency: means an organization designated by the governor pursuant to 42 United States Code § 7504. See Arizona Laws 49-401.01
• Political subdivision: means a city, town or county of this state. See Arizona Laws 49-581
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Portable source: means any stationary source that is capable of being transported and operated in more than one county of this state. See Arizona Laws 49-401.01
• Potential to emit: means the maximum capacity of a stationary source to emit a pollutant, excluding secondary emissions, under its physical and operational design. See Arizona Laws 49-401.01
• Primary standard attainment date: means the date defined within a nonattainment area plan in accordance with 42 United States Code §§ 7401 through 7515 or applicable regulations adopted by the United States environmental protection agency by January 1, 1999 and after which date primary national ambient air quality standards may not be violated. See Arizona Laws 49-401.01
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Public interest group: means any nonprofit group whose purpose is to further the welfare of the community. See Arizona Laws 49-581
• Reasonable further progress: means the schedule of emission reductions defined within a nonattainment area plan as being necessary to come into compliance with a national ambient air quality standard by the primary standard attainment date. See Arizona Laws 49-401.01
• Reduced emission vehicle: means a motor vehicle that is certified by the task force as being substantially lower emitting in actual use than vehicles generally purchased in the area and that shall be counted as less than a single motor vehicle for travel reduction plan purposes. See Arizona Laws 49-581
• Reduced emission vehicle factor: means a factor that is applied to the single occupancy vehicle count and the motor vehicle miles traveled count pursuant to section 49-588 to allow a reduced emission vehicle to receive less than the full count of a regular motor vehicle or a mile traveled by a regular motor vehicle. See Arizona Laws 49-581
• Regional: means an area which encompasses or overlaps territory within the jurisdiction of two or more political subdivisions of this state. See Arizona Laws 49-581
• Regional program: means the combination of all implemented plans within area A which program shall begin in January, 1989. See Arizona Laws 49-581
• Register: means the Arizona administrative register. See Arizona Laws 49-471
• Ridesharing: means transportation of more than one person for commute purposes in a motor vehicle, with or without the assistance of a commuter matching service. See Arizona Laws 49-581
• Rule or ordinance making: means the process for formulation and adoption of a rule or ordinance. See Arizona Laws 49-471
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Source: means any building, structure, facility or installation that may cause or contribute to air pollution or the use of which may eliminate, reduce or control the emission of air pollution. See Arizona Laws 49-401.01
• Staff: means the county staff assigned to the task force. See Arizona Laws 49-581
• State implementation plan: means the accumulated record of enforceable air pollution control measures, programs and plans adopted by the director and submitted to the administrator pursuant to 42 United States Code § 7410. See Arizona Laws 49-401.01
• Stationary source: means any facility, building, equipment, device or machine that operates at a fixed location and that emits or generates air contaminants. See Arizona Laws 49-401.01
• Statute: A law passed by a legislature.
• Tampering: means removing, defeating or altering an emissions control device which was installed at the time a vehicle was manufactured. See Arizona Laws 49-541
• Task force: means the travel reduction program regional task force in area A which is designated by the board as the responsible agency to implement and enforce this article. See Arizona Laws 49-581
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transit: means a bus or other public conveyance system. See Arizona Laws 49-581
• Transportation coordinator: means a person designated by an employer, property manager or transportation management association as the lead person in developing and implementing a travel reduction plan. See Arizona Laws 49-581
• Transportation management association: means a group of employers or associations formally organized to seek solutions for transportation problems experienced by the group. See Arizona Laws 49-581
• Travel reduction plan: means a written report outlining travel reduction measures. See Arizona Laws 49-581
• Travel reduction program: means a program that implements a travel reduction plan by an employer and is designed to achieve a predetermined level of travel reduction through various incentives and disincentives. See Arizona Laws 49-581
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• vanpool: means two or more persons traveling in an automobile, truck or van to or from work. See Arizona Laws 49-581
• Vehicle: means any automobile, truck, truck tractor, motor bus or self-propelled or motor-driven vehicle registered or to be registered in this state and used upon the public highways of this state for the purpose of transporting persons or property, except implements of husbandry, road rollers or road machinery temporarily operated upon the highway. See Arizona Laws 49-541
• Vehicle miles traveled: means the number of miles traveled by a motor vehicle for commute trips. See Arizona Laws 49-581
• Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
• Work site: means a building and any grouping of buildings which are on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way and which are owned or operated by the same employer. See Arizona Laws 49-581
• Writing: includes printing. See Arizona Laws 1-215