A. The state list of hazardous air pollutants that are subject to regulation consists of all of the following:

Terms Used In Arizona Laws 49-426.04

  • 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
  • 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
  • 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
  • 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.
  • 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
  • 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
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215

1. Hazardous air pollutants that are designated by the director by rule if the director finds all of the following:

(a) There is scientifically reliable evidence on the health or environmental effects of the pollutant adequate to support the designation. The director shall rely on technical protocols appropriate for the development of the list of hazardous air pollutants and shall base the designation on credible medical and toxicological evidence that has been subjected to peer review. Evidence shall be considered scientifically reliable only if it demonstrates adverse effects to human health or adverse environmental effects from an air pollutant at concentrations that are likely to occur in the environment as a result of emissions of the pollutant into the ambient air.

(b) Emissions, ambient concentrations, bioaccumulation or deposition of the pollutant result in adverse effects to human health or adverse environmental effects.

(c) An adequate and reliable methodology exists for quantifying emissions and ambient concentrations of the pollutant.

2. Federally listed hazardous air pollutants.

B. Except in the case of federally listed hazardous air pollutants, the director may by rule rescind the designation of an air pollutant as a hazardous air pollutant if the director finds that any of the criteria specified in subsection A is not satisfied.

C. Any person may petition the director to designate any air pollutant as a hazardous air pollutant pursuant to subsection A. The director shall within six months of the receipt of such a petition begin the rule making process to designate the pollutant as a hazardous air pollutant pursuant to subsection A, if the petitioner demonstrates or the director finds that all of the criteria specified in subsection A are satisfied.

D. Any person may petition the director to rescind the designation of an air pollutant as a hazardous air pollutant pursuant to subsection B. The director shall within six months of the receipt of such a petition begin the rule making process to rescind the designation of the air pollutant as a hazardous air pollutant pursuant to subsection B, if the petitioner demonstrates or the director finds that any of the criteria specified in subsection A is not satisfied.

E. The director shall not designate a conventional air pollutant as a hazardous air pollutant. This subsection shall not apply to any of the following pollutants:

1. Any pollutant that independently meets the criteria of subsection A and is a precursor to a conventional air pollutant.

2. Any pollutant that is in a class of conventional air pollutants.

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