Air Quality:
hazardous air pollutants; de minimis

This measure makes it more difficult to trigger regulation of existing facilities relative to their hazardous air pollutants (HAPs) emissions.  We know it is not the intent of the sponsor to limit the ability of the Arizona Department of Environmental Quality (ADEQ) to implement a protective program relative to Hazardous Air Pollutants, but unfortunately, we believe that will be the consequence of this bill should it become law. 

It has taken the ADEQ nearly 13 years to move forward with rule making to implement a law passed by the Arizona Legislature back in 1992.  Previous attempts to develop a rule were derailed by industry lawyers and lobbyists.  Both the current law and the rule to implement it are weak, but at least provide some level of regulation for new facilities and in rare instances, when there is a significant modification, existing facilities.  While the law and the rule are weak and inadequate, we oppose making them weaker and more inadequate.

The current HAPs statute contains one of the biggest grandfather provisions in our environmental statutes.  In most areas, we require that facilities come under a program over time.  The aquifer protection program is a good example of that.  In the existing HAPs statute, it does not matter if a facility is emitting 1 ton or more per year of any hazardous air pollutant or 2.5 tons or more per year of a combination of hazardous air pollutants (that’s a lot of pollution, by the way), the facility is not regulated by this program unless they make a change that results in an increase in HAPs emissions above a level defined in the rule.  (The federal program is triggered by 10 tons and 25 tons respectively, so an existing facility can emit a lot without regulation.)  That is just plain wrong.  These are harmful chemicals, many of which are known carcinogens.  All facilities that are emitting at these levels should be required to meet the program standards.  That is the legislation that should be moving forward. 

According to the ADEQ, the new rule will likely affect as few as 46 existing facilities.  That leaves hundreds that will continue to evade these regulations even without SB1356.  With SB1356, these facilities and any new facilities will continue to be unregulated in this area.  SB1356 takes us another step backward by making it nearly impossible to trigger regulation of these facilities.  That is bad for the public health and the environment.

The HAPs rule deals only with a limited number of the federally listed HAPs and does not add any others, as some states have done.  The chemicals included on the list are not benign.  Benzene, for example, is a known carcinogen.  Per EPA, “Chronic (long-term) inhalation exposure has caused various disorders in the blood, including reduced numbers of red blood cells and aplastic anemia, in occupational settings.  Reproductive effects have been reported for women exposed by inhalation to high levels, and adverse effects on the developing fetus have been observed in animal tests.  Increased incidence of leukemia has been observed in humans occupationally exposed to benzene.”

Formaldehyde is used to produce resins that are used in the manufacturing of particleboard and also as an intermediate to synthesize other chemicals.  According to EPA, it is a probable human carcinogen.  EPA states, “Exposure to formaldehyde may occur by breathing contaminated indoor air, tobacco smoke, or ambient urban air.  Acute (short-term) and chronic (long-term) inhalation exposure to formaldehyde in humans can result in respiratory symptoms, and eye, nose, and throat irritation.  Limited human studies have reported an association between formaldehyde exposure and lung and nasopharyngeal cancer.  Animal inhalation studies have reported an increased incidence of nasal squamous cell cancer.”

This bill will derail the HAPs rule which just passed through the Governor’s Regulatory Review Council.  We participated in the stakeholder process to develop the rule.  The industry representatives had significant representation in that process and enormous influence.  The stakeholder process to develop the rule was extremely convenient for the industry consultants, lawyers, and those generally representing companies that emit hazardous air pollutants.  This process was inconvenient for any members of the general public who might want to participate, however.  The industry representatives had plenty of influence on the process, many voices, and well out-numbered any other entities.

The key issue with the rule is not that industry did not influence it, but that many of the big polluters do not want the rule to be implemented at all or to in any way affect existing facilities.  They are seeking an additional out.  As mentioned earlier, it is already difficult to trigger this program for existing facilities.  This bill is likely to make it impossible.  It will also mean that the hours and the dollars invested in the process to develop the current rule, were all for naught. 

Ultimately, any hazardous air pollutant program should be protective of human health and environment.  If it is not, it should be challenged.  This bill will make it all too clear that the program will not and cannot protect human health, as it was intended to do. 

Please contact the Governor and thank her for acting to protect the health of the people of Arizona, helping to limit the emissions of hazardous air pollutants, and for vetoing SB1356.