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76. REVISIONS TO MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS - AQ-2013-005-NEW SOURCE REVIEW Pursuant to A.R.S. §49-479(b), set a public hearing for December 09, 2015 to solicit comments and consider the adoption of Maricopa County Air Pollution Control Regulations regarding New Source Review (NSR) and to solicit comments on submitting the rules as a revision to the (Arizona) State Implementation Plan (SIP). Following the public hearing, the Board is requested to adopt the proposed amendments to the Maricopa County Air Pollution Control Regulations regarding NSR and to submit the amended rules as a revision to the (Arizona) SIP. Upon Board approval, this item will become effective December 9, 2015. The purpose of this rulemaking is to update the Maricopa County Air Quality Department’s New Source Review (NSR) rules in order to secure their approval as part of the State Implementation Plan (SIP) under the federal Clean Air Act. The update will be consistent with revisions the Arizona Department of Environmental Quality (ADEQ) and the U.S. Environmental Protection Agency (EPA) made to the NSR Program required by the federal Clean Air Act . NSR is a long-standing Clean Air Act permitting program that requires businesses to get an air pollution control permit before they start construction or make major modifications to their business. NSR must ensure that air quality is not significantly degraded from the addition of new or modified businesses, while also providing flexibility to businesses to improve or modernize their operations. Permits must include an air quality analysis to demonstrate that new emissions emitted from the business will not cause or contribute to a violation of a National Ambient Air Quality Standard. Permits are issued for generators, paint booths, printing, wood working, chemical mixing, concrete batch plants, electronic assembly, abrasive blasting, gasoline resale, power plant. Permit fees are not changing due to this rulemaking. (C-85-16-003-M-00)

Vote: continued

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6. REVISIONS TO MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS: AQ-2013-005-NEW SOURCE REVIEW Staff recommends that the scheduled public hearing be continued to February 3, 2016. The Department received public comment on the original proposed New Source Review (NSR) regulations, which has been incorporated into amended proposed NSR regulations. The Department will be submitting a supplemental notice pursuant to A.R.S. §49-471.07(C), which will necessitate continuance of this public hearing. See agenda item C-85-16-003-M-00 for additional information. Pursuant to A.R.S. §49-479(b), convene the scheduled public hearing, to solicit comments and consider the adoption of Maricopa County Air Pollution Control Regulations regarding New Source Review (NSR) and to solicit comments on submitting the rules as a revision to the (Arizona) State Implementation Plan (SIP). Following the public hearing, the Board is requested to adopt the proposed amendments to the Maricopa County Air Pollution Control Regulations regarding NSR and to submit the amended rules as a revision to the (Arizona) SIP. Upon Board approval, this item will become effective December 9, 2015. The purpose of this rulemaking is to update the Maricopa County Air Quality Department’s New Source Review (NSR) rules in order to secure their approval as part of the State Implementation Plan (SIP) under the federal Clean Air Act. The update will be consistent with revisions the Arizona Department of Environmental Quality (ADEQ) and the U.S. Environmental Protection Agency (EPA) made to the NSR Program required by the federal Clean Air Act . NSR is a long-standing Clean Air Act permitting program that requires businesses to get an air pollution control permit before they start construction or make major modifications to their business. NSR must ensure that air quality is not significantly degraded from the addition of new or modified businesses, while also providing flexibility to businesses to improve or modernize their operations. Permits must include an air quality analysis to demonstrate that new emissions emitted from the business will not cause or contribute to a violation of a National Ambient Air Quality Standard. Permits are issued for generators, paint booths, printing, wood working, chemical mixing, concrete batch plants, electronic assembly, abrasive blasting, gasoline resale, power plant. Permit fees are not changing due to this rulemaking. (C-85-16-003-M-00)

Attachments (1)

Vote: continued

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79. AQ-2013-005-NEW SOURCE REVIEW Continue the public hearing set for December 9, 2015 (C-85-16-003-M-00) as required by A.R.S. § 49-471.07 and § 49-479(B), to February 3, 2016, at 9:00 a.m. to solicit comments on proposed amendments to Maricopa County Air Pollution Control Regulations regarding New Source Review (NSR) and to solicit comments on submitting the rules as a revision to the (Arizona) State Implementation Plan (SIP). Following the public hearing, the Board is requested to adopt the proposed amendments to the Maricopa County Air Pollution Control Regulations regarding NSR and to submit the amended rules as a revision to the (Arizona) SIP. The purpose of this rulemaking is to update the Maricopa County Air Quality Department’s New Source Review (NSR) rules in order to secure their approval as part of the State Implementation Plan (SIP) under the federal Clean Air Act. The update will be consistent with revisions the Arizona Department of Environmental Quality (ADEQ) and the U.S. Environmental Protection Agency (EPA) made to the NSR Program required by the federal Clean Air Act. At conclusion the of the public comment period on the original proposed New Source Review (NSR) regulations, the Department received public comment which it has incorporated into amended proposed NSR regulations. Some of the changes to the proposed NSR regulations are substantive in nature. Accordingly, pursuant to A.R.S. §49-471.07(C), the Department will be submitting a supplemental notice which will necessitate continuance of the public hearing currently scheduled for December 9, 2015 on the original proposed NSR regulations (C-85-16-003-M-00). The Department will request that the public hearing be continued from December 9, 2015 to February 3, 2016, at 9:00 a.m. In the interim, the Department will seek additional public comment on the amended proposed NSR regulations and on the issue of whether the proposed amendments to the NSR regulations should be submitted as a revision to the Arizona State Implementation Plan (ASIP). Following the public hearing February 3, 2016, the Board will be asked to adopt the proposed amendments to the Maricopa County Air Pollution Control Regulations regarding NSR and to submit the amended rules as a revision to the ASIP. NSR is a long-standing Clean Air Act permitting program that requires businesses to get an air pollution control permit before they start construction or make major modifications to their business. NSR must ensure that air quality is not significantly degraded from the addition of new or modified businesses, while also providing flexibility to businesses to improve or modernize their operations. Permits must include an air quality analysis to demonstrate that new emissions emitted from the business will not cause or contribute to a violation of a National Ambient Air Quality Standard. Permits are issued for generators, paint booths, printing, wood working, chemical mixing, concrete batch plants, electronic assembly, abrasive blasting, gasoline resale, power plant. Permit fees are not changing due to this rulemaking. (C-85-16-004-M-00)

Attachments (3)

Vote: continued

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5. REVISIONS TO MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS: AQ-2013-005-NEW SOURCE REVIEW Hold the public hearing continued from December 9, 2015 (C-85-16-003-M-00) as required by A.R.S. § 49-471.07 and § 49-479(B), to solicit comments on proposed amendments to Maricopa County Air Pollution Control Regulations (100,200,210,220,230,240,241,500,510,600, and Appendix D and E) regarding New Source Review (NSR) and to solicit comments on submitting the amended rules as a revision to the (Arizona) State Implementation Plan (SIP) as more fully set forth in the Notice of Supplemental Proposed Rulemaking, Rule Docket AQ-2013-005 published in the Arizona Administrative Register on December 18, 2015. Full text of the NSR is on file in the Office of the Clerk of the Board. Following the public hearing, the Board is requested to adopt the proposed amendments to the Maricopa County Air Pollution Control Regulations regarding NSR and to submit the amended rules as a revision to the (Arizona) SIP. In doing so, the Board will also be asked to approve additional non-substantive amendments to Rules 100, 240 and 241 which were made in response to public comment which ended January 18, 2016 and are outlined below. NSR is a long-standing Clean Air Act permitting program that requires businesses to get an air pollution control permit before they start construction or make major modifications to their business. NSR must ensure that air quality is not significantly degraded from the addition of new or modified businesses, while also providing flexibility to businesses to improve or modernize their operations. Permits must include an air quality analysis to demonstrate that new emissions emitted from the business will not cause or contribute to a violation of a National Ambient Air Quality Standard. Permits are issued for generators, paint booths, printing, wood working, chemical mixing, concrete batch plants, electronic assembly, abrasive blasting, gasoline resale, and power plants. Permit fees are not changing due to this rulemaking. The purpose of this rulemaking is to update the Maricopa County Air Quality Department’s New Source Review (NSR) rules in order to secure their approval as part of the State Implementation Plan (SIP) under the federal Clean Air Act. The update will be consistent with revisions the Arizona Department of Environmental Quality (ADEQ) and the U.S. Environmental Protection Agency (EPA) made to the NSR Program required by the federal Clean Air Act. Recommended amendments to the NSR after the Supplemental Rulemaking Publication Amend Rule 100, Section 200.75(a) FROM: a. The amount by which the sum of Section 200.66(a)(1) and Section 200.66(a)(2) below exceed zero : A creditable increase or decrease in actual emissions is contemporaneous with a particular modification if it occurs between the date five (5)years before the commencement of construction or modification on the particular change and the date that the increase from the particular modification occurs. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. TO: a. A creditable increase or decrease in actual emissions is contemporaneous with a particular modification if it occurs between the date five (5) years before a complete application for a permit or permit revisions authorizing the particular change is submitted or actual construction of the particular change begins, whichever occurs earlier and the date that the increase from the particular change occurs. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. Amend Rule 240, Section 304.1(a) FROM: a. The following incorporated provisions of 40 CFR 51 .165(a)(1) are revised as follows: (1) The definition of “major stationary source” shall include the following: “any stationary source that emits, or has the potential to emit, five or more tons of lead per year.” (2) The term “reviewing authority” shall be replaced with “Control Officer”. (3) In the definition of “net emissions increase,” the term “reasonable period” shall be replaced with “Between the date five years before construction on the date the particular change commences, and the date that the increase from the particular change occurs.” (4) The definition of the term “Projected actual emission” as defined in 40 CFR 51.165(a)(1)(xxviii) (B)(1)shall be revised to include “Maricopa County” and to read as: “ …, the company’s filings with Maricopa County, the State or Federal regulatory authorities, …. ” TO: a. The following incorporated provisions of 40 CFR 51 .165(a)(1) are revised as follows: (1) The term “reviewing authority” shall be replaced with “Control Officer”. (2) In the definition of “net emissions increase”, the term “reasonable period” shall be replaced with “Between the date five years before a complete application for a permit or permit revision authorizing the particular change is submitted or actual construction of the particular change begins, whichever occurs earlier , and the date that the increase from the particular change occurs.” (3) The definition of the term “Projected actual emission as defined in 40 CFR 51.165(a)(1)(xxviii) (B)(1)shall be revised to include “Maricopa County” and to read as: “ …, the company’s filings with Maricopa County, the State or Federal regulatory authorities, …. ” Amend Rule 240, Section 305.1 To add point (4) to section d. to read as follows: (4) In the definition of “net emissions increase”, paragraph 40 CFR 52.21(b)(3)(ii)(a) shall be revised to read as “The date five years before a complete application for a permit or permit revision authorizing the particular change is submitted or actual construction of the particular change begins, whichever occurs earlier; and” Amend Rule 241, Section 303 FROM: 303 REVIEW OF NAAQS COMPLIANCE: Notwithstanding the implementation of RACT or BACT under this rule, an applicant for a permit subject to this rule shall conduct an ambient air quality impact assessment under Section 308 of this rule upon the Control Officer’s request. The Control Officer shall make such request, if there is reason to believe that a source or minor NSR modification could interfere with attainment or maintenance of a national ambient air quality standard. In making the determination under this section of this rule, the Control Officer shall take into consideration: TO: 303 REVIEW OF NAAQS COMPLIANCE: Notwithstanding the implementation of RACT or BACT under this rule, an applicant for a permit subject to this rule shall conduct an ambient air quality impact assessment under Section 308 of this rule upon the Control Officer’s request. The Control Officer shall make such request, if there is reason to believe that a new source or minor NSR modification could interfere with attainment or maintenance of a national ambient air quality standard. In making the determination under this section of this rule, the Control Officer shall take into consideration: Amend Rule 241, Section 304.2 (BACT Required) FROM: 301.1 304.2 Any modified stationary source if the modification causes an increase in emissions on any single day of the source’s maximum capacity to emit of more than 150 lbs/day or 25 tons/yr of volatile organic compounds, nitrogen oxides, sulfur dioxide or particulate matter ; more than 85 lbs/day or 15 tons/yr of PM10; or more than 550 lbs/day or 100 tons/yr of carbon monoxide ; more than 10 tons/yr of PM2.5; or more than 0.3 tons/yr of lead . BACT is only required for the sources or group of sources being modified. TO : 304.2 Any modified stationary source if the modification causes an increase in the source’s maximum capacity to emit more than 25 tons/yr of volatile organic compounds, nitrogen oxides, sulfur dioxide; more than 15 tons/yr of PM10; more than 100 tons/yr of carbon monoxide; more than 10 tons/yr of PM2.5; or more than 0.3 tons/yr of lead. BACT is only required for the emission unit or group of emission units being modified. Amend Rule 241, Section 306 To add an introductory statement to the title as follows: BACT DETERMINATIONS : The Control Officer shall determine BACT, as appropriate, for each emission unit subject to the BACT requirements under Section 304 of this rule. BACT shall be determined as follows : Amend Rule 241, Section 306.4 FROM: 306.4 In the case of a modification, the selection of BACT shall address the sources or group of sources being modified. TO: 306.4 In the case of a modification, the selection of BACT shall address the emission unit or group of emission units being modified. (C-85-16-004-M-00)

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