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21. WITHDRAW MARICOPA COUNTY AIR POLLUTION REGULATION FOR EXCESS EMISSIONS FROM THE STATE IMPLEMENTATION PLAN Approve Maricopa County Air Quality Department (MCAQD) to withdraw Rule 140 (Excess Emissions) of the Maricopa County Air Pollution Control Regulations from the (Arizona) State Implementation Plan (SIP). Maricopa County Air Pollution Control Regulation Rule 140 grants sources an affirmative defense if there are emissions in excess of an applicable emissions limitation due to malfunction, startup and shutdown. Rule 140 is currently in the (Arizona) SIP, and locally and federally enforceable. In May 2015, the Environmental Protection Agency (EPA) determined that affirmative defenses should not be allowed in the SIP. MCAQD has until November 2016 to withdraw Rule140 from the SIP. To comply with the EPA’s deadline, the MCAQD is requesting the Board of Supervisors approve the withdrawal of Rule 140 from the SIP. Rule 140 would remain locally enforceable and not be federally enforceable. Upon the Board’s approval, the MCAQD will request the Arizona Department of Environmental Quality (ADEQ) to submit to the EPA a request to withdraw Rule 140 from the SIP. ADEQ has a similar excess emissions/affirmative defense rule; currently locally and federally enforceable. ADEQ will be requesting the EPA to remove their rule from the (Arizona) SIP. Permit fees are not changing due to this action. (C-85-16-009-M-00)

Vote: continued

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19. WITHDRAW MARICOPA COUNTY AIR POLLUTION REGULATION FOR EXCESS EMISSIONS FROM THE STATE IMPLEMENTATION PLAN Approve Maricopa County Air Quality Department (MCAQD) to withdraw Rule 140 (Excess Emissions) of the Maricopa County Air Pollution Control Regulations from the (Arizona) State Implementation Plan (SIP). Maricopa County Air Pollution Control Regulation Rule 140 grants sources an affirmative defense if there are emissions in excess of an applicable emissions limitation due to malfunction, startup and shutdown. Rule 140 is currently in the (Arizona) SIP, and locally and federally enforceable. In May 2015, the Environmental Protection Agency (EPA) determined that affirmative defenses should not be allowed in the SIP. MCAQD has until November 2016 to withdraw Rule140 from the SIP. To comply with the EPA’s deadline, the MCAQD is requesting the Board of Supervisors approve the withdrawal of Rule 140 from the SIP. Rule 140 would remain locally enforceable and not be federally enforceable. Upon the Board’s approval, the MCAQD will request the Arizona Department of Environmental Quality (ADEQ) to submit to the EPA a request to withdraw Rule 140 from the SIP. ADEQ has a similar excess emissions/affirmative defense rule; currently locally and federally enforceable. ADEQ will be requesting the EPA to remove their rule from the (Arizona) SIP. Permit fees are not changing due to this action. This item was continued from the March 23, 2016 Board of Supervisors Formal Meeting. The department has requested that this item be withdrawn. (C-85-16-009-M-00)

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