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24. WITHDRAWAL OF RULE 140 - EXCESS EMISSIONS FROM ARIZONA 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 is, both, locally and federally enforceable. In May 2015, the U.S. Environmental Protection Agency (EPA) determined that affirmative defenses should not be allowed in the SIP and set a deadline of November 2016 for withdrawal of Rule 140 from the (Arizona) SIP. To comply with the EPA’s deadline, MCAQD is requesting that the Board of Supervisors approve the removal of Rule 140 from the (Arizona) SIP. Rule 140 will remain locally enforceable but will no longer be federally enforceable. Permit fees are not changing due to this action. (C-85-17-004-M-00)