Vote: adopted

Item Text

106. AQ-2016-005-RULE 372 (MARICOPA COUNTY HAZARDOUS AIR POLLUTANTS (HAPS) PROGRAM) Pursuant to A.R.S. §49-479(b), set a public hearing for February 1, 2017 to solicit comments and consider the adoption of proposed rescission of Maricopa County Air Pollution Control Regulations Rule 372 (Maricopa County Hazardous Air Pollutants (HAPS) Program) and associated Appendix H (Procedures for Determining Ambient Air Concentrations for Hazardous Air Pollutants). Following the public hearing, the Board is requested to approve the proposed rescission of Rule 372 and associated Appendix H. Upon Board approval, this item will become effective February 1, 2017. The Maricopa County Air Quality Department (MCAQD) is proposing to rescind Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) and associated Appendix H (Procedures For Determining Ambient Air Concentrations For Hazardous Air Pollutants). Rule 372 and associated Appendix H were adopted on June 6, 2007 as required by Arizona Revised Statutes (A.R.S.) §49-480.04 (County Program For Control Of Hazardous Air Pollutants). The rules apply to new sources of HAPs or modified sources of HAPs, when such existing sources increase the emissions of a HAP by more than a de minimis amount. These rules regulate HAPs that are on the federal list of HAPs - Section 112(b) of the Clean Air Act and list de minimis levels for Maricopa County HAPs and 24 minor source categories subject to the program. The rules are similar to and no more stringent than the Arizona Department of Environmental Quality’s (ADEQ’s) Arizona program for the regulation of HAPs. ADEQ’s Arizona program for the regulation of HAPs was intended to replace the Arizona Ambient Air Quality Guidelines (AAAQG), which are health-based guidelines/acceptable concentration levels for hazardous air pollutants that are regulated by the State Of Arizona. The AAAQGs are not standards but residential screening values that help agencies make sound environmental risk management decisions to protect human health. ADEQ’s Arizona program for the regulation of HAPs (rules R18-2-1701 through R18-2-1709) expired on August 26, 2016 and is no longer in effect. On March 20, 2008 as a result of the final judgment of the Maricopa County Superior Court in Oak Canyon Manufacturing et al. v. Arizona State Department of Environmental Quality, CV 2006-018439, ADEQ’s Arizona program for the regulation of HAPs is unenforceable. The superior court held that ADEQ does not have authority to regulate de minimis amounts of federal HAPs. Since Maricopa County’s HAPs program (Rule 372 and associated Appendix H) is similar to and no more stringent than ADEQ’s Arizona program for the regulation of HAPs and the superior court held that ADEQ does not have authority to regulate de minimis amounts of federal HAPs, the MCAQD is proposing to rescind Rule 372 and associated Appendix H. The federal HAPs standards at 40 Code of Federal Regulations Part 61 and Part 63, which are incorporated by reference in Maricopa County Air Pollution Control Regulations Rule 370 (Federal Hazardous Air Pollutant Program), are separate and independent from Maricopa County’s HAPs program (Rule 372 and associated Appendix H) and remain fully enforceable. Sources of federal HAPs in Maricopa County remain obligated to comply with any applicable requirements of the federal program. Permit fees are not changing due to this action. (C-85-17-016-M-00)

Attachments (1)

Vote — approved

Steve Gallardo	abstain
Bill Gates	abstain
Clint Hickman	abstain
and Clint Hickman	yes
Denny Barney	abstain
Steve Chucri	yes

5.MARICOPA COUNTY HAZARDOUS AIR POLLUTANTS (HAPS) PROGRAM (AQ-2016-005-RULE 372)Pursuant to A.R.S. §49-479(b), convene the scheduled public hearing, to solicit comments and consider the adoption of proposed rescission of Maricopa County Air Pollution Control Regulations Rule 372 (Maricopa County Hazardous Air Pollutants (HAPS) Program) and associated Appendix H (Procedures for Determining Ambient Air Concentrations for Hazardous Air Pollutants). Following the public hearing, the Board is request

Item Text

5. MARICOPA COUNTY HAZARDOUS AIR POLLUTANTS (HAPS) PROGRAM (AQ-2016-005-RULE 372) Pursuant to A.R.S. §49-479(b), convene the scheduled public hearing, to solicit comments and consider the adoption of proposed rescission of Maricopa County Air Pollution Control Regulations Rule 372 (Maricopa County Hazardous Air Pollutants (HAPS) Program) and associated Appendix H (Procedures for Determining Ambient Air Concentrations for Hazardous Air Pollutants). Following the public hearing, the Board is requested to approve the proposed rescission of Rule 372 and associated Appendix H. Maricopa County Air Quality Department requests that the convene public hearing date be changed to February 1, 2017. Upon Board approval, this item will become effective February 1, 2017. The Maricopa County Air Quality Department (MCAQD) is proposing to rescind Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) and associated Appendix H (Procedures For Determining Ambient Air Concentrations For Hazardous Air Pollutants). Rule 372 and associated Appendix H were adopted on June 6, 2007 as required by Arizona Revised Statutes (A.R.S.) §49-480.04 (County Program For Control Of Hazardous Air Pollutants). The rules apply to new sources of HAPs or modified sources of HAPs, when such existing sources increase the emissions of a HAP by more than a de minimis amount. These rules regulate HAPs that are on the federal list of HAPs - Section 112(b) of the Clean Air Act and list de minimis levels for Maricopa County HAPs and 24 minor source categories subject to the program. The rules are similar to and no more stringent than the Arizona Department of Environmental Quality’s (ADEQ’s) Arizona program for the regulation of HAPs. ADEQ’s Arizona program for the regulation of HAPs was intended to replace the Arizona Ambient Air Quality Guidelines (AAAQG), which are health-based guidelines/acceptable concentration levels for hazardous air pollutants that are regulated by the State Of Arizona. The AAAQGs are not standards but residential screening values that help agencies make sound environmental risk management decisions to protect human health. ADEQ’s Arizona program for the regulation of HAPs (rules R18-2-1701 through R18-2-1709) expired on August 26, 2016 and is no longer in effect. On March 20, 2008 as a result of the final judgment of the Maricopa County Superior Court in Oak Canyon Manufacturing et al. v. Arizona State Department of Environmental Quality, CV 2006-018439, ADEQ’s Arizona program for the regulation of HAPs is unenforceable. The superior court held that ADEQ does not have authority to regulate de minimis amounts of federal HAPs. Since Maricopa County’s HAPs program (Rule 372 and associated Appendix H) is similar to and no more stringent than ADEQ’s Arizona program for the regulation of HAPs and the superior court held that ADEQ does not have authority to regulate de minimis amounts of federal HAPs, the MCAQD is proposing to rescind Rule 372 and associated Appendix H. The federal HAPs standards at 40 Code of Federal Regulations Part 61 and Part 63, which are incorporated by reference in Maricopa County Air Pollution Control Regulations Rule 370 (Federal Hazardous Air Pollutant Program), are separate and independent from Maricopa County’s HAPs program (Rule 372 and associated Appendix H) and remain fully enforceable. Sources of federal HAPs in Maricopa County remain obligated to comply with any applicable requirements of the federal program. Permit fees are not changing due to this action. (C-85-17-016-M-00)

Attachments (1)