Vote — approved

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

77.SUBMITTAL OF EMISSION GUIDELINES PLANPursuant to A.R.S. §49-479(b), set a public hearing for May 24, 2017 to solicit comments and consider the adoption of the submittal of a CAA Section 111(d) Plan to the U.S. Environmental Protection Agency (EPA) for implementing the municipal solid waste landfills emission guidelines (40 CFR Part 60, Subpart Cf (Emission Guidelines And Compliance Times For Municipal Solid Waste Landfills)). Following the public hearing, the Board is requested to approve the

Item Text

77. SUBMITTAL OF EMISSION GUIDELINES PLAN Pursuant to A.R.S. §49-479(b), set a public hearing for May 24, 2017 to solicit comments and consider the adoption of the submittal of a CAA Section 111(d) Plan to the U.S. Environmental Protection Agency (EPA) for implementing the municipal solid waste landfills emission guidelines (40 CFR Part 60, Subpart Cf (Emission Guidelines And Compliance Times For Municipal Solid Waste Landfills)). Following the public hearing, the Board is requested to approve the submittal of the CAA Section 111(d) Plan to the EPA. Upon Board approval, this item will become effective May 24, 2017. CAA Section 111 establishes a mechanism for controlling air pollution from 70 stationary source categories. CAA Section 111(d) establishes procedures, i.e., emission guidelines, for five (5) source categories, one of which is municipal solid waste (MSW) landfills. Emission guidelines establish procedures for States to submit a plan identifying sources in a source category and a program that provides for the implementation and enforcement of standards of performance for such sources in a source category. On August 29, 2016, the EPA promulgated emission guidelines for MSW landfills under CAA Section 111(d). The emission guidelines set forth specific mechanisms and requirements for controlling emissions of non-methane organic compounds (NMOC). The emission guidelines are codified at Title 40 of the Code of Federal Regulations, Part 60, Subpart Cf. The emission guidelines require States to submit to the EPA by May 30, 2017, a plan to implement the emission guidelines. For the purposes of the CAA Section 111(d) Plan, the MCAQD is considered a “State”. The CAA Section 111(d) Plans submitted to EPA must include elements described in EPA regulations, including 40 CFR Part 60, Subparts B and Cf, and in the EPA guidance document, “Municipal Solid Waste Landfills, Volume 2”. Such plan elements include: (1) Identification of enforceable mechanisms for implementing the EPA emission guidelines; (2) The MCAQD’s legal authority to carry out the CAA Section 111(d) Plan; (3) An inventory of existing municipal solid waste landfills; (4) An inventory of emissions from existing MSW landfills; (5) Emission standards for existing MSW landfills that are no less stringent than those in the emission guidelines; (6) The MCAQD process, for review and approval of site-specific gas collection and control system design plans; (7) Compliance schedules; (8) Testing, monitoring, recordkeeping, and reporting requirements; (9) A record of public hearing(s); and (10) Provision for annual MCAQD progress reports. Details for these elements can found in 40 CFR Part 60, Subparts B and Cf. The MCAQD has prepared the CAA Section 111(d) Plan that includes the elements described in EPA regulations, including 40 CFR Part 60, Subparts B and Cf and in the EPA guidance document, “Municipal Solid Waste Landfills, Volume 2”. Upon Board approval, the MCAQD will submit the CAA Section 111(d) Plan to the EPA by the EPA’s deadline of May 30, 2017. To implement the CAA Section 111(d) Plan, the MCAQD proposes to revise Maricopa County Air Pollution Control Regulations Rule 321 (Municipal Solid Waste Landfills). The rulemaking process to revise Rule 321 will follow the Enhanced Regulatory Outreach Program Policy and workflow process. Stakeholder Workshops will tentatively begin in May/June 2017 and a public hearing will tentatively be conducted in December 2017. The MCAQD is proposing to revise Rule 321 to reflect the requirements in 40 CFR 60, Subparts Cf and XXX. The proposed revisions will include changing the applicability of the rule to “…existing MSW landfills that commenced construction, modification, or reconstruction on or before July 17, 2014” and changing the standards of performance for collections and control system design plan, design capacity report, and non-methane organic compound emission rate report. The proposed revisions to Rule 321 would not take effect should 40 CFR 60, Subparts Cf and/or XXX be stayed, repealed, or rendered unenforceable or void as a result of any action by a federal court, Congress, or a new final action by the EPA and the proposed revision to Rule 321 would not take effect until the EPA approves the CAA Section 111(d) Plan. Permit fees are not changing due to this action. (C-85-17-019-M-00)

Attachments (1)

Vote — approved

and Clint Hickman	yes
Gallardo Assessor	yes
Steve Chucri	yes

8.EMISSION GUIDELINES PLANPursuant to A.R.S. §49-479(b), convene the scheduled public hearing, to solicit comments and consider the adoption of the submittal of a CAA Section 111(d) Plan to the U.S. Environmental Protection Agency (EPA) for implementing the municipal solid waste landfills emission guidelines (40 CFR Part 60, Subpart Cf (Emission Guidelines And Compliance Times For Municipal Solid Waste Landfills)). Following the public hearing, the Board is requested to approve the submittal of 

Item Text

8. EMISSION GUIDELINES PLAN Pursuant to A.R.S. §49-479(b), convene the scheduled public hearing, to solicit comments and consider the adoption of the submittal of a CAA Section 111(d) Plan to the U.S. Environmental Protection Agency (EPA) for implementing the municipal solid waste landfills emission guidelines (40 CFR Part 60, Subpart Cf (Emission Guidelines And Compliance Times For Municipal Solid Waste Landfills)). Following the public hearing, the Board is requested to approve the submittal of the CAA Section 111(d) Plan to the EPA. Upon Board approval, this item will become effective 05/24/2017. CAA Section 111 establishes a mechanism for controlling air pollution from 70 stationary source categories. CAA Section 111(d) establishes procedures, i.e., emission guidelines, for five (5) source categories, one of which is municipal solid waste (MSW) landfills. Emission guidelines establish procedures for States to submit a plan identifying sources in a source category and a program that provides for the implementation and enforcement of standards of performance for such sources in a source category. On August 29, 2016, the EPA promulgated emission guidelines for MSW landfills under CAA Section 111(d). The emission guidelines set forth specific mechanisms and requirements for controlling emissions of non-methane organic compounds (NMOC). The emission guidelines are codified at Title 40 of the Code of Federal Regulations, Part 60, Subpart Cf. The emission guidelines require States to submit to the EPA by May 30, 2017, a plan to implement the emission guidelines. For the purposes of the CAA Section 111(d) Plan, the MCAQD is considered a “State”. The CAA Section 111(d) Plans submitted to EPA must include elements described in EPA regulations, including 40 CFR Part 60, Subparts B and Cf, and in the EPA guidance document, “Municipal Solid Waste Landfills, Volume 2”. Such plan elements include: (1) Identification of enforceable mechanisms for implementing the EPA emission guidelines; (2) The MCAQD’s legal authority to carry out the CAA Section 111(d) Plan; (3) An inventory of existing municipal solid waste landfills; (4) An inventory of emissions from existing MSW landfills; (5) Emission standards for existing MSW landfills that are no less stringent than those in the emission guidelines; (6) The MCAQD process, for review and approval of site-specific gas collection and control system design plans; (7) Compliance schedules; (8) Testing, monitoring, recordkeeping, and reporting requirements; (9) A record of public hearing(s); and (10) Provision for annual MCAQD progress reports. Details for these elements can found in 40 CFR Part 60, Subparts B and Cf. The MCAQD has prepared the CAA Section 111(d) Plan that includes the elements described in EPA regulations, including 40 CFR Part 60, Subparts B and Cf and in the EPA guidance document, “Municipal Solid Waste Landfills, Volume 2”. Upon Board approval, the MCAQD will submit the CAA Section 111(d) Plan to the EPA by the EPA’s deadline of May 30, 2017. To implement the CAA Section 111(d) Plan, the MCAQD proposes to revise Maricopa County Air Pollution Control Regulations Rule 321 (Municipal Solid Waste Landfills). The rulemaking process to revise Rule 321 will follow the Enhanced Regulatory Outreach Program Policy and workflow process. Stakeholder Workshops will tentatively begin in May/June 2017 and a public hearing will tentatively be conducted in December 2017. The MCAQD is proposing to revise Rule 321 to reflect the requirements in 40 CFR 60, Subparts Cf and XXX. The proposed revisions will include changing the applicability of the rule to “ existing MSW landfills that commenced construction, modification, or reconstruction on or before July 17, 2014” and changing the standards of performance for collections and control system design plan, design capacity report, and non-methane organic compound emission rate report. The proposed revisions to Rule 321 would not take effect should 40 CFR 60, Subparts Cf and/or XXX be stayed, repealed, or rendered unenforceable or void as a result of any action by a federal court, Congress, or a new final action by the EPA and the proposed revision to Rule 321 would not take effect until the EPA approves the CAA Section 111(d) Plan. Permit fees are not changing due to this action. (C-85-17-019-M-00)

Attachments (1)

Vote: approved

Item Text

31. WITHDRAWAL OF CLEAN AIR ACT (CAA) SECTION 111(D) PLAN FOR IMPLEMENTING 40 CFR PART 60, SUBPART CF Request retroactive approval to withdraw the Maricopa County Air Quality Department (MCAQD) Clean Air Act (CAA) Section 111(d) Plan for Implementing 40 CFR Part 60, Subpart Cf (Plan) submitted to the U.S. Environmental Protection Agency (EPA) on May 4, 2018. The Board of Supervisors approved submittal of the MCAQD Plan to the EPA on May 24, 2017, agenda item C-85-17-019-M-00. On May 6, 2019, the U.S. District Court for the Northern District of California ordered the EPA to approve or disapprove all submitted state plans, including the MCAQD Plan, by September 6, 2019. Later in May 2019, the EPA informed the MCAQD that the MCAQD Plan was not approvable as submitted and recommended the MCAQD withdraw it before the EPA was required to disapprove it. On July 3, 2019, the MCAQD sent a withdrawal letter to the EPA requesting the EPA withdraw the MCAQD Plan from review; therefore, the MCAQD is requesting retroactive approval to withdraw the MCAQD Plan. (C-85-20-001-M-00)

Attachments (1)