Vote — approved

Steve Gallardo	yes
Jack Sellers	yes
Bill Gates	yes
Clint Hickman	yes
Steve Chucri	yes

14.DELEGATION OF AUTHORITY REQUEST TO IMPLEMENT THE FEDERAL PLAN REQUIREMENTS FOR EXISTING MUNICIPAL SOLID WASTE (MSW) LANDFILLS Convene a public hearing, as required by Arizona Revised Statutes (A.R.S.) § 49-474(4), to solicit comments on the approval of the Maricopa County Air Quality Department’s (MCAQD) request for delegation of authority from the U.S. Environmental Protection Agency (EPA) to implement the Federal Plan Requirements for Existing MSW Landfills at 40 CFR Part 62, Subpart OOO. F

Item Text

14. DELEGATION OF AUTHORITY REQUEST TO IMPLEMENT THE FEDERAL PLAN REQUIREMENTS FOR EXISTING MUNICIPAL SOLID WASTE (MSW) LANDFILLS Convene a public hearing, as required by Arizona Revised Statutes (A.R.S.) § 49-474(4), to solicit comments on the approval of the Maricopa County Air Quality Department’s (MCAQD) request for delegation of authority from the U.S. Environmental Protection Agency (EPA) to implement the Federal Plan Requirements for Existing MSW Landfills at 40 CFR Part 62, Subpart OOO. Following the public hearing, the Board is requested to approve the request for delegation of authority and to approve submission of the delegation request to the EPA. On August 29, 2016, the EPA promulgated emission guidelines for existing MSW landfills which set forth specific mechanisms and requirements for controlling emissions of non-methane organic compounds. The emission guidelines are codified at Title 40 of the Code of Federal Regulations, Part 60, Subpart Cf and require States to submit a plan, also known as a 111(d) plan, to the EPA to implement the provisions Subpart Cf. The MCAQD submitted a 111(d) Plan to the EPA in 2018, however, it was not approvable as submitted because it did not contain a locally enforceable rule which incorporated the emission guidelines in Subpart Cf. As a result, the MCAQD withdrew the 111(d) Plan in 2019. Currently, the MCAQD is working to revise Rule 321 (Municipal Solid Waste Landfills) to incorporate the emission guidelines, but these revisions have not yet been adopted. Once revisions to Rule 321 are adopted, the MCAQD will submit another 111(d) Plan to the EPA for approval. In August 2019, the EPA released the proposed Federal Plan requirements for existing MSW Landfills. The Federal Plan was finalized on May 21, 2021, became effective on June 21, 2021, and requires all existing MSW landfills in states without approved 111(d) Plans to comply with the Federal Plan requirements until a local 111(d) plan is approved by the EPA. The EPA encourages states that do not have approved 111(d) plans to request delegation of authority of the Federal Plan so that they can have primary responsibility for implementing the 2016 emission guidelines. This delegation of authority request must be approved by the Board of Supervisors before the MCAQD can request delegation of authority from the EPA to implement the Federal Plan. The Federal Plan and corresponding delegation of authority will no longer apply upon the effective date of the approved 111(d) plan for Maricopa County. (C-85-22-061-X-01)