Vote — approved

Jack Sellers	yes
Thomas Galvin	yes
Bill Gates	yes
Steve Gallardo	yes
Clint Hickman	absent

Ayes: Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo Absent: Clint Hickman

Item Text

52. AQ-2022-002-RULE 245 (CONTINUOUS SOURCE EMISSION MONITORING) Set a public hearing, as required by Arizona Revised Statutes (A.R.S.) § 49-479(b), for April 26, 2023, at 9:30 a.m. to solicit comments on the proposed revision of Maricopa County Air Pollution Control Regulations, Rule 245 (Continuous Source Emission Monitoring) and the associated proposed revision to the Arizona State Implementation Plan (SIP). Following the public hearing, the Board is requested to adopt the proposed amendments to the rule and to approve submission of the amended rule as a revision to the Arizona SIP. The purpose of Rule 245 is to set forth continuous source emission monitoring requirements for fossil fuel-fire d steam generators, nitric acid plants, sulfuric acid plants, and fluid bed catalytic cracking units. Rule 245 was adopted to address Arizona SIP requirements in 40 CFR 51.214. Per 40 CFR 51.214, each SIP must contain legally enforceable procedures to requ ire stationary sources subject to emission standards as part of an applicable plan to install, calibrate, maintain, and operate equipment for continuously monitoring and recording emissions. Per Appendix P of 40 CFR 51, the requirements in 40 CFR 51.214 ap ply to owners and operators of fossil fuel-fired steam generators, nitric acid plants, sulfuric acid plants, and fluid bed catalytic cracking units. The purpose of this rulemaking is to revise Rule 245 since it has not been approved into the Arizona SIP b ecause of rule approvability issues identified by the U.S. Environmental Protection Agency (EPA), such as control officer discretion. Consequently, the precursor rule to Rule 245, Rule 41 (Monitoring) which was adopted in 1979, remains in the SIP. The Mari copa County Air Quality Department is proposing to revise Rule 245 to address rule approvability issues identified by EPA and to replace Rule 41 with the revised rule. Replacing Rule 41 with Rule 245 will update the SIP. (C-85-23-033-X-00)

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