Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	yes

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Debbie Lesko, Steve Gallardo

Item Text

11. AQ-2024-005-RULE 204 (EMISSION REDUCTION CREDIT (ERC) GENERATION, CERTIFICATION, AND USE) Convene a public hearing, as required by Arizona Revised Statutes (A.R.S.) § 49-479(b), to solicit comments on the proposed revision of Maricopa County Air Pollution Control Regulations, Rule 204 (Emission Reduction Credit (ERC) Generation, Certification, and Use) 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, to approve the submission of the amended rule as a revision to the Arizona SIP, and to approve the withdrawal of the original December 20, 2019, Rule 204 SIP submittal. The purpose of Rule 204 is to allow for the generation and certification of ERCs for use as emission offsets. The purpose of this rulemaking is to address feedback from the U.S. Environmental Agency (EPA) as well as feedback from stakeholders. On December 20, 2019, the Maricopa County Air Quality Department (MCAQD) submitted Rule 204 to the EPA for approval into the Arizona SIP, but the EPA never formally acted on the SIP submittal. However, since the December 20, 2019, SIP submittal, MCAQD has received informal feedback from the EPA regarding rule approvability issues and MCAQD has worked with the EPA to adequately address these issues. Additionally, MCAQD has received stakeholder feedback regarding rule useability and applicability issues, including broadening the applicability of the rule to include all nonroad engines. Broadening the applicability of the rule will allow a greater amount of nonroad engine emission reduction credits to be issued from a wider variety of sources, thereby increasing the availability of offsets for use by major sources in order to comply with Clean Air Act requirements. MCAQD is planning to withdraw the December 20, 2019, SIP submittal and replace it with a new Rule 204 SIP submittal where both the EPA’s identified issues are addressed and stakeholder feedback has been incorporated. (C-85-26-007-X-01)

Attachments (1)

Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	yes

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Debbie Lesko, Steve Gallardo

Item Text

96. AQ-2024-005-RULE 204 (EMISSION REDUCTION CREDIT (ERC) GENERATION, CERTIFICATION, AND USE) Set a public hearing, as required by Arizona Revised Statutes (A.R.S.) § 49-479(b), for November 5, 2025, at 9:30 a.m. to solicit comments on the proposed revision of Maricopa County Air Pollution Control Regulations, Rule 204 (Emission Reduction Credit (ERC) Generation, Certification, and Use) 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, to approve the submission of the amended rule as a revision to the Arizona SIP, and to approve the withdrawal of the original December 20, 2019, Rule 204 SIP submittal. The purpose of Rule 204 is to allow for the generation and certification of ERCs for use as emission offsets. The purpose of this rulemaking is to address feedback from the U.S. Environmental Agency (EPA) as well as feedback from stakeholders. On December 20, 2019, the Maricopa County Air Quality Department (MCAQD) submitted Rule 204 to the EPA for approval into the Arizona SIP, but the EPA never formally acted on the SIP submittal. However, since the December 20, 2019, SIP submittal, MCAQD has received informal feedback from the EPA regarding rule approvability issues and MCAQD has worked with the EPA to adequately address these issues. Additionally, MCAQD has received stakeholder feedback regarding rule useability and applicability issues, including broadening the applicability of the rule to include all nonroad engines. Broadening the applicability of the rule will allow a greater amount of nonroad engine emission reduction credits to be issued from a wider variety of sources, thereby increasing the availability of offsets for use by major sources in order to comply with Clean Air Act requirements. MCAQD is planning to withdraw the December 20, 2019, SIP submittal and replace it with a new Rule 204 SIP submittal where both the EPA’s identified issues are addressed and stakeholder feedback has been incorporated. (C-85-26-007-X-00)

Attachments (1)