AQ-2017-011-R204-REPORTTOBOS-2019-12-11.PDF

Executive Summary
of the Report to the Board of Supervisors
Prepared by the Maricopa County Air Quality Department
Board Hearing Date: December 11, 2019
Case Number/Title: AQ-2017-011-Rule 204 (Emission Reduction Credits for Use
with the Arizona Emissions Bank)
Agenda Item: (Pending)
Supervisor Districts: All Districts
The Maricopa County Air Quality Department (MCAQD) complied with all statutory and county
policies throughout this rulemaking process. Per the Enhanced Regulatory Outreach Program
(EROP) Policy: “In addition to the required staff report, an executive summary of the report
including an overview of stakeholder input and staff responses will be provided to the Board of
Supervisors at least one week prior to any Board of Supervisors’ public hearing.”
Overview of the Report to the Board of Supervisors:
Rule 204 implements procedures for the certification and utilization of emission reduction credits
(ERCs) generated from permitted sources emitting particulate matter, sulfur dioxide, carbon
monoxide, nitrogen oxides, or volatile organic compounds. Participation in the generation,
certification, and utilization of ERCs is voluntary; however, when a source chooses to generate,
certify, or utilize ERCs they must do so in compliance with the applicable provisions of Rule 204.
In 2017, the Arizona State Legislature amended Arizona Revised Statute § 49-410 to allow for the
generation, certification, and utilization of ERCs from nontraditional (non-permitted) sources. The
Arizona Department of Environmental Quality (ADEQ) followed with a revision to the Arizona
Administrative Code (A.A.C.) on June 14, 2019. The MCAQD is proposing to revise Rule 204 to
include provisions for the generation, certification, and utilization of emission reduction credits from
nontraditional sources that use truck stop electrification, electric standby equipped transport
refrigeration units, or electric onsite equipment to generate emission reduction credits. The
MCAQD is also proposing revisions to align the rule with the revisions made to the Arizona
Emissions Bank rules by the ADEQ.
In general, the MCAQD proposes to:
 Revise Section 100 (General) to clarify the purpose of the rule and expand the applicability of
the rule to include nontraditional (non-permitted) sources of ERCs (regulatory generators and
plan generators).
 Revise Section 200 (Definitions) to add, revise, and delete definitions to be consistent with the
definitions found in A.A.C. Title 18, Chapter 2, Article 12, R18-2-1201. New definitions
necessary to define new terms associated with proposed language related to regulatory
generators are also proposed to be added.
 Revise and restructure Section 300 (Standards) to provide separate subsections describing the
application, certification, registration, and utilization requirements of ERCs generated by
permitted and regulatory generators.
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 Add Section 400 (Administrative Requirements), subsection 401 (Offset Integrity
Responsibilities) to describe the responsibilities of a permitted source using certified credits
generated by a plan generator or a regulatory generator including actions that a permitted source
must take if an offset shortage is discovered.
 Add Section 500 (Monitoring and Records) to describe recordkeeping and monitoring
requirements a regulatory generator must comply with to demonstrate the continued generation
of emission reductions and the integrity of the certified credits.
 Add Appendices A, B, and C to describe the calculations used to determine the actual emission
reductions achieved by regulatory generators.
Overview of Stakeholder Input and Staff Responses:
The MCAQD received comments from one (1) stakeholder regarding the proposed revisions to
Rule 204. The stakeholder did not support nor oppose the rulemaking. Below are the stakeholder’s
comments and the MCAQD’s responses to the comments.
Comment 1: We are requesting a more inclusive definition of ineligible emission reductions in
section 305.1(c). The Federal Aviation Administration’s VALE program earmarks
specific emissions reduction actions as credits toward future airport projects.
VALE is described as an “incentive-based emissions reduction program” and we
are requesting these earmarked emissions reductions be clearly listed as ineligible
under this program.
Response 1: Draft Rule 204, Section 305.1.c(2) language excludes “…emission reductions
created or used under any other emissions trading program…” from the
calculations to quantify emission reductions. This exclusion would include any
emission reductions created under the Federal Aviation Administration’s (FAA)
Voluntary Airport Low Emission (VALE) Program. In addition, emission
reduction credits generated through the FAA VALE grants are totally under the
control of the airport and/or FAA. Therefore, future use would be at the
discretion of the airport and/or the FAA.
Comment 2: Electrification of fuel-driven equipment can result in operational changes of the
mobile equipment included in this rulemaking. An example is the running of
conveyor belts on aircraft baggage loaders, which once electrified, will run solely
off the battery and not register as “hours of operation” of the drivetrain. Pre-
electrification, the motor on these units would have been running to power the
conveyor belts and registering as “operating”. The commenter is unsure how this
possible reduction in hours of operation, while performing the same duties as the
units replaced, will be handled in the program.
Response 2: Draft Rule 204, Section 505.4 (Operational Records) rule language has been
revised to provide three (3) options for documenting the use of the electrical
equipment: hours of operation, mileage accrued, and the amount of electricity
consumed. For the conventional powered equipment, the options include: hours of
operation, mileage accrued, and fuel consumption. During the application process,
the applicant will identify which type(s) of recordkeeping will be used to verify that
the electrical equipment is operated in the same manner as the conventional
powered equipment it replaced in order to verify that no load shifting is occurring.
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Comment 3: Rule 204, section 305.2(b) does not allow for the retrofit of the equipment from
fuel-powered to electricity-driven. We request the inclusion of an option to
“repowering to electric” in this section as an allowable replacement practice.
Response 3: Section 305.2 of the draft rule has been revised to allow for the repowering of
gasoline or diesel fueled equipment as long as it is repowered to operate only on
electrical power. The onsite equipment recordkeeping requirements in draft rule
Section 505.1.c have also been revised to include for the repowering of equipment.
Comment 4: Draft Rule 204, Section 505.4 Operational Records requires record keeping of both
mileage and hours of operation for both the zero emissions equipment and the
conventional fueled equipment within the fleet. For the equipment in this
rulemaking, we suggest that hours of operation is the appropriate metric.
Response 4: Draft Rule 204, Section 505.4.a has been revised to require “at least one” of the
listed methods be used to demonstrate the electric powered equipment is being
used in the same manner as was represented in the emission reduction credit
application. Section 505.4.b of the draft rule has also been revised to require “at
least one” of the listed methods be used to meet operational recordkeeping
requirements.
Comment 5: The required emissions reduction commitment of 30 years seems daunting. With
that requirement, the company contemplating the emissions reduction is
attempting to project their business plan and any technological improvements that
might happen within that timeframe. An opportunity to commit to a lesser
timeframe seems more appropriate for this type of equipment. Likewise, by fully
crediting the replaced equipment emissions reduction now, and allowing industry
to use them for permit compliance for the next 30 years, the County is “losing” the
benefits of more stringent air emissions standards being promulgated over time on
these types of equipment.
Response 5: The thirty (30) year requirement has been removed as a requirement. The
MCAQD will rely on the definition of permanent when determining if an emission
reduction meets the permanence criteria as required by the CAA. Section 214
defines “permanent” as “reductions in qualifying emissions that are enforceable
and enduring for the duration of federal major new source review obligations.”
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Report to the Board of Supervisors
Prepared by the Maricopa County Air Quality Department
Board of Health Meeting Date: October 28, 2019
Board Hearing Date: December 11, 2019
Case Number/Title: AQ-2017-011-Rule 204 (Emission Reduction Credits for Use
with the Arizona Emissions Bank)
Agenda Item: (Pending)
Supervisor Districts: All Districts
Applicant: Staff
Request: Approve revision of Rule 204 (Emission Reduction Credits
for Use with the Arizona Emissions Bank) of the Maricopa
County Air Pollution Control Regulations and approve
submission of the revised rule as a revision to the Arizona
State Implementation Plan.
Rule 204 implements procedures for the certification and
utilization of emission reduction credits (ERCs) generated
from permitted sources emitting particulate matter, sulfur
dioxide, carbon monoxide, nitrogen oxides, or volatile
organic compounds. Participation in the generation,
certification, and utilization of ERCs is voluntary; however,
when a source chooses to generate, certify, or utilize ERCs
they must do so in compliance with the applicable provisions
of Rule 204.
In 2017, the Arizona State Legislature amended Arizona
Revised Statute § 49-410 to allow for the generation,
certification, and utilization of ERCs from nontraditional
(non-permitted) sources. The Arizona Department of
Environmental Quality (ADEQ) followed with a revision to
the Arizona Administrative Code on June 14, 2019. The
Maricopa County Air Quality Department (MCAQD) is
proposing to revise Rule 204 to include provisions for the
generation, certification, and utilization of emission reduction
credits from nontraditional sources that use truck stop
electrification, electric standby equipped transport
refrigeration units, or electric onsite equipment to generate
emission reduction credits. The MCAQD is also proposing
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revisions to align the rule with the revisions made to the
Arizona Emissions Bank rules by the ADEQ.
Support/Opposition: During the rulemaking process, the MCAQD received
written comments from one stakeholder. The stakeholder did
not express support for or opposition to the proposed
changes. The stakeholder’s comments and the MCAQD’s
responses to the comments are included in this report.
Staff
Recommendation: Approve
Board of Health
Recommendation: Approve
Additional Comments: This regulatory change is following the Enhanced Regulatory
Outreach Program Policy and workflow process. The County
Manager briefed the Board of Supervisors regarding this
rulemaking in December 2017. Stakeholder Workshops were
held on September 27, 2018, and July 16, 2019.
A newspaper notice of the Board of Supervisors public
hearing will be published in the Arizona Business Gazette on
November 7, 2019, and November 14, 2019. This regulatory
change will take effect immediately upon approval by the
Board of Supervisors.
Presented By: Philip A. McNeely, R.G., Director
Prepared By: Planning and Analysis Division
Attachments: Preamble required by Arizona Revised Statutes (A.R.S.) § 49-
471.07 (See the Draft Notice of Final Rulemaking)
Summary of the proposed regulatory change (See Item 4 of
the Draft Notice of Final Rulemaking)
Analysis of input received during the process and how that
input was responded to (See Item 9 of the Draft Notice of
Final Rulemaking)
Language of proposed regulatory change or amendment (See
Draft Rule in Draft Notice of Final Rulemaking)
Minutes from Board of Health meeting
Copies of all written and electronic Stakeholder input
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DRAFT NOTICE OF FINAL RULEMAKING
MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
REGULATION II – PERMITS AND FEES
RULE 204: EMISSION REDUCTION CREDITS FOR USE WITH THE ARIZONA
EMISSIONS BANK Return to list of attachments
The Maricopa County Air Quality Department (MCAQD) is proposing to amend Maricopa County
Air Pollution Control Regulation II – Rule 204 (Emission Reduction Credits for Use with the
Arizona Emissions Bank). The Control Officer is posting this Draft Notice of Final Rulemaking on
the Maricopa County Enhanced Regulatory Outreach Program (EROP) website as part of the
Report to the Board of Supervisors, in accordance with the Maricopa County EROP Policy. This
notice includes the preamble, as prescribed in A.R.S. § 49-471.05, and the full text of the rule,
including the intended actions to make new sections or amend, repeal, or renumber the sections of
the rule. This notice also includes a list of all previous notices posted on the Maricopa County
EROP website addressing the proposed rule and the concise explanatory statement prescribed in
A.R.S. § 49-471.07, subsection B.
PREAMBLE
1. Statutory authority for the rulemaking:
A.R.S. §§ 49-112, 49-474, 49-479, and 49-480
2. Name and address of department personnel with whom persons may communicate
regarding the rulemaking:
Name: Kimberly Butler
Maricopa County Air Quality Department
Planning and Analysis Division
Address: 3800 N Central Avenue, Suite 1400
Phoenix, AZ 85012
Telephone: 602-506-6731
Fax: 602-506-6179
Email: AQPlanning@maricopa.gov
Submit Comments At: http://maricopa.gov/FormCenter/Regulatory-
Outreach-17/Citizen-Comments-94
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3. Rulemaking process:
This rulemaking is following procedures identified in state statutes and the Maricopa County
EROP Policy.
County Manager Briefing: December 2017
Stakeholder Workshops: September 27, 2018
July 16, 2019
Board of Health Meeting to Initiate Regulatory Change: February 25, 2019
Notice of Proposed Rulemaking: August 21, 2019
Board of Health Meeting to Recommend Approval
to the Board of Supervisors: October 28, 2019
Board of Supervisors Formal Meeting to Set the Public Hearing: November 6, 2019
Board of Supervisors Public Hearing: December 11, 2019
4. Explanation of the rule, including the control officer's reasons for initiating the
rulemaking:
Return to list of attachments
Summary
Rule 204 implements procedures for the certification and utilization of emission reduction
credits (ERCs) generated from permitted sources emitting particulate matter, sulfur dioxide,
carbon monoxide, nitrogen oxides, or volatile organic compounds. Participation in the
generation, certification, and utilization of ERCs is voluntary; however, when a source
chooses to generate, certify, or utilize ERCs they must do so in compliance with the
applicable provisions of Rule 204. Permitted sources may submit an application to the
MCAQD for the certification of ERCs that are generated within a nonattainment area within
Maricopa County. Certified credits may be deposited into the Arizona Emissions Bank until
they are sold, used, or retired. The Arizona Department of Environmental Quality (ADEQ)
administers the Arizona Emissions Bank, as specified in Arizona Revised Statutes (A.R.S.) §
49-410 and Arizona Administrative Code (A.A.C.) Title 18, Chapter 2, Article 12.
In 2017, the Arizona State Legislature amended A.R.S. § 49-410 to allow for the generation,
certification, and utilization of ERCs from nontraditional (non-permitted) sources. ADEQ
followed with a revision to the A.A.C. on June 14, 2019 (25 A.A.R. 1433). The MCAQD is
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proposing to revise Rule 204 to include provisions for the generation, certification, and
utilization of emission reduction credits from nontraditional sources that use truck stop
electrification, electric standby equipped transport refrigeration units, or electric onsite
equipment to generate emission reduction credits. The MCAQD is also proposing revisions
to align the rule with the revisions made to the Arizona Emissions Bank rules by the ADEQ.
Background
The federal Clean Air Act’s (CAA) New Source Review (NSR) program requires the owner
or operator proposing to construct a new major source or proposing to construct a major
modification of an existing major source in a nonattainment area to obtain emission offsets
before the proposed project may commence. The purpose of requiring emission offsets is to
allow a nonattainment area to move towards attainment of the National Ambient Air Quality
Standards (NAAQS) while still allowing for industrial growth in that area.
An emission offset is a reduction in the emissions of a pollutant from one emission source in
a nonattainment area to compensate for an emissions increase of that same pollutant from
another emission source in the nonattainment area. Emission reductions used as emission
offsets must equal or exceed emission increases from a proposed new or modified major
source in a nonattainment area. The amount of emission reductions required depends on the
pollutant and the classification of the nonattainment area associated with that pollutant.
New or expanding sources in a nonattainment area commonly meet the offset requirement
by adding emission controls to a process, replacing equipment, closing a facility, or
purchasing ERCs. An ERC is a credit earned by a company by reducing emissions beyond
what is required by law or by shutting down a facility. ERCs must be certified to be
permanent, enforceable, real, surplus, and quantifiable.
Maricopa County is currently designated as a nonattainment area for both the 2008 8-hour
ozone NAAQS and the 2015 8-hour ozone NAAQS. It is classified as a moderate
nonattainment area for the 2008 8-hour ozone NAAQS and as a marginal nonattainment
area for the 2015 ozone 8-hour NAAQS. In ozone nonattainment areas, an owner or
operator proposing to construct a new major source or proposing to construct a major
modification of an existing major source must obtain emission offsets that exceed emission
increases from the proposed project before the project may commence. In the case of an
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ozone moderate nonattainment area, such as Maricopa County, an owner or operator
proposing to construct a new major source or proposing to construct a major modification
of an existing major source must obtain 1.15 tons of emission offsets for every 1.0 ton of
proposed emission increases from the project.
Recently, several inquiries have been made for expanding existing major sources or locating
new major sources in Maricopa County. Under current Rule 204, an owner or operator
proposing to construct a new major source or proposing to construct a major modification
of an existing major source in Maricopa County may obtain emission offsets by adding
emission controls to a process, replacing equipment, closing a facility, or purchasing ERCs.
Unfortunately, many of the sources interested in expanding or locating new major sources in
Maricopa County are not currently able to obtain enough offsets through these methods. As
a result, industrial growth for certain major sources in Maricopa County has halted.
Challenge: Availability of Emission Reduction Credits
A common method of obtaining emission offsets is the purchase of ERCs. Unfortunately,
there is a limited amount of ERCs available in Maricopa County to allow for industrial
growth in certain industries. In particular, there is a limited amount of volatile organic
compound (VOC) and oxides of nitrogen (NOx) ERCs.
To accommodate future economic growth in Maricopa County while complying with federal
air quality requirements, the county needs to increase the availability of emission offsets. The
MCAQD has researched ways to do this and has determined one way to do so is to revise
Rule 204 to allow for the generation, certification, and utilization of ERCs from
nontraditional sources of ERCs.
Currently, Rule 204 only allows for the generation, certification, and utilization of ERCs
generated from traditional, or permitted, sources. Since a majority of the County’s emissions
are from non-traditional sources, a large amount of ERCs have not been generated through
this manner. As a result, the MCAQD is proposing to revise Rule 204 to allow for the
generation, certification, and utilization of ERCs from nontraditional sources of ERCs,
specifically from private truck stop electrification, electric standby equipped transport
refrigeration units, and electric onsite equipment. The generation, certification, and
utilization of ERCs from nontraditional sources will increase the amount of ERCs available
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thereby increasing the amount of emission offsets available for major sources looking to
locate or expand in Maricopa County.
Proposed revisions to Rule 204
In general, the MCAQD proposes to:
 Revise the rule to align with the revisions made to the Arizona Emissions Bank rules by
the ADEQ.
 Revise Section 100 (General) to clarify the purpose of the rule and expand the
applicability of the rule to include nontraditional (non-permitted) sources of ERCs
(regulatory generators and plan generators).
 Revise Section 200 (Definitions) to add, revise, and delete definitions to be consistent
with the definitions found in A.A.C. Title 18, Chapter 2, Article 12, R18-2-1201. New
definitions necessary to define new terms associated with proposed language related to
regulatory generators are also proposed to be added.
 Revise and restructure Section 300 (Standards) to provide separate subsections
describing the application, certification, registration, and utilization requirements of
ERCs generated by permitted and regulatory generators.
 Add Section 400 (Administrative Requirements), subsection 401 (Offset Integrity
Responsibilities) to describe the responsibilities of a permitted source using certified
credits generated by a plan generator or a regulatory generator including actions that a
permitted source must take if an offset shortage is discovered.
 Add Section 500 (Monitoring and Records) to describe recordkeeping and monitoring
requirements a regulatory generator must comply with to demonstrate the continued
generation of emission reductions and the integrity of the certified credits.
 Add Appendices A, B, and C to describe the calculations used to determine the actual
emission reductions achieved by regulatory generators.
5. Studies relied on in the control officer's evaluation of or justification for the rule and
where the public may obtain or review the studies, all data underlying the studies,
any analysis of the studies, and other supporting material.
United States Environmental Protection Agency Region IX Air Division (2007). Technical
Support Document for EPA’s Rulemaking for the Arizona State Implementation Plan Regarding
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Maricopa County Air Quality Department Rule 242, “Emission Offsets Generated by the Voluntary
Paving of Unpaved Roads”. This document may be viewed at the Maricopa County Air Quality
Department, 3800 North Central Ave., Suite 1400, Phoenix, AZ 85012.
United States Environmental Protection Agency (2004). Guidance for Quantifying and Using
Long Duration Truck Idling Emission Reductions in State Implementation Plans and Transportation
Conformity (EPA420-B-04-001). Retrieved from
https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20040101_otaq_epa-420_b-
04-001_truck_idling_rmission_reductions.pdf
6. An economic, small business, and consumer impact statement:
The following discussion addresses each of the elements required for an economic, small
business, and consumer impact statement, as prescribed by A.R.S. §§ 41-1055, subsections
A, B, and C, and 41-1035:
An identification of the proposed rulemaking, including all of the following:
This rulemaking is proposing to revise Rule 204. Participation in the generation, certification,
and utilization of ERCs is voluntary.
(a) The conduct and its frequency of occurrence that the rule is designed to change.
The MCAQD is proposing to revise Rule 204 to allow for the generation, certification,
and utilization of ERCs from nontraditional sources of ERCs, specifically from private
truck stop electrification, electric standby equipped transport refrigeration units, and
electric onsite equipment.
(b) The harm resulting from the conduct the rule is designed to change and the
likelihood it will continue to occur if the rule is not changed.
Currently, there is a limited amount of VOC and NOx credits available in Maricopa
County. The lack of available credits adversely impacts Maricopa County’s economy by
limiting the ability of certain major stationary sources to locate or expand operations
within Maricopa County. If Rule 204 is not revised, the ability for certain major
stationary sources to locate or expand in Maricopa County will continue to be limited.
(c) The estimated change in frequency of the targeted conduct expected from the
rule change.
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The MCAQD is proposing to revise Rule 204 to allow for the generation, certification,
and utilization of ERCs from nontraditional sources of ERCs, specifically from private
truck stop electrification, electric standby equipped transport refrigeration units, and
electric onsite equipment.
A brief summary of the information included in the economic, small business, and
consumer impact statement.
Participation in the generation, certification, and utilization of ERCs is voluntary; however,
when a source chooses to generate, certify, or utilize ERCs they must do so in compliance
with the applicable provisions of Rule 204.
This rulemaking is anticipated to have an overall positive impact on Maricopa County’s
economy. The generation of more ERCs by nontraditional sources will allow more large
businesses wishing to construct new major sources or make major modifications to existing
major sources in Maricopa County to meet the emission offset requirement of the CAA. In
addition, owners or operators of private truck stops, transport refrigeration units, and onsite
equipment that choose to use electricity to reduce or eliminate emissions from gasoline and
diesel fueled equipment and generate ERCs will benefit by being able to sell ERCs to the
large businesses needing them for emissions offsets.
Name and address of agency employees who may be contacted to submit or request
additional data on the information included in the economic, small business, and
consumer impact statement.
Name: Kimberly Butler
Maricopa County Air Quality Department
Planning and Analysis Division
Address: 3800 N Central Avenue, Suite 1400
Phoenix, AZ 85012
Telephone: 602-506-6731
Fax: 602-506-6179
Email: AQPlanning@maricopa.gov
Submit Comments At: http://maricopa.gov/FormCenter/Regulatory-Outreach-
17/Citizen-Comments-94
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An identification of the persons who will be directly affected by, bear the costs of or
directly benefit from the proposed rulemaking.
Participation in the generation, certification, and utilization of ERCs is voluntary; however,
when a source chooses to generate, certify, or utilize ERCs they must do so in compliance
with the applicable provisions of Rule 204. Both the generator and the user of the ERCs will
bear the costs and benefits from the proposed rulemaking.
The owner or operator of a private truck stop, transport refrigeration unit, or onsite
equipment that chooses to use electricity to reduce or eliminate emissions from gasoline and
diesel fueled equipment will bear the costs associated with the cost to replace or add
equipment necessary to use electricity instead of gasoline or diesel fuel; however, they will
benefit from the ability to generate ERCs and, ultimately, sell the certified ERCs for a profit.
The owner or operator of a major stationary source needing emission offsets will bear the
cost of purchasing the certified ERCs but will benefit from the ability to construct a new
major stationary source in Maricopa County or make a major modification to an existing
major stationary source in Maricopa County.
In addition, the citizens and visitors to Maricopa County are anticipated to benefit from this
rulemaking. They will have cleaner air to breathe through the reduction of air pollutants and
potentially more job opportunities through new economic growth and expansion.
A cost benefit analysis of the following:
(a) The probable costs and benefits to the implementing agency and other agencies
directly affected by the implementation and enforcement of the proposed
rulemaking.
The cost incurred by MCAQD to review ERC applications and certify ERCs has been,
and is expected to continue to be, minimal.
The cost to ADEQ of administering the Arizona Emissions Bank has been, and is
expected to continue to be, minimal as stated in ADEQ’s Notice of Final Rulemaking
(25 A.A.R. 1433, June 14, 2019).
(b) The probable costs and benefits to a political subdivision of this state directly
affected by the implementation and enforcement of the proposed rulemaking.
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This rulemaking should not impose any new costs on political subdivisions of this state
affected by the proposed rulemaking.
(c) The probable costs and benefits to businesses directly affected by the proposed
rulemaking, including any anticipated effect on the revenues or payroll
expenditures of employers who are subject to the proposed rulemaking.
Participation in the generation, certification, and utilization of ERCs is voluntary;
however, when a source chooses to generate, certify, or utilize ERCs they must do so in
compliance with the applicable provisions of Rule 204. Both the generator and the user
of the ERCs will bear the costs and benefits from the proposed rulemaking.
The owner or operator of a private truck stop, transport refrigeration unit, or onsite
equipment that chooses to use electricity to reduce or eliminate emissions from gasoline
and diesel fueled equipment will bear the costs associated with the cost to replace or add
equipment necessary to use electricity instead of gasoline or diesel fuel; however, they
will benefit from the ability to generate ERCs and, ultimately, sell the certified ERCs for
a profit.
The owner or operator of a major stationary source needing emission offsets will bear
the cost of purchasing the certified ERCs but will benefit from the ability to construct a
new major stationary source in Maricopa County or make a major modification to an
existing major stationary source in Maricopa County.
A general description of the probable impact on private and public employment in
businesses, agencies, and political subdivisions of this state directly affected by the
proposed rulemaking.
The probable impact on private and public employment in businesses directly affected by
the proposed rulemaking is expected to be positive. The generation of more ERCs will allow
more businesses to locate and expand in Maricopa County, thereby increasing the overall
economic growth and expansion.
A statement of the probable impact of the proposed rulemaking on small businesses.
The statement shall include:
(a) An identification of the small businesses subject to the proposed rulemaking.
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Participation in the generation, certification, and utilization of ERCs is voluntary;
however, when a source chooses to generate, certify, or utilize ERCs they must do so in
compliance with the applicable provisions of Rule 204.
The small businesses subject to Rule 204 are the owners or operators of private truck
stops, transport refrigeration units, and onsite equipment who choose to use electricity
to reduce or eliminate emissions from gasoline and diesel fuel equipment.
(b) The administrative and other costs required for compliance with the proposed
rulemaking.
Participation in the generation, certification, and utilization of ERCs is voluntary;
however, when a source chooses to generate, certify, or utilize ERCs they must do so in
compliance with the applicable provisions of Rule 204.
Administrative Costs: Small business choosing to generate and certify ERCs must
comply with the application and recordkeeping requirements of the rule.
Other Costs: Small business choosing to generate and certify ERCs will bear costs
associated with the cost to replace or add equipment necessary to use electricity instead
of gasoline or diesel fuel and the cost of any monitoring equipment required by the rule
to ensure the continued generation of ERCs.
(c) A description of the methods that the agency may use to reduce the impact on
small businesses.
i. Establish less stringent compliance or reporting requirements in the rule for
small businesses.
Participation in the generation, certification, and utilization of ERCs is voluntary;
however, when a source chooses to generate, certify, or utilize ERCs they must do so
in compliance with the applicable provisions of Rule 204. The MCAQD is not aware
of any less stringent compliance or reporting requirements.
ii. Establish less stringent schedules or deadlines in the rule for compliance or
reporting requirements for small businesses.
Participation in the generation, certification, and utilization of ERCs is voluntary;
however, when a source chooses to generate, certify, or utilize ERCs they must do so
in compliance with the applicable provisions of Rule 204. The MCAQD is not aware
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of any less stringent schedules or deadlines for compliance or reporting
requirements.
iii. Consolidate or simplify the rule's compliance or reporting requirements for
small businesses.
Participation in the generation, certification, and utilization of ERCs is voluntary;
however, when a source chooses to generate, certify, or utilize ERCs they must do so
in compliance with the applicable provisions of Rule 204. The MCAQD is not aware
of any way to consolidate or simplify the rule’s compliance or reporting
requirements.
iv. Establish performance standards for small businesses to replace design or
operational standards in the rule.
Participation in the generation, certification, and utilization of ERCs is voluntary;
however, when a source chooses to generate, certify, or utilize ERCs they must do so
in compliance with the applicable provisions of Rule 204.
v. Exempt small businesses from any or all requirements of the rule.
Participation in the generation, certification, and utilization of ERCs is and will
remain voluntary.
(d) The probable cost and benefit to private persons and consumers who are directly
affected by the proposed rulemaking.
This rulemaking will not impose any costs to private persons or consumers. The citizens
and visitors to Maricopa County will benefit through the reduction of air pollutants and
economic growth.
A statement of the probable effect on state revenues.
The rulemaking will not impose increased monetary or regulatory costs on other state
agencies, political subdivisions of this state, persons, or individuals so regulated. Without
costs to pass through to customers, there is no projected change in consumer purchase
patterns and, thus, no impact on state revenues from sales taxes.
A description of any less intrusive or less costly alternative methods of achieving the
purpose of the proposed rulemaking, including the monetizing of the costs and
16

benefits for each option and providing the rationale for not using nonselected
alternatives.
The MCAQD is not aware of any less intrusive or costly methods to achieve the purpose of
this rulemaking.
A description of any data on which a rule is based with a detailed explanation of how
the data was obtained and why the data is acceptable data.
See section 5 of this notice.
7. The proposed effective date of the rule:
The proposed effective date of this rulemaking is December 11, 2019.
8. Such other matters as are prescribed by statuteand that are applicable to the county
or to any specific rule or class of rules:
Under A.R.S. § 49-479(C), a county may not adopt a rule or ordinance that is more stringent
than the rules adopted by the Director of the Arizona Department of Environmental Quality
(ADEQ) for similar sources unless it demonstrates compliance with the applicable
requirements of A.R.S. §49-112.
The MCAQD is in compliance with A.R.S. §§ 49-112(A) and (B). This rulemaking is not
making the rule more stringent than the rules adopted by the Director of ADEQ.
9. List of all previous notices posted to the Maricopa County EROP website addressing
the proposed rule and a concise explanatory statement, as prescribed by A.R.S. § 49-
471.07, subsection B:
(a) List of all previous notices posted to the Maricopa County EROP website
addressing the proposed rule:
Notice Date of Posting
Briefing Notification to County Manager: January 26, 2018
Notice of Stakeholder Workshop: September 13, 2018
June 28, 2019
Notice of Board of Health Meeting to Initiate
Regulatory Change: February 8, 2019
Notice of Proposed Rulemaking: August 21, 2019
Notice of Board of Health Meeting to Make
17

Recommendation to the Board of Supervisors: October 14, 2019
(b) The following discussion addresses each of the elements required for a concise
explanatory statement, as prescribed by A.R.S. § 49-471.07, subsection B:
i. A description of any change between the proposed rule or ordinance, the final
rule or ordinance or notice of final supplemental rule or ordinance.
The following changes were made after the Notice of Proposed Rulemaking was
published on August 21, 2019:
1. Revised the definition of “emission reduction credit” to clarify that ERCs do not
have property rights associated with them. The section now reads as follows:
Section 206 EMISSION REDUCTION CREDIT (ERC): A reduction in
qualifying emissions, expressed in tons per year as rounded down to the nearest
one tenth (1/10) of a ton, for which a generator has submitted an application
pursuant to this rule. ERCs do not have property rights associated with them.
2. Revised the definition of “plan generator” to clarify that the emission reduction
plan for a plan generator must be approved into the Arizona SIP. The section
now reads as follows:
Section 216 PLAN GENERATOR: A generator that intends to achieve or has
achieved reductions in qualifying emissions in compliance with an emission
reduction plan approved into the Arizona State Implementation Plan (SIP).
3. Modified the definition of “truck stop electrification” to include terms that are
interchangeable. The section now reads as follows:
Section 224 TRUCK STOP ELECTRIFICATION (TSE): A stationary idle
reduction technology that provides electricity to power on-board truck
equipment in lieu of idling the main truck engine or using onboard auxiliary
power units (APUs). Typically installed as Electrified Truck spaces and
Electrified Parking Spaces.
4. Added the terms “operating and utilization” to Section 303.2. The section now
reads as follows:
18

Section 303.2: Shall comply with all of the following operating, utilization,
monitoring, recordkeeping, and maintenance requirements
5. Added a subsection under Section 303.2 relating to idle reduction technology
operation and use, and adjusted the lettering under Section 303.2 as a result of
the added subsection. The section reads as follows:
Section 303.2.a: Idle Reduction Technology Operation and Use: Idle reduction
technology shall be operated and maintained in accordance with the
manufacturer’s written instructions.
(1) Trucks using idle reduction technology shall:
(a) Not use the truck’s engine while using the idle reduction technology.
(b) Be properly modified, if necessary, in accordance with the manufacturer’s
instructions, to allow for the use of the idle reduction technology.
6. Added a requirement under the Emission Reduction Monitoring section under
Section 303.2. The requirement reads as follows:
Section 303.2.b.3: All monitoring equipment shall be operated and maintained in
accordance with the manufacturer’s written instructions.
7. Added the term “operating” to Section 304.2. The section now reads as follows:
Section 304.2: Shall comply with all of the following operating, monitoring,
recordkeeping, and maintenance requirements
8. Added a subsection under Section 304.2 relating to electric standby equipped
TRU operation and maintenance, and adjusted the lettering under Section 304.2
as a result of the added subsection. The section reads as follows:
Section 304.2.a: Electric Standby Equipped TRU Operation and Maintenance:
Electric standby equipped TRUs shall be operated and maintained in accordance
with the manufacturer’s written instructions in order to ensure the continued
generation of emission reductions.
9. Added a requirement under Emission Reduction Monitoring under Section
304.2. The requirement reads as follows:
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Section 304.2.b.3: All monitoring equipment shall be operated and maintained in
accordance with the manufacturer’s written instructions.
10. Added the term “operating” to Section 305.2. The section now reads as follows:
Section 305.2: Shall comply with all of the following operating, monitoring,
repowering, removal/disposal, recordkeeping, and maintenance requirements:
11. Added a subsection under Section 305.2 relating to electrified onsite equipment
operation and maintenance, and adjusted the lettering under Section 305.2 as a
result of the added subsection. The section reads as follows:
Section 305.2.a: Electrified Onsite Equipment Operation and Maintenance:
Electrified Onsite Equipment shall be operated and maintained in accordance
with the manufacturer’s written instructions in order to ensure the continued
generation of emission reductions.
12. Added a second sentence to the Monitoring of Equipment Use section under
Section 305.2. The sentence reads as follows:
All monitoring equipment shall be operated and maintained in accordance with
the manufacturer’s written instructions.
13. Removed the phrase “for a minimum of thirty (30) years” from Section 303.2.c,
new section 303.2d.
14. Removed Sections 304.2.c (Maintenance of Electric Standby Equipped TRUs)
and 305.2.e (Maintenance of Electrified Onsite Equipment).
15. Added Section 307.3: Maintaining Surplus Integrity Criteria: In order to maintain
the surplus integrity criteria, the Control Officer may revise the amount of
previously issued certified credits at the time of the credit’s use.
16. Section 501.3 added numeric value after “five” to read “five (5).”
17. Section 505.1.c(2) “Removed from the inventory” was renumbered to 505.1.c(3).
ii. A summary of the comments and arguments for and against the notice and
the county’s response to the comments and arguments.
20

Return to list of attachments
The following discussion evaluates the arguments for and against the rule and
includes responses to comments received on the proposed rule or the preamble in
the Notice of Proposed Rulemaking. The MCAQD received written comments from
one (1) stakeholder. All of the comments were reviewed and evaluated by the
MCAQD.
Comment 1: We are requesting a more inclusive definition of ineligible emission
reductions in section 305.1(c). The Federal Aviation
Administration’s VALE program earmarks specific emissions
reduction actions as credits toward future airport projects. VALE is
described as an “incentive-based emissions reduction program” and
we are requesting these earmarked emissions reductions be clearly
listed as ineligible under this program.
Response 1: Draft Rule 204, Section 305.1.c(2) language excludes “…emission
reductions created or used under any other emissions trading
program…” from the calculations to quantify emission reductions.
This exclusion would include any emission reductions created
under the Federal Aviation Administration’s (FAA) Voluntary
Airport Low Emission (VALE) Program. In addition, emission
reduction credits generated through the FAA VALE grants are
totally under the control of the airport and/or FAA. Therefore,
future use would be at the discretion of the airport and/or the
FAA.
Comment 2: Electrification of fuel-driven equipment can result in operational
changes of the mobile equipment included in this rulemaking. An
example is the running of conveyor belts on aircraft baggage
loaders, which once electrified, will run solely off the battery and
not register as “hours of operation” of the drivetrain. Pre-
electrification, the motor on these units would have been running
to power the conveyor belts and registering as “operating”. The
commenter is unsure how this possible reduction in hours of
21

operation, while performing the same duties as the units replaced,
will be handled in the program.
Response 2: Draft Rule 204, Section 505.4 (Operational Records) rule language
has been revised to provide three (3) options for documenting the
use of the electrical equipment: hours of operation, mileage
accrued, and the amount of electricity consumed. For the
conventional powered equipment, the options include: hours of
operation, mileage accrued, and fuel consumption. During the
application process, the applicant will identify which type(s) of
recordkeeping will be used to verify that the electrical equipment is
operated in the same manner as the conventional powered
equipment it replaced in order to verify that no load shifting is
occurring.
Comment 3: Rule 204, section 305.2(b) does not allow for the retrofit of the
equipment from fuel-powered to electricity-driven. We request the
inclusion of an option to “repowering to electric” in this section as
an allowable replacement practice.
Response 3: Section 305.2 of the draft rule has been revised to allow for the
repowering of gasoline or diesel fueled equipment as long as it is
repowered to operate only on electrical power. The onsite
equipment recordkeeping requirements in draft rule Section 505.1.c
have also been revised to include for the repowering of equipment.
Comment 4: Draft Rule 204, Section 505.4 Operational Records requires record
keeping of both mileage and hours of operation for both the zero
emissions equipment and the conventional fueled equipment within
the fleet. For the equipment in this rulemaking, we suggest that
hours of operation is the appropriate metric.
Response 4: Draft Rule 204, Section 505.4.a has been revised to require “at least
one” of the listed methods be used to demonstrate the electric
powered equipment is being used in the same manner as was
22

represented in the emission reduction credit application. Section
505.4.b of the draft rule has also been revised to require “at least
one” of the listed methods be used to meet operational
recordkeeping requirements.
Comment 5: The required emissions reduction commitment of 30 years seems
daunting. With that requirement, the company contemplating the
emissions reduction is attempting to project their business plan and
any technological improvements that might happen within that
timeframe. An opportunity to commit to a lesser timeframe seems
more appropriate for this type of equipment. Likewise, by fully
crediting the replaced equipment emissions reduction now, and
allowing industry to use them for permit compliance for the next
30 years, the County is “losing” the benefits of more stringent air
emissions standards being promulgated over time on these types of
equipment.
Response 5: The thirty (30) year requirement has been removed as a
requirement. The MCAQD will rely on the definition of permanent
when determining if an emission reduction meets the permanence
criteria as required by the CAA. Section 214 defines “permanent”
as “reductions in qualifying emissions that are enforceable and
enduring for the duration of federal major new source review
obligations.”
23

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
Draft Rule for Board of Supervisors Public Hearing: Planning & Analysis Division
December 11, 2019 3800 N. Central Ave. Ste. 1400
Submit Comments on EROP Phoenix, AZ 85012
MARICOPA COUNTY Return to list of attachments
AIR POLLUTION CONTROL REGULATIONS
REGULATION II – PERMITS AND FEES
RULE 204
EMISSION REDUCTION CREDITS CREDIT (ERC) GENERATION,
CERTIFICATION, AND USE FOR USE WITH THE ARIZONA EMISSIONS BANK
INDEX
SECTION 100 – GENERAL
101 PURPOSE
102 APPLICABILITY
SECTION 200 – DEFINITIONS
201 ACCOUNT HOLDER
202 ARIZONA EMISSIONS BANK
203 BASELINE EMISSIONS
201 204 CERTIFIED CREDIT
202 CREDIT UTILIZATION
205 ELECTRIC STANDBY EQUIPPED TRU
203 206 EMISSION REDUCTION CREDIT (ERC) or CREDIT
204 EMISSIONS BANK
207 ENFORCEABLE
208 GENERATOR
209 IDLE REDUCTION TECHNOLOGY
210 LONG DURATION IDLING
211 OFFSET-CREATION RULE
212 OFFSETS
213 ONSITE EQUIPMENT
214 PERMANENT
215 PERMITTED GENERATOR
216 PLAN GENERATOR
217 PRIVATE TRUCK STOP
218 QUALIFYING EMISSIONS
219 QUANTIFIABLE
24

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
Draft Rule for Board of Supervisors Public Hearing: Planning & Analysis Division
December 11, 2019 3800 N. Central Ave. Ste. 1400
Submit Comments on EROP Phoenix, AZ 85012
220 REAL
221 REGULATORY GENERATOR
205 222 SURPLUS
223 TRANSPORT REFRIGERATION UNIT (TRU)
224 TRUCK STOP ELECTRIFICATION (TSE)
SECTION 300 – STANDARDS
301 CREDIT CERTIFICATION
302 CREDIT UTILIZATION
301 CERTIFICATION OF CREDITS FOR EMISSION REDUCTIONS BY A
PERMITTED GENERATOR
302 CERTIFICATION OF CREDITS FOR EMISSION REDUCTIONS BY A
REGULATORY GENERATOR
303 TRUCK STOP ELECTRIFICATION (TSE)
304 TRANSPORT REFRIGERATION UNIT (TRU)
305 ONSITE EQUIPMENT
306 REGISTRATION OF CERTIFIED CREDITS IN THE ARIZONA EMISSIONS
BANK
307 USE OF THE CERTIFIED CREDITS
SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
401 OFFSET INTEGRITY RESPONSIBILITIES
SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)
501 RECORDKEEPING AND RECORDS RETENTION
502 INSPECTIONS
503 TRUCK STOP ELECTRIFICATION (TSE) RECORDS
504 TRANSPORT REFRIGERATION UNIT (TRU) RECORDS
505 ONSITE EQUIPMENT RECORDS
APPENDICES TO RULE 204
APPENDIX A: CALCULATIONS FOR DETERMINING EMISSION REDUCTIONS
FROM EACH ELECTRIFIED TRUCK SPACE
APPENDIX B: CALCULATIONS FOR DETERMINING EMISSION REDUCTIONS
FROM EACH ELECTRIC STANDBY EQUIPPED TRU
APPENDIX C: CALCULATIONS FOR DETERMINING EMISSION REDUCTIONS
FROM EACH PIECE OF ONSITE EQUIPMENT
25

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
Draft Rule for Board of Supervisors Public Hearing: Planning & Analysis Division
December 11, 2019 3800 N. Central Ave. Ste. 1400
Submit Comments on EROP Phoenix, AZ 85012
Adopted 05/07/03
Adopted 05/07/2003; Revised MM/DD/YYYY
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION II - PERMITS AND FEES
RULE 204
EMISSION REDUCTION CREDITS CREDIT (ERC) GENERATION,
CERTIFICATION, AND USE FOR USE WITH THE ARIZONA EMISSIONS BANK
SECTION 100 – GENERAL
101 PURPOSE: To implement procedures for certification and utilization of emission reduction
credits for use with the Arizona Emissions Bank. To facilitate the creation and trading of
emission reduction credits (ERCs) for use as offsets by providing a process for:
101.1 Creating emission reduction credits for reductions achieved by permitted generators
and regulatory generators.
101.2 Certifying credits as meeting offset requirements in advance of the certified credits’
use for that purpose.
101.3 Registering certified credits in the Arizona Emissions Bank.
101.4 Using certified credits registered in the Arizona Emissions Bank.
101.5 Using certified credits not registered in the Arizona Emissions Bank.
102 APPLICABILITY: Participation in the Rule 204 emission reduction credit certification and
utilization program is voluntary. The provisions of this rule apply to permitted sources
emitting particulate matter, sulfur dioxide, carbon monoxide, nitrogen oxides, or volatile
organic compounds. Rule 204 does not apply to sources granted the authority to operate
under Rule 230 (General Permits) of these rules. The provisions of this rule apply to the
following persons and entities:
102.1 A permitted generator.
102.2 A plan generator.
102.3 A regulatory generator.
102.4 The owner or operator of a permitted stationary source that intends to use certified
credits as offsets.
SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall
apply. See apply in addition to those definitions found in Rule 100 (General Provisions and
Definitions) of these rules. for definitions of terms that are used but not specifically defined in this
rule. In the event of any inconsistency between any of the Maricopa County Air Pollution Control
Regulations, the definitions in this rule take precedence.
26

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
Draft Rule for Board of Supervisors Public Hearing: Planning & Analysis Division
December 11, 2019 3800 N. Central Ave. Ste. 1400
Submit Comments on EROP Phoenix, AZ 85012
201 ACCOUNT HOLDER: Any person or entity who has opened an account with the
Arizona Emissions Bank.
202 ARIZONA EMISSIONS BANK: The system created by the Arizona Department of
Environmental Quality (ADEQ) to record and make publically available information on the
issuance, certification, transfer, retirement, and use of emission reduction credits.
203 BASELINE EMISSIONS: The average rate, in tons per year as rounded down to the
nearest one tenth (1/10) of a ton, at which the generator actually emitted the pollutant
during the two preceding calendars years, or two calendar years more representative of
normal emissions within the 5-year period immediately before the emissions reduction is
achieved.
201 204 CERTIFIED CREDITS CREDIT: – emission reduction credits that have qualified for
certification by satisfying the criteria established for emission reduction as outlined in
Section 301 (Credit Certification) of this rule. An ERC that has met the criteria in this rule
for certification and has been issued by the Maricopa County Air Quality Department
(MCAQD).
202 CREDIT UTILIZATION – the use of a certified emission reduction credit.
205 ELECTRIC STANDBY EQUIPPED TRU: A transport refrigeration unit (TRU) with a
refrigeration system that may be selectively powered by either an integral, diesel fueled
internal combustion engine, or an integral, electric powered motor.
203 206 EMISSION REDUCTION CREDIT (ERC): or CREDIT – a certified unit that may be
banked, sold, transferred, withdrawn or retired. A reduction in qualifying emissions,
expressed in tons per year as rounded down to the nearest one tenth (1/10) of a ton, for
which a generator has submitted an application pursuant to this rule. ERCs do not have
property rights associated with them.
204 EMISSIONS BANK – the electronic entity where emission reduction credits are recorded
for the purpose of the public notice, allowing a person to determine the availability of credits
for related market transactions. The emissions bank is administered by the Arizona
Department of Environmental Quality.
207 ENFORCEABLE: Specific measures for assessing compliance with an emissions
limitation, control, or other requirement established in a permit or in this rule in a manner
that allows compliance to be readily determined by, but not limited to, an inspection of
records and reports.
208 GENERATOR: Any permitted source or other activity that has made or proposes to make
reductions in qualifying emissions.
209 IDLE REDUCTION TECHNOLOGY: A technology or device that reduces the need
for long duration idling.
27

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
Draft Rule for Board of Supervisors Public Hearing: Planning & Analysis Division
December 11, 2019 3800 N. Central Ave. Ste. 1400
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210 LONG DURATION IDLING: The operation of a diesel engine at a time in which the
main drive engine is not engaged and in gear for a period greater than 15 consecutive
minutes except when associated with routine stoppages due to traffic congestion or for the
loading or processing of cargo.
211 OFFSET-CREATION RULE: A Maricopa County Air Pollution Control Regulation that
has been approved into the State Implementation Plan (SIP) and provides a method for
allowing emission reductions from specific activities to qualify as offsets. Rule 242 (Emission
Offsets Generated by the Voluntary Paving of Unpaved Roads) is an example of an offset-
creation rule.
212 OFFSETS: Reductions in emissions required under Rule 240 (Federal Major New Source
Review (NSR)) of these rules.
213 ONSITE EQUIPMENT: Mobile, nonroad industrial, and ground support equipment that
are part of the same fleet and used at the same location such as equipment located at, but
not limited to, an airport, a distribution center, or a rail yard.
214 PERMANENT: Reductions in qualifying emissions that are enforceable and enduring for
the duration of federal major new source review obligations.
215 PERMITTED GENERATOR: A generator that is a stationary source subject to a permit
and that seeks credits for reductions that are, or will be made enforceable through a permit
condition.
216 PLAN GENERATOR: A generator that intends to achieve or has achieved reductions in
qualifying emissions in compliance with an emission reduction plan approved into the
Arizona State Implementation Plan.
217 PRIVATE TRUCK STOP: A private place of business (non-commercial/non-public) that
provides services and parking spaces to only its private fleet drivers and trucks.
218 QUALIFYING EMISSIONS: Emissions of any conventional air pollutant, other than
elemental lead, or any precursor of a conventional air pollutant from any activity when
generated within the Maricopa County nonattainment area associated with the conventional
air pollutant.
219 QUANTIFIABLE: With respect to emissions, including the emissions involved in
equivalent emission limits and emission trades, capable of being measured or otherwise
determined in terms of quantity and addressed in terms of character. Quantification may be
based on emission factors, stack tests, monitored values, operating rates, and averaging
times, materials used in a process or production, modeling, or other reasonable measurement
practices.
220 REAL: A reduction in actual emissions released to the air resulting from a physical change
or change to the method of operations by a generator.
28

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
Draft Rule for Board of Supervisors Public Hearing: Planning & Analysis Division
December 11, 2019 3800 N. Central Ave. Ste. 1400
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221 REGULATORY GENERATOR: A generator that has achieved reductions in qualifying
emissions by compliance with an offset-creation rule.
205 222 SURPLUS: – the amount of a permitted source’s emission reduction that is not required by
federal, state, or local law. A reduction in qualifying emissions not otherwise required by a
federally applicable requirement and not relied upon in the State Implementation Plan (SIP).
223 TRANSPORT REFRIGERATION UNIT (TRU): A refrigeration system powered by
an integral, internal combustion engine designed to control the environment of temperature
sensitive products that are stored in trucks and trailers. A TRU is capable of providing
cooling or heating for truck and trailer cargo spaces.
224 TRUCK STOP ELECTRIFICATION (TSE): A stationary idle reduction technology
that provides electricity to power on-board truck equipment in lieu of idling the main truck
engine or using onboard auxiliary power units (APUs). Typically installed as Electrified
Truck Spaces and Electrified Parking Spaces.
SECTION 300 – STANDARDS
301 CREDIT CERTIFICATION
301.1 The Control Officer may certify an emission credit if the Control Officer verifies the
credit is based on all of the following:
(a) A reduction in actual emissions that occurred after August 17, 1999;
(b) A quantifiable reduction in actual emissions;
(c) A permanent reduction in actual emissions;
(d) An enforceable reduction in actual emissions; and
(e) A surplus reduction in actual emissions occurring in addition to any other
required emission reduction.
301.2 The source must notify the Control Officer when the reduction occurs.
301.3 In order for the emission reduction to be quantifiable under this section:
(a) The emission reduction must be quantifiable under Rule 100, § 200.86; and
(b) The reducing source shall submit documentation of any testing or monitoring
that demonstrates an emission reduction.
301.4 The Control Officer shall certify one emission reduction credit for each ton per year
of particulate matter, sulfur dioxide, carbon monoxide, nitrogen dioxide, or volatile
organic compound actually reduced.
301.5 The Control Officer shall notify the source and the Director of the ADEQ that a
credit is certified.
302 CREDIT UTILIZATION
29

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
Draft Rule for Board of Supervisors Public Hearing: Planning & Analysis Division
December 11, 2019 3800 N. Central Ave. Ste. 1400
Submit Comments on EROP Phoenix, AZ 85012
302.1 A source may use a certified emission reduction credit in the same nonattainment
area, maintenance area, or modeling domain in which the emission reduction
occurred by submitting a Credit Utilization Application (CUA) to both the Director
of the ADEQ and the Control Officer, on a form prescribed by the Director of the
ADEQ. The source shall submit the CUA to the Control Officer at the time the
source submits an application for a permit or permit revision.
302.2 Before any emission reduction credits may be utilized, the Control Officer shall:
(a) Evaluate and verify the authenticity of the credit, and
(b) Determine that there will be no adverse impact on the air quality.
302.3 After the Control Officer completes the permitting action, the Control Officer shall
submit the credit certificate to the Director of the ADEQ and notify the Director
that the requirements of A.A.C. R18-2-1206 have been met.
301 CERTIFICATION OF CREDITS FOR EMISSION REDUCTIONS BY A
PERMITTED GENERATOR:
301.1 Application:
a. The owner or operator of a permitted generator may apply for certified credits
for reductions in qualifying emissions at any time after filing either of the
following with the Control Officer:
(1) An application for a permit revision seeking the imposition of conditions to
make the reductions in qualifying emissions permanent and enforceable; or
(2) A notice of permit termination seeking to make the shutdown of a stationary
source and the resulting reductions in qualifying emissions permanent and
enforceable.
b. An application for certified credits shall be filed with the Control Officer on the
form prescribed by the MCAQD and shall include:
(1) Information on the identity, type, ownership, and location of the permitted
generator.
(2) A description of the actions that have resulted or will result in the reductions
in qualifying emissions;
(3) Information on the amount of and methodology for calculating the
reductions in qualifying emissions for each pollutant subject to the
application;
(4) Other information necessary to verify that the reductions in qualifying
emissions qualify as permanent, quantifiable, surplus, enforceable, and real;
(5) The actual date or anticipated date of the reductions in qualifying emissions,
as applicable; and
30

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
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(6) A signed statement by a responsible official, as defined in Rule 100 (General
Provisions and Definitions), verifying the truthfulness and accuracy of all
information provided in the application.
301.2 Action on Application: The Control Officer shall review the application for credits
and:
a. Issue one certified credit for each ton, as rounded down to the nearest one tenth
(1/10) of a ton, per year of reduction that qualifies as permanent, quantifiable,
surplus, enforceable, and real; and
b. Provide the applicant with a certificate representing the number of certified
credits issued.
c. If no emission reductions qualify to be certified, then no certified credits will be
issued.
301.3 Registration of Certified Credits in the Arizona Emissions Bank: Certified
credits may be registered in the Arizona Emissions Bank but registration is not
required. See Section 306 (Registration of Certified Credits in the Arizona Emissions
Bank) for procedures regarding registration of certified credits in the Arizona
Emissions Bank.
302 CERTIFICATION OF CREDITS FOR EMISSION REDUCTIONS BY A
REGULATORY GENERATOR:
302.1 Application:
a. The owner or operator of a regulatory generator may apply for credits for
reductions in qualifying emissions at any time after complying with the applicable
requirements in Section 303 (Truck Stop Electrification (TSE)), Section 304
(Transport Refrigeration Unit (TRU)), or Section 305 (Onsite Equipment).
b. An application for credits shall be filed with the Control Officer on the form
prescribed by the MCAQD and shall include the information found in Section
301.1.b.
302.2 Action on Application: The Control Officer shall review the application for credits
and:
a. Issue one certified credit for each ton, as rounded down to the nearest one tenth
(1/10) of a ton, per year of reduction that qualifies as permanent, quantifiable,
surplus, enforceable, and real.
b. Provide the applicant with a certificate representing the number of certified
credits issued.
c. If no emission reductions qualify to be certified, then no credits will be issued.
302.3 Registration of Certified Credits in the Arizona Emissions Bank: Certified
credits may be registered in the Arizona Emissions Bank but registration is not
required. See Section 306 (Registration of Certified Credits in the Arizona Emissions
Bank) for procedures regarding registration of certified credits in the Arizona
Emissions Bank.
31

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
Draft Rule for Board of Supervisors Public Hearing: Planning & Analysis Division
December 11, 2019 3800 N. Central Ave. Ste. 1400
Submit Comments on EROP Phoenix, AZ 85012
303 TRUCK STOP ELECTRIFICATION (TSE): A regulatory generator that owns a private
truck stop and uses truck stop electrification idle reduction technology to reduce long
duration idling emissions:
303.1 May apply to certify ERCs by meeting the following requirements:
a. Truck Stop Location: The truck stop electrification idle reduction technology
used to generate credits shall be installed at a private truck stop that is located
within a nonattainment area within the jurisdiction of the MCAQD.
b. Quantification of Baseline Emissions: The regulatory generator shall quantify
baseline emissions from each electrified truck space following the calculation
methodology in Appendix A (Calculations for Determining Emission Reductions
from Each Electrified Truck Space).
c. Quantification of Emission Reductions:
(1) The regulatory generator shall:
(a) Quantify the amount of emission reductions from each electrified truck
space following the calculation methodology in Appendix A (Calculations
for Determining Emission Reductions from Each Electrified Truck
Space).
(b) Calculate the amount of emission reductions as rounded down to the
nearest one tenth (1/10) of a ton.
(2) Calculations shall not include:
(a) Emission reductions created or used under any other emissions trading
program, emission reductions used to satisfy the State Implementation
Plan including transportation conformity requirements, emission
reductions funded by the Diesel Emissions Reduction Act, or any
emission reductions pursuant to a federal consent decree, or state and
local settlements.
(b) Emission reductions from the use of mobile idle reduction technology,
such as auxiliary power units (APUs).
303.2 Shall comply with all of the following operating, utilization, monitoring,
recordkeeping, and maintenance requirements:
a. Idle Reduction Technology Operation and Use: Idle reduction technology
shall be operated and maintained in accordance with the manufacturer’s written
instructions.
(1) Trucks using idle reduction technology shall:
(a) Not use the truck’s engine while using the idle reduction technology.
(b) Be properly modified, if necessary, in accordance with the manufacturer’s
instructions, to allow for the use of the idle reduction technology.
32

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b. Emission Reduction Monitoring: The regulatory generator shall monitor the
continued generation of emission reductions using the following tamper-proof
equipment:
(1) TSE-based dataloggers for recording truck plug-in and TSE runtime; and
(2) TSE-based electricity flow meters for recording TSE electricity consumption.
(3) All monitoring equipment shall be operated and maintained in accordance
with the manufacturer’s written instructions.
c. Recordkeeping: A regulatory generator is responsible for creating and
maintaining records from the emission reduction monitoring as required in:
(1) Section 501 (Recordkeeping and Records Retention);
(2) Section 502 (Inspections); and
(3) Section 503 (Truck Stop Electrification (TSE) Records).
d. Maintenance of Electrified Truck Stop Parking Space: A regulatory
generator shall maintain each electrified truck stop parking space used to
generate certified credits.
304 TRANSPORT REFRIGERATION UNIT (TRU): A regulatory generator that reduces
truck and trailer TRU emissions by using electricity to power electric standby equipped
TRUs:
304.1 May apply to certify ERCs by meeting the following requirements:
a. Location: Electric standby equipped TRUs shall be located within a
nonattainment area located within the jurisdiction of the MCAQD.
b. Quantification of Baseline Emissions: The regulatory generator shall quantify
baseline emissions from each electric standby equipped TRU following the
calculation methodology in Appendix B (Calculations for Determining Emission
Reductions from Each Electric Standby Equipped TRU).
c. Quantification of Emission Reductions:
(1) The regulatory generator shall:
(a) Quantify the amount of emission reductions from each electric standby
equipped TRU following the calculation methodology in Appendix B
(Calculations for Determining Emission Reductions from Each Electric
Standby Equipped TRU).
(b) Calculate the amount of emission reductions as rounded down to the
nearest one tenth (1/10) of a ton.
(2) Calculations shall not include emission reductions created or used under any
other emissions trading program or emission reductions used to satisfy the
State Implementation Plan including transportation conformity requirements,
emission reductions funded by the Diesel Emissions Reduction Act, or any
emission reductions pursuant to a federal consent decree, or state and local
settlements.
33

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
Draft Rule for Board of Supervisors Public Hearing: Planning & Analysis Division
December 11, 2019 3800 N. Central Ave. Ste. 1400
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304.2 Shall comply with all of the following operating, monitoring, recordkeeping, and
maintenance requirements:
a. Electric Standby Equipped TRU Operation and Maintenance: Electric
standby equipped TRUs shall be operated and maintained in accordance with the
manufacturer’s written instructions in order to ensure the continued generation
of emission reductions.
b. Emission Reduction Monitoring: The regulatory generator shall monitor the
continued generation of emission reductions by utilizing tamper-proof data
acquisition systems installed on each TRU to quantify:
(1) The electric standby operation; and
(2) The associated electricity consumption.
(3) All monitoring equipment shall be operated and maintained in accordance
with the manufacturer’s written instructions.
c. Recordkeeping: A regulatory generator is responsible for creating and
maintaining records from the emission reduction monitoring as required in:
(1) Section 501 (Recordkeeping and Records Retention);
(2) Section 502 (Inspections); and
(3) Section 504 (Transport Refrigeration Unit (TRU) Records).
305 ONSITE EQUIPMENT: A regulatory generator that owns a fleet of onsite equipment
and electrifies all or part of the fleet to reduce emissions:
305.1 May apply to certify ERCs by meeting the following requirements:
a. Location: The electrified onsite equipment used to generate credits shall be part
of the same fleet and operated at the same location within a nonattainment area
located within the jurisdiction of the MCAQD.
b. Quantification of Baseline Emissions: The regulatory generator shall quantify
baseline emissions for each piece of onsite equipment following the calculation
methodology in Appendix C (Calculations for Determining Emission Reductions
from Each Piece of Onsite Equipment).
c. Quantification of Emission Reductions:
(1) The regulatory generator shall:
(a) Quantify the amount of emission reductions for each piece of onsite
equipment following the calculation methodology in Appendix C
(Calculations for Determining Emission Reductions from Each Piece of
Onsite Equipment).
(b) Calculate the amount of emission reductions as rounded down to the
nearest one tenth (1/10) of a ton.
(2) Calculations shall not include emission reductions created or used under any
other emissions trading program, emission reductions used to satisfy the
State Implementation Plan including transportation conformity requirements,
34

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
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December 11, 2019 3800 N. Central Ave. Ste. 1400
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or any emission reductions pursuant to a federal consent decree, or state and
local settlements.
305.2 Shall comply with all of the following operating, monitoring, repowering,
removal/disposal, recordkeeping, and maintenance requirements:
a. Electrified Onsite Equipment Operation and Maintenance: Electrified
onsite equipment shall be operated and maintained in accordance with the
manufacturer’s written instructions in order to ensure the continued generation
of emission reductions.
b. Monitoring of Equipment Use: The regulatory generator shall monitor the use
of all electrified equipment used to generate credits and all diesel and gasoline
powered equipment used for the same purpose as the electrified equipment to
verify that the electrified equipment is operated in the same manner as was
represented in the emission reduction credit application. All monitoring
equipment shall be operated and maintained in accordance with the
manufacturer’s written instructions.
c. Repowering of Equipment to Electric: Repowering equipment by converting
a diesel or gasoline engine to an electric powered engine shall:
(1) Be permanent.
(2) Be repowered to only operate electrically.
d. Removal/Disposal of Replaced Equipment: Permanently remove any
replaced diesel and or gasoline powered onsite equipment and engines from the
nonattainment area or render the replaced equipment permanently disabled and
dispose of in a manner that complies with all applicable local, state, and federal
laws. The regulatory generator shall provide evidence of proper disposal upon
request from the Control Officer or from the permitted source using the ERCs
as offsets.
e. Recordkeeping: A regulatory generator is responsible for creating and
maintaining records from the emission reduction monitoring as required in:
(1) Section 501 (Recordkeeping and Records Retention);
(2) Section 502 (Inspections); and
(3) Section 505 (Onsite Equipment Records).
306 REGISTRATION OF CERTIFIED CREDITS IN THE ARIZONA EMISSIONS
BANK: The owner or operator of a permitted generator or a regulatory generator may
register certified credits with the Arizona Emissions Bank. To register a certified credit:
306.1 Owner or Operator: The owner of operator of a permitted generator or regulatory
generator shall:
a. Indicate on the MCAQD emission reduction credit application their plan to
register the certified credits in the Arizona Emission Bank; and
b. Open an Arizona Emissions Bank account per A.A.C. R18-2-1206.A.
35

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
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306.2 Control Officer: The Control Officer shall notify the ADEQ of the number of
certified credits issued to the permitted generator or regulatory generator on a form
prescribed by the ADEQ.
307 USE OF THE CERTIFIED CREDITS:
307.1 Certified Credits Registered in the Arizona Emissions Bank:
a. An account holder who intends to use the certified credits held in its account as
offsets shall file an application to use the certified credits on the form prescribed
by the ADEQ.
b. On approval of the application, the ADEQ shall:
(1) Issue a certificate to the account holder representing the number of certified
credits that may be included in the permit or permit revision application of
the stationary source;
(2) Notify the Control Officer of the issuance of the certificate; and
(3) Change the status of the certified credits to use approved.
c. The Control Officer shall provide notice to the ADEQ of the final action on the
stationary source’s application for a permit or for a permit revision.
d. Reductions in qualifying emissions reflected in the number of certified credits
shall be implemented before actual construction of the new stationary source or
modification begins.
307.2 Certified Credits Not Registered in the Arizona Emissions Bank:
a. The owner or operator of a stationary source who intends to use certified credits
that are not registered in the Arizona Emissions Bank as offsets shall:
(1) Notify the MCAQD of the intention to use the certified credits as an offset
to meet emission limits; and
(2) Submit the certificate of issued certified credits to the MCAQD in
conjunction with a stationary source permit application or permit revision.
b. The Control Officer shall either:
(1) Approve the use of the certified credits as offsets and:
(a) Notify the owner of operator of the number of certified credits that may
be included in the permit or permit revision application of the stationary
source; and
(b) If there are any remaining available certified credits, the Control Officer
will reissue the certificate with a sequential revision number. This will
provide documentation on the availability of the remaining certified
credits.
(2) Deny the use of use of the certified credits for offsets and:
(a) Provide written notification of the reason for denying the use of the
certified credits as offsets; and
36

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
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(b) Return the certificate of issued certified credits to the owner or operator
of the stationary source.
307.3 Maintaining Surplus Integrity Criteria: In order to maintain the surplus integrity
criteria, the Control Officer may revise the amount of previously issued certified
credits at the time of the credit’s use.
SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
401 OFFSET INTEGRITY RESPONSIBILITIES:
401.1 Every six (6) months, a permitted source that uses certified credits from a regulatory
generator as offsets shall:
a. Obtain copies of the records from the regulatory generator required under
Section 500 (Monitoring and Records).
b. Ensure the records correspond to the semi-annual compliance reporting time
frame required by the permit holder’s Title V Air Quality Operating Permit.
c. Review the records to verify that the emission reductions generated by the
regulatory generator equal the amount of certified credits used as offsets for the
permitted source.
d. Include the regulatory generator records in the semi-annual report.
401.2 Every six (6) months, a permitted source that uses certified credits from a plan
generator as offsets shall:
a. Obtain copies of the records the plan generator is required to maintain per the
Arizona State Implementation Plan.
b. Ensure the records correspond to the semi-annual compliance reporting time
frame required by the permit holder’s Title V Air Quality Operating Permit.
c. Review the records to verify that the emission reductions generated by the plan
generator equal the amount of certified credits issued by ADEQ for use as
offsets.
d. Include the plan generator records in the semi-annual report.
401.3 Offset Shortage:
a. If a permitted source determines emission reductions being generated by the
regulatory generator or plan generator are less than the amount of certified
credits the permitted source used to obtain their New Source Review (NSR)
permit, the permitted source shall:
(1) Notify the Control Officer by phone within 24 hours of the discovery.
(2) Submit written notice:
(a) Within 72 hours from the date of discovery documenting the shortage of
emission reductions to the Control Officer. The written notice may be
submitted by mail, email, facsimile, commercial delivery, or hand delivery.
37

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
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(b) To include:
(i) A description of the shortage of emission reductions.
(ii) Steps taken to mitigate the emissions to compensate for the shortage
of emission reductions.
(3) Within 72 hours from the date of discovery, limit operations to compensate
for the shortage in emission reductions.
(4) Compensate for the ongoing shortage of emission reductions by submitting a
permit application within 90 days that meets one of the following:
(a) Limits emissions.
(b) Provides replacement offsets.
(c) Is a combination of (a) and (b).
b. A permitted source that operates without adequate offsets is in violation of these
rules.
SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)
501 RECORDKEEPING AND RECORDS RETENTION: Records and data required by
this section shall be:
501.1 Kept on site at all times by the generator in a consistent and complete manner, in
either electronic or paper format.
501.2 Made available upon request and without delay to the owner or operator of the
permitted source utilizing the certified credits and the Control Officer or his
designee.
501.3 Maintained for five (5) years beyond the use or retirement of the credit.
502 INSPECTIONS: A generator shall provide the Control Officer with access to the premises
for the purpose of conducting an inspection to verify compliance with this rule. An
inspection may include, but is not limited to, a review of records and reports.
503 TRUCK STOP ELECTRIFICATION (TSE) RECORDS: A regulatory generator shall
maintain the following records:
503.1 Inventory Records: A detailed inventory of fleet trucks used to generate credits
shall include all of the following:
a. For each fleet truck utilizing the private truck stop provide:
(1) Fleet identification number.
(2) The truck manufacturer.
(3) Truck model.
(4) Truck model year.
38

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
Draft Rule for Board of Supervisors Public Hearing: Planning & Analysis Division
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b. Information on sources used to obtain idling speed, idling emission rate, or fuel
use rate for each truck engine when used to calculate emission reduction credits.
c. The date each truck was:
(1) Added to the inventory.
(2) Removed from the inventory.
d. Monthly: The regulatory generator shall review and, if necessary, update the
equipment inventory.
503.2 Operational Records:
a. Daily: The regulatory generator shall record the number of hours, as rounded to
the nearest quarter hour, the idle reduction technology is used for each electrified
parking space using TSE-based dataloggers for recording truck plug-in and TSE
runtime.
b. Monthly: The regulatory generator shall record all of the following for each
calendar month:
(1) The number and availability of electrified truck stop spaces.
(2) Dates and description of maintenance and repairs to the idle reduction
technology conducted at each electrified truck space.
(3) An electricity consumption record for each electrified truck space.
503.3 Emission Reductions Records: Within fifteen (15) days of the end of each month,
the regulatory generator shall:
a. Calculate the amount of emission reductions generated from each electrified
truck space during the preceding month using the methodology in Appendix A
(Calculations for Determining Emission Reductions from Each Electrified Truck
Space).
b. Calculate a rolling twelve (12) month total of emission reductions.
c. If the rolling 12-month total is less than the amount of emission reduction
credits originally certified, the regulatory generator shall, within 24 hours, notify:
(1) The Control Officer; and
(2) The permitted source relying on the certified credits as offsets.
504 TRANSPORT REFRIGERATION UNIT (TRU) RECORDS: A regulatory generator
shall maintain the following records:
504.1 Inventory Records: A detailed inventory of fleet electric standby equipped truck
and or trailer TRUs used to generate credits shall include all of the following:
a. For each electric standby equipped truck and or trailer TRU used to generate
credits the following:
(1) Fleet identification number.
(2) The TRU manufacturer.
39

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
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(3) The TRU model.
(4) The TRU model year.
b. The date each electric standby equipped truck and or trailer TRU was:
(1) Added to the inventory.
(2) Removed from the inventory.
c. Monthly: The regulatory generator shall review and, if necessary, update the
equipment inventory.
504.2 Operational Records:
a. Daily: For each electric standby equipped TRU, the regulatory generator shall
record the number of hours, as rounded to the nearest quarter of an hour, the
electric standby equipped TRU utilizes electric power.
b. Monthly: The regulatory generator shall record:
(1) The date and a description of maintenance and repairs to each:
(a) Electrical standby equipped TRU.
(b) Electric power connection.
(2) Electricity consumption records for each electric standby equipped TRU.
504.3 Emission Reductions Records: Within fifteen (15) days of the end of each month,
the regulatory generator shall:
a. Calculate the amount of emission reductions generated from each electric
standby equipped TRU during the preceding month using the methodology in
Appendix B (Calculations for Determining Emission Reductions from Each
Electric Standby Equipped TRU).
b. Calculate a rolling twelve (12) month total of emission reductions.
c. If the rolling 12-month total is less than the amount of emission reduction
credits originally certified, the regulatory generator shall, within 24 hours, notify:
(1) The Control Officer; and
(2) The permitted source relying on the certified credits as offsets.
505 ONSITE EQUIPMENT RECORDS: A regulatory generator shall maintain the following
records:
505.1 Electrified Fleet Inventory Records: A detailed inventory of all electrified fleet
onsite equipment used to generate credits shall include all of the following:
a. For each piece of onsite equipment, provide all of the following:
(1) The equipment manufacturer.
(2) The model number.
(3) The model year.
40

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
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(4) The equipment category.
(5) A description of the equipment.
b. Information on sources used to obtain family or test group, fuel capacities, and
emission rates of each onsite equipment engine when used to calculate emission
reduction credits.
c. The date each piece of onsite equipment was:
(1) Added to the inventory.
(2) Repowered.
(3) Removed from the inventory.
505.2 Diesel and Gasoline Fleet Inventory Records: A detailed inventory of all fleet
diesel and gasoline powered onsite equipment used for the same purpose as
electrified equipment that includes all of the following:
a. For each piece of onsite equipment, provide all of the following:
(1) The equipment manufacturer.
(2) The model number.
(3) The model year.
(4) The equipment category.
(5) A description of the equipment.
(6) Fuel type.
b. The date each piece of onsite equipment was:
(1) Added to the inventory.
(2) Repowered.
(3) Removed from the inventory.
505.3 Monthly: The regulatory generator shall review and, if necessary, update the
equipment inventory.
505.4 Operational Records:
a. Monthly: For each electrified piece of onsite equipment used to generate credits,
the regulatory generator shall record a description of all maintenance and repairs
and at least one of the following to demonstrate the equipment is used in the
same manner as was represented in the emission reduction credit application:
(1) Hours of operation.
(2) Mileage accrued.
(3) Electricity consumed.
b. Monthly: For each piece of conventionally-fueled onsite equipment that can be
used for the same purpose as the electrified piece of equipment used to generate
41

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
Draft Rule for Board of Supervisors Public Hearing: Planning & Analysis Division
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Submit Comments on EROP Phoenix, AZ 85012
credits, the regulatory generator shall record a description of all maintenance and
repairs and at least one of the following:
(1) Hours of operation.
(2) Mileage accrued.
(3) Fuel consumed.
42

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
Draft Rule for Board of Supervisors Public Hearing: Planning & Analysis Division
December 11, 2019 3800 N. Central Ave. Ste. 1400
Submit Comments on EROP Phoenix, AZ 85012
APPENDIX A
CALCULATIONS FOR DETERMINING EMISSION REDUCTIONS FROM EACH
ELECTRIFIED TRUCK SPACE
A. Baseline Emissions = Annual Utilization (hrs) × Truck Idling Pollutant Emission Factor
(g/hr)
1. Where g is grams of pollutant and hr is hour or hours.
2. The truck idling pollutant emissions factor is the Model Year 2007 emission rate or the
most recent applicable federal truck emission standard.
3. Annual utilization is the aggregate number of hours (annual average using historical data
for most recent and representative two-year period) of actual long duration idling that is
directly displaced by truck stop electrification utilization for the truck type. Where
available, these data shall be obtained from truck telematics or datalogging data. If such
data are unavailable, the applicant shall submit data logs, records, or receipts showing
length of time fleet trucks have been resident at the private truck stop location to be
equipped with TSE, and the periods of time truck engines were operated at those
locations.
4. The above calculations yield gm/year. To obtain tons/yr, the regulatory quantity,
multiply by 1.1 x 10-6.
B. Post project emissions for truck stop electrification utilization (elimination of truck idling
while operating on electricity) is zero. The regulatory generator shall propose a factor for
TSE utilization (i.e. the proportion of eligible truck idling time that, on an annual average,
will be used each electrified truck space.) This proportion will become an enforceable limit
on each certified credit.
C. The amount of eligible emission reduction credits for each electrified truck space is
determined by subtracting post project emissions from baseline emissions.
43

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
Draft Rule for Board of Supervisors Public Hearing: Planning & Analysis Division
December 11, 2019 3800 N. Central Ave. Ste. 1400
Submit Comments on EROP Phoenix, AZ 85012
APPENDIX B
CALCULATIONS FOR DETERMINING EMISSION REDUCTIONS FROM EACH
ELECTRIC STANDBY EQUIPPED TRU
A. Baseline Emissions = Rated HP × Load Factor × Annual Utilization (hrs/year) × Pollutant
Emission Factor (g/hp-hr)
1. Where g is grams of pollutant, hp is horsepower, and hr is hour or hours.
2. Pollutant emissions factor is the emission rate allowed by the federal standard currently
applicable to the source category to which the TRU equipment belongs.
3. Rated HP is the TRU engine power rating as certified by the manufacturer in meeting
the currently applicable federal standard.
4. Load factor is the unitless fraction of the engine’s rated power that is utilized in
performing an average annual duty cycle and is derived from actual operational data.
5. Annual utilization is the aggregate number of hours (annual average using historical data
for most recent and representative two-year period) of actual TRU utilization that is
directly displaced by the use of electric standby equipped TRU and electricity from the
electric power grid.
6. The above calculations yield gm/year. To obtain tons/yr, the regulatory quantity,
multiply by 1.1 x 10-6.
B. Post project emissions for all-electric equipment is zero.
C. The amount of eligible emissions reductions credits for each TRU is determined by
subtracting post project emissions from baseline emissions.
44

AQ-2017-011-Rule 204 Maricopa County Air Quality Dept.
Draft Rule for Board of Supervisors Public Hearing: Planning & Analysis Division
December 11, 2019 3800 N. Central Ave. Ste. 1400
Submit Comments on EROP Phoenix, AZ 85012
APPENDIX C
CALCULATIONS FOR DETERMINING EMISSION REDUCTIONS FROM EACH
PIECE OF ONSITE EQUIPMENT
A. Baseline Emissions = Rated HP × Load Factor × Annual Utilization (hrs/year) × Pollutant
Emission Factor (g/hp-hr)
1. Where g is grams of pollutant, hp is horsepower, and hr is hour or hours.
2. Pollutant emissions factor is the emission rate allowed by the federal standard currently
applicable to the source category to which the equipment belongs.
3. Rated HP is the onsite equipment engine power rating as certified by the manufacturer
in meeting the currently applicable federal standard.
4. Load factor is the unitless fraction of the engine’s rated power that is utilized in
performing an average annual duty cycle and is derived from the last two years of actual
operational data.
5. Annual utilization is the aggregate number of hours (annual average using historical data
for the most recent and representative two-year period) of actual onsite equipment
utilization.
6. The above calculations yield gm/year. To obtain tons/yr, the regulatory quantity,
multiply by 1.1 x 10-6.
B. Post project emissions for all-electric equipment is zero.
C. The amount of eligible emission reduction credits for each electrified piece of onsite
equipment is determined by subtracting post project emissions from baseline emissions.
45

MARICOPA COUNTY BOARD OF HEALTH MEETING MINUTES
Monday, February 25, 2019 at 1:00 pm
301 W. Jefferson Street, 10th Floor, Phoenix, Arizona 85003
Board of Supervisors Conference Room
President Hughes called the meeting to order at 1:02 p.m. Return to list of attachments
ROLL CALL:
Members Present: Members Not Present:
Don Cassano Kristen Acton
Henri Cournand (via phone)
Robert MacMillan
Andrew Rascón
Nedra Halley
Don Hughes
Debra Baldauff
Bill Gates
Ex-Officio: Max Porter
CALL TO THE PUBLIC:
President Hughes announced that we have speaker slips for anyone wishing to speak on any action items. Speakers will
be called after the item is heard. Each speaker will have 2 minutes to speak.
No speaker slips were received.
President Hughes introduced our newest member to the Board of Health. Mr. Andrew Rascón, District 5 Board of
Supervisor Appointment. Mr. Rascón works for Southwest Center for HIV/AIDS and runs his own non-profit as well.
Welcome and congratulations Mr. Rascón on your appointment as our newest member.
DISCUSSION/ACTION ITEMS
1. Approval of Minutes: President Hughes asked for a motion to approve the BOH finance committee minutes from
the BOH Meeting held on July 23, 2018. Motion was made by Mr. MacMillan to approve the BOH finance committee
minutes as presented. Motion was seconded by Mr. Cassano and all were in favor. The motion passed unanimously.
Approval of Minutes: President Hughes asked for a motion to approve the BOH minutes from the BOH Meeting held
on July 23, 2018. Motion was made by Mr. Cassano to approve the BOH minutes as presented. Motion was seconded
by Ms. Halley and all were in favor. The motion passed unanimously.
2. Approval of FY20 OMB budget request Mr. Scot Pitcairn
Mr. Scot Pitcairn presented Department of Public Health’s budget request for FY2020.
For Fiscal Year 2020 Public Health Department’s total base budget request for this year is $58,150,751, a decrease of 6.2%
from the FY19 Revised budget. This consists of no increase to the General Fund budget, this fund remaining flat and on
target, a 9.8% decrease in the Grant Fund budget, and 1% increase in the Special Revenue Fund budget.
46
1

A summary of our base budget request is as follows:
General Fund $ 12,868,622
Grants Fund 36,271,166
Special Revenue (Fee) Fund 9,010,963
TOTAL $ 58,150,751
Operating Budget
General Fund
The general fund request is shown at target baseline level. No increases are being requested at this time. This is not
intended to imply that all service levels are being adequately met. In order to remain at baseline targets we have budgeted
100% vacancy savings for one division administrator position and our PIO position and have eliminated one program
coordinator position.
Fee Fund
The Fee Fund operating budget is submitted $322,248 below the FY19 Revised budget, reflecting a reduction in the
Childhood Immunization budget that keeps expenditures within anticipated revenues. (This budget will be supplemented
by non-recurring funding).
Grant Fund
The decrease of $4,159,112 in the Grant Fund results from the loss and reduction in several grants, including cuts to WIC,
moving the Ryan White Dental Program to the Ryan White Office, reductions to Healthy Start, and various other grant
losses or reductions.
Non-Recurring Budget
General Fund
The $237,775 in one-time funding in the FY19 budget for the replacement X-Ray equipment at our TB Clinic was removed
from the FY20 budget.
Grant Fund
For FY20 the grant carryover/non-recurring budget is $500,000, an increase of $215,000 over the FY19 budget. This
increase reflects additional carry forward from the Smoke Free Grant and the HPHC (Healthy People Healthy Communities)
integrated IGA grants.
Fee Fund
Following the model used last budget year, we have budgeted funds from our fee fund balance, increasing it from
$593,300 in the current year to $1,000,000 in FY20. Of this amount, $200,000 is budgeted for our policy group. This group
will use these funds for childhood vaccination advocacy and in addressing the opioid epidemic in our county. In addition,
Vital Registration is budgeted $125,000 for expanding the east valley office. The Refugee Medical Assistance Program is
budgeted to use $125,000 since they have run short in funding as a result of the current administration reducing the
number of refugees admitted to the country. The remaining $550,000 is being allocated to address needs in the STD
Control program, Childhood Immunization and other mandated areas.
CSCA and ISF
Last year we requested a review above baseline from the Board of Supervisors due to large deficiencies in our funding.
We are not requesting a review this year but there is a funding gap that the Budget Office and county management are
aware of due to the CSCA and ISF charges placed on the Department. Last year in order to balance our budget, $913,296
was used from our Fee Fund balance and $547,457 was designated from non-departmental funds in the event our indirect
collections were insufficient to cover expenses.
Due to two factors, first the reduction of grant receipts and second the increase over the last several years in CSCA and
Internal Service Charges, our indirect collections are not sufficient to cover our administrative costs, ISF charges and CSCA
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charges combined. Over the past ten years we have internally reduced our administrative staff by 10 positions, saving
over $850,000. However, these reductions have increased the workload on existing staff to the point that we cannot
reduce internally further and still function properly. Our rent is a sizable part of our internal charges but we cannot reduce
that amount unless we are allowed to purchase a facility. Our current lease runs through 2023 and we are not certain
whether we will be able to legally get out of the lease obligation before the lease expires. This shortfall is projected in our
budget at $685,549. The solution to fill this gap is left open for further discussion before our budget recommendation is
finalized.
For this current fiscal year’s budget, the County Budget Office obligated $547,457 for this projected shortfall. We have
held positions and generated vacancy savings with our director’s position to help reduce the use of this commitment, but
those options will probably not exist in the next budget cycle. We also could tap further into our fee fund balance.
Regardless of the solution for this problem, both of these options are only a Band-Aid and will not solve the problem of
uncontrolled escalations of CSCA and ISF charges being pushed into limited grant funds. Further increases in our indirect
rates will only further decrease the delivery of services for mandated and other services that public health is expected to
provide to our community. Therefore, a more viable, longer-term solution needs to be researched.
We should also note with this budget submission that the base-level operating budget is likely unable to handle an
outbreak or emergency should one occur. The two items we see as likely are: 1) measles epidemiology responses and; 2)
the treatment of MDR or XDR Tuberculosis cases.
During this last year our community, along with large parts of the world, have dropped below the required vaccination
rates in our schools to accomplish the herd immunity effect for disease prevention of vaccine preventable diseases. The
most contagious of these is Measles. Measles outbreaks have occurred throughout Europe and other parts of the world
and have occurred in 26 states during 2018. Europe has been fighting this previously contained disease spread for over a
year. During last year, with a 93% vaccination rate (we are just under 95%) European nations had 64,000 cases of the
disease. The main cost of our response will be in the epidemiological tracking of the outbreak; the cost of these can range
from $50,000 to hundreds of thousands of dollars. This is why we have been so active in the work with the state to
decrease the personal exemptions being given out to parents who do not vaccinate their children with the school-required
immunizations. While the financial costs of these outbreaks are staggering, the risk of blindness, hearing impairment,
pneumonia and death (1-2 deaths out of every 1,000 cases) can have drastic consequences for children and families.
The second concern is one that we have seen during the last few budget years but the frequency seems to be escalating.
This is the occurrence of multi-drug resistant (MDR) and extreme drug resistant (XDR) Tuberculosis (TB). This strain of TB
is immune to the normal cost-effective drugs that we use to treat standard cases and requires two other types of drugs
that are extremely expensive. A single case can easily cost between $100,000 and $150,000 over the course of their 18-
month to 24-month treatment, and this does not include any surgically required responses. Non-compliant patients also
incur court costs and isolation costs. We cannot predict the number of cases we will have, but if they do occur we will
need to request additional funds as we have in the past.
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Motion to approve the FY20 OMB budget request for Public Health was made by Ms. Halley, seconded by Mr. Cassano
and all were in favor. The motion passed unanimously
3. Approval of FY20 OMB budget request Mr. Gus Martinez
Mr. Gus Martinez presented Department of Environmental Services’ budget request for FY2020.
FUND 100 (County General Fund)
Requested budget for Fund 100 operating is $247,221 in revenues and $9,459,591 in expenditures.
Revenues
Agency 880 is funded by the County General Fund subsidy. Environmental Services collects enforcement revenue from
non-permitted activities. These fines are associated with violations of the Environmental Health Code by persons and
organizations not subject to obtaining a permit. Requested budgeted revenues remain at $247,221 with no change
between FY2019 adopted and FY2020 requested.
In FY2019 Environmental Services acquired the waste resources department which is tasked with operating the counties
six transfer stations. These transfer stations collects approximately 220K in transfer station fees annually.
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Expenditures
Environmental Services General Fund Agency recommended operating budget expenditures are $9,459,591 or .73%
increase from FY19 adopted.
Requested budget includes a slight increase in the amount of supplies and services by 2% or $103,140 for increased costs
in equipment repairs.
Non-Reoccurring Expenditures
The Departments recommended budget includes non-reoccurring expenses in Fund 100 in the amount of $100,003 for
the following:
 IT Recommendations – $100,003
FUND 505 (County Grant Fund)
Requested budget for Fund 505 operating is $67,198 in revenues and $67,198 in expenditures.
Grant Funds
Agency 881 is a grant from the Food and Drug Administration Department of Health and Human Services. Environmental
Services was awarded the grant on September 10, 2015 in the amount of $67,198 for FY2020. The grant was approved by
the Board of Supervisors on October 21, 2015. The purpose of the grant is to advance conformance with the voluntary
national retail food regulatory program standards. The purpose of the grant is to advance conformance with the voluntary
national retail food regulatory program standards. This grant will serve in assessing foodborne illness risk factors in
Maricopa County and also provide permitted food operations with educational strategies to reduce the occurrence of
foodborne illness risk factors. In Year 2, Environmental Services is providing education to all Environmental Health staff
for implementing Active Managerial Control (AMC) principles during their inspections and train the operators to do the
same (Train the Trainer). This training is based on the results of the survey conducted in Year 1. Also, MCESD will develop
an AMC Toolbox, consisting of guidance documents, templates, logs, videos, and handouts on policies, training, and
verification. These materials will emphasize the shift to a population that learns through the oral and visual delivery of
information. Access to these materials will be streamlined via inspection reports, website design, and other mobile
platforms. AMC will be further incentivized by increasing public awareness of the Department’s voluntary AMC program:
the “Cutting Edge Food Safety Partnership.” Our Department will develop media to showcase Cutting Edge Program
participants.
Revenues
Revenues remain unchanged from FY2019 to FY2020 requested and are mandated by the terms of the grant.
Expenditures
Expenditures remain unchanged from FY2019 to FY2020 recommended and are mandated by the terms of the grant.
FUND 290 (Waste Tire Fund)
Requested budget for Fund 290 operating are $5,825,000 in revenues and $5,825,000 in expenditures.
Revenues
Revenues are received from the State of Arizona to fully cover the expenses to the county. These fees are not directly
collected by the county; they are collected through the purchase of a tire.
Expenditures
The Tire Fund expense budget has increased 14.97% from FY2019 to FY2020 to accommodate the increase tires received
at the tire recycling facility. Year over year, the fund has seen increased costs based on the number of registered vehicles
in Maricopa County.
FUND 506 (Environmental Fee Fund)
Requested budget for Fund 506 operating are $21,012,670 in 50 revenues and $21,001,478 in expenditures.
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Revenues
Requested budgeted revenues for Fund 506 are $21,012,670 or $540,701 (3%) above FY2019 adopted.
Pool, food permitting, and environmental plan review are all experiencing a higher than average permit and plan review
submittals resulting in above budgeted revenue. This is primarily due to an uptick in construction projects as the economy
improves.
As plan review in both the Water and Waste and Environmental Health division’s continue to rise, so do the number of
permits being added. Environmental Services expects these trends to continue through FY2020.
Expenditures
Requested budgeted expenses at $21,001,478 or $599,204 (2.85%) above FY19 adopted. Requested budget includes
overall increase in personnel services by $348,968 or 2% with reductions to personal savings to accommodate the
increased workloads. Supplies and services have been increased by $250,236 due to an increase in central services cost
allocations.
Non-Reoccurring Expenditures
The Departments recommended budget includes non-reoccurring expenses in Fund 506 in the amount of $2,117,426 for
the following:
 Vehicles - $750,000
 Overtime – $125,000
 Rent – $93,954
 Contracting Services - $350,000
 IT Recommendations – $798,472
Motion to approve the FY20 OMB budget request for Environment Health was made by Mr. MacMillan, seconded by
Mr. Cassano and all were in favor. The motion passed unanimously
4. Fee Waiver Applications Ms. Jeannie Taylor
Ms. Jeannie Taylor presented 60 fee waivers for review and consideration of approval. A summary sheet document was
provided.
Motion to approve the 60 fee waivers applications was made by Ms. Halley, seconded by Mr. Cassano and all were in
favor. The motion passed unanimously.
5. Approval of initiation of regulatory change for the following rules: Gregory Verkamp
Kimberly Butler
Gregory Verkamp and Kimberly Butler presented 9 Rules for approval of initiation of regulatory changes. Gregory
explained that all rules are the beginning/initiation process. 8 lf the 9 rules EPA is behind them and will ultimately have
to be approved by the EPA.
A. AQ-2017-002
Rule 321 (Municipal Solid Waste Landfills)
The Maricopa County Air Quality Department (MCAQD) is proposing to revise Rule 321 to reflect the federal municipal
solid waste landfill emission guidelines as promulgated August 29, 2016 and codified at Title 40 (Protection of
Environment) of the Code of Federal Regulations (CFR), Part 60 (Standards of Performance for New Stationary Sources),
Subpart Cf (Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills). In addition, the MCAQD is
proposing to incorporate changes recommended by stakeholders, and to make other changes to improve and clarify the
rule. 51
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Motion to approve Rule 321 (Municipal Solid Waste Landfills) was made by Ms. Halley, seconded by Mr. MacMillan
and all were in favor. The motion passed unanimously.
B. AQ-2017-007
Rule 322 (Power Plant Operations)
Rule 323 (Fuel Burning Equipment from Industrial/Commercial/Institutional Sources)
Rule 324 (Stationary Reciprocating Internal Combustion Engines)
The MCAQD is proposing to revise Rules 322, 323, and 324 to address rule approvability comments provided by the
Environmental Protection Agency (EPA). These changes are required in order for the EPA to approve these rules as
Reasonably Available Control Technology (RACT) for control of nitrogen oxides, which are precursors to ozone formation.
The MCAQD is also proposing changes to address rule improvement comments provided by the EPA, to incorporate
changes recommended by stakeholders, and to make other changes to improve and clarify the rules.
Motion to approve Rule 322 (Power Plan Operations), Rule 323 (Fuel Burning Equipment from
Industrial/Commercial/Institutional Sources) and Rule 324 (Stationary Reciprocating Internal Combustion Engines) was
made by Mr. Cassano, seconded by Ms. Halley, and all were in favor. The motion passed unanimously.
C. AQ-2017-009
Rule 350 (Storage and Transfer of Organic Liquids (Non-Gasoline) at an Organic Liquid Distribution Facility)
Rule 351 (Storage and Loading of Gasoline at Bulk Gasoline Plants and Bulk Gasoline Terminals)
Rule 353 (Storage and Loading of Gasoline at Gasoline Dispensing Facilities)
MCAQD is proposing to revise Rules 350, 351, and 353 to address rule approvability comments provided by the
Environmental Protection Agency (EPA). These changes are required in order for the EPA to approve these rules as
Reasonably Available Control Technology (RACT) to reduce volatile organic compound (VOC) emissions. The MCAQD is
also proposing changes to address rule improvement comments provided by the EPA, to incorporate changes
recommended by stakeholders, and to make other changes to improve and clarify the rules.
Motion to approve Rule 350 (Storage and Transfer of Organic Liquids (Non-Gasoline) at an Organic Liquid Distribution
Facility), Rule 351 (Storage and Loading of Gasoline at Bulk Gasoline Plants and Bulk Gasoline Terminals) and Rule 353
(Storage and Loading of Gasoline at Gasoline Dispensing Facilities) was made by Mr. MacMillan, seconded by Mr.
Cassano and all were in favor. The motion passed unanimously.
D. AQ-2017-010
Rule 210 (Title V Permit Provisions)
The MCAQD is proposing to revise the MCAQD’s NSR rules in order to secure their approval as part of the State
Implementation Plan (SIP) under the federal Clean Air Act. The MCAQD’s NSR rulemaking is comprised of seven (7) rules,
including Rule 210. All of the NSR rules, with the exception of Rule 210, were approved for the initiation of regulatory
change by the Board of Health at the July 23, 2018 meeting. Rule 210 was not initiated at that time because revisions to
the rule were not anticipated. However, upon review of the U.S. Environmental Protection Agency’s (EPA’s)
recommendations, the MCAQD is requesting approval for the initiation of regulatory change in order to revise Rule 210.
Motion to approve Rule 210 (Title V Permit Provisions) was made by Mr. Cassano, seconded by Dr. Baldauff and all
were in favor. The motion passed unanimously.
E. AQ-2017-011
Rule 204 (Emission Reduction Credits for Use with the Arizona Emissions Bank)
The MCAQD is proposing to revise Rule 204 to add provisions for nontraditional sources of emission reduction credits.
Currently, the rule only allows for the generation, certification and utilization of emission reduction credits from permitted
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sources. Proposed revisions include new provisions for the generation, certification, and utilization of emission reduction
credits from nontraditional sources that use truck stop electrification, electric standby equipped transport refrigeration
units, and electric onsite equipment. Revising the rule will provide additional sources of emission reduction credits that
will allow Maricopa County to move towards attainment of the National Ambient Air Quality Standards while still allowing
industrial growth.
Motion to approve Rule 204 (Emission Reduction Credits for Use with the Arizona Emissions Bank) was made by Mr.
Cassano, seconded by Dr. Baldauff and all were in favor. The motion passed unanimously.
Discussion Items:
1. Public Health Report Max Porter
I. Human Resources
II. Communication
III. Infrastructure
IV. Strategic Planning
V. Programs
VI. Disease Update
VII. Future Topics
Max Porter presented the Director’s Public Health Report.
The budget isn’t quite as depressing as the picture that was presented to you. Yes we have some concerns when it comes
to our indirect balance, the central service cots, the ISF funds (administrative costs) that we’re hit with. This isn’t just a
concern for us, it’s a concern for all grant funded departments or any department that has a grant. Budget office is looking
into it and is looking for a solution. They understand that it’s not sustainable the way it’s going. We are working with
them. We have sufficient funds for this year to get through. We have a year to work through this and get to a solution.
Our department (Public Health) and Human Services are both heavily, heavily grant funded. We are both under the same
Assistant County Manager Lee Ann Bohn. She is dedicated to working through this year to try to find a solution for that
problem. We will get through this year. We will do what we always do and we will have a successful year. I do want you
to be aware that it’s not quite as bleak as the picture would look on paper. We are a viable department and we are doing
some wonderful things.
We are part of the Big Cities Health Coalition. We’re not a city, we’re a county but we are the 3rd largest Health jurisdiction
in the Country behind New York and LA. Majority of Health departments are run through the City organizations
throughout the Country, your large metropolis areas. Back in the 50’s it was consolidated that all to the Counties because
we could consolidate better across city borders if we did it all in one. We’re the 3rd largest. Part of being a part of this Big
Cities Health Coalition it allowed us to go back to the meetings this year and we meet with the head of the CDC. We
explained to them that part of the problem we are seeing in our Health Departments is that you’re (the CDC) is sending
funding from the federal government, majority of our funding comes from the federal government, to the State. The State
dictates how they will meet deliverables which often don’t work for an urban area like we are and rural areas. So the
funding they are sending down is going through another massaging at the State level. The State is taking out administrative
expenses and then it goes down to the County department level and fewer and fewer services after each one of these
things happen are reaching the people. The CDC heard us. So in three months from that meeting we received our first
notice from the CDC that they are sending out instead of a grant a cooperative agreement. It’s a guaranteed receipt of
funds. We will be getting a new addition of 2.5 million dollars directly from the CDC for OPIOID control. The OPIOID
Cooperative Agreement guaranteed funding will hit us in August. We are hoping that this will be a beginning of the way
grant funding will flow to us. It gives us a lot better ability to change direction when a new problem hits us. Rather than
waiting for the State to determine that it is a problem this will give us the ability to change a grant deliverable directly.
We’re hoping that, that will be a good change for the future of the way our funding comes in.
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As part of the director’s report here, the big question that if you don’t have you should have is when are we going to get
a new director? We are moving towards that direction. We have some very viable candidates that are in, we have some
good resumes and we’re doing interviews now. So we are hopeful that by your next meeting you will have a real director
that will be giving you this report. We’re hopeful that someone will be here and if they’re not here we will at least have
the name and date of when they will be here.
Childhood Vaccinations
You’re seeing reports almost daily in the news about childhood vaccinations. There is a huge debate with a large amount
of anti-vaxxers, I shouldn’t say large, there is a loud contingency of anti-vaxxers that are in the community. You have to
remember that we lost our herd immunity with our childhood immunizations.
 The majority of the population understand the importance of immunizations. They understand that they have to
participate if we’re going to protect the entire populous.
 There are also 2-3% can’t get vaccinations, they are people that are under treatment for cancer or they are
immune suppressed.
 The anti-vaxxers make up about 3% and they are extremely loud and they’re campaigning against vaccinations.
 6 bills in legislature
o 3 of the bills could really damage our vaccinations
o The anti-vaxxers are pushing harder and harder to give people personal exemptions for whatever reason.
o With legislation we can’t lobby, all we can do is educate.
o The Arizona Partnership for Immunization (TAPI),
Right now should be our peak of flu season
 H1N1 is hitting again
Congenital Syphilis
 Maricopa County Congenital Syphilis rates have doubled in the last 2 years.
 We have been said to be #1 in the nation, we are actually #5
 By statute – 1st trimester tested, 3rd trimester tested
o While it’s horrible the fix is simple
 Tested at delivery
 AHCCCS is on board
 Physicians reminded to test for syphilis in pregnant women
Community Health Survey
 MaricopaHealthMatters.org
 Why the Health Survey Matters
o Every three years, Maricopa County Department of Public Health, in collaboration with health care
and community partners, conducts a Community Health Survey to develop a deeper understanding
from residents about issues that relate to quality of life, availability of services, physical and mental
health, and more.
o The survey is part of a larger review of community health. This goes beyond individual health to look
at what is affecting the community overall, what health issues are affecting some communities more
than others, and what other factors contribute to those issues.
o This research is supported by Synapse, a collaboration of healthcare partners, and the Health
Improvement Partnership of Maricopa County (HIPMC).
o It is part of a broader review of the community’s health conducted in collaboration with seven
healthcare partners and over one hundred community organizations.
o MCDPH needs this to remain an accredited health department.
o Questions come from the National Association of County and City Health Organizations (NACCHO),
the Institute for Healthcare Improvement (IHI) and MCDPH staff, and are finalized for 2019.
o Data from this survey and the countywide health review are used to target programs, funds, and
attention to health needs with the greatest 54 potential for impact and improvement.
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 How the Survey is Being Conducted
o Goal is 15,000 surveys countywide with representation from all cities and towns
o Responses will be collected from March 1-May 31, 2019
o Robust outreach plan developed with partner organizations assisting in data collection
 What You Get and How You Can Help
 What you can get
o Access to de-identified data
o More responses will allow for more segmentation in data analysis
 How you can help
o Take the survey as a county resident
o Utilize MCDPH outreach toolkit to share the survey with your personal and professional networks
o Possible partnership with MCDPH epidemiologists to clean and analyze data
Community Health Improvement Plan – Grant Opportunity
 Shared Use - https://www.maricopa.gov/4386/Shared-Use
 Opening doors to physical activity and healthy eating.
 Opportunities for physical activity and access to healthy food are essential for health at all ages and stages
of life.
 Many neighborhoods throughout Maricopa County have limited access to spaces for children, youth, adults,
and seniors to easily choose to be active and to eat more nutritious food.
 By opening doors and expanding access to existing facilities, we can improve health and well-being across the
community.
 Maricopa County Department of Public Health (MCDPH) is offering grant funding up to $5000, per site, to
increase the number of spaces in under-served areas, so those community residents can: play exercise and
take part in recreational activities, grow healthy food and participate in nutrition related activities.
 Goal 100 schools opened
 $100,000 ($1500 - $5000 increments)
 School, Church or any public access
 Grant open until June 30th or until funding is gone
 Interested candidates must submit their response either by mail or email no later than May 31, 2019. For full
details, a copy of the request for quote (RFQ), or to submit a response, please visit: bit.ly/opendoorsgrant
ANNOUNCEMENTS AND CURRENT EVENTS
 Next Meeting – April 22, 2019
ADJOURNMENT: There being no further business, motion to adjourn the meeting was made by Ms. Halley, seconded by
Mr. Cassano and motion was passed unanimously. The meeting was adjourned.
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Copies of All Written and Electronic Stakeholder Input
Return to list of attachments
From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Tuesday, July 30, 2019 11:10 AM
To: regulations@mail.maricopa.gov
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule AQ-2017-011 Rule 204 Emission Reduction Credit for use with
the Arizona Emissions Bank
Department Air Quality
I would like to Other
First Name Cynthia
Last Name Parker
Organization City of Phoenix Aviation Department
City Phoenix
Zip 85284
Email cynthia.parker@phoenix.gov
Phone Number 6022732730
Phone Type Work
Would you like someone Yes
to contact you?
Comments Please see attached
If applicable, attach Rule 204 comments.docx
supporting documentation
associated with your
comment.
56

July 30, 2019
MCAQD
Re: Rule 204 Emissions Reduction Credits for Use with the Arizona Emissions Bank
Thank you for the opportunity to comment on this rulemaking.
Comment 1: We are requesting a more inclusive definition of ineligible emission reductions in section
305.1(c). The Federal Aviation Administration’s VALE program earmarks specific emissions reduction
actions as credits toward future airport projects. VALE is described as an “incentive‐based emissions
reduction program” and we are requesting these earmarked emissions reductions be clearly listed as
ineligible under this program.
Comment 2: Electrification of fuel‐driven equipment can result in operational changes of the mobile
equipment included in this rulemaking. An example is the running of conveyor belts on aircraft baggage
loaders, which once electrified, will run solely off the battery and not register as “hours of operation” of
the drivetrain. Pre‐electrification, the motor on these units would have been running to power the
conveyor belts and registering as “operating”. The commenter is unsure how this possible reduction in
hours of operation, while performing the same duties as the units replaced, will be handled in the
program.
Comment 3: Rule 204, section 305.2(b) does not allow for the retrofit of the equipment from fuel‐
powered to electricity‐driven. We request the inclusion of an option to “repowering to electric” in this
section as an allowable replacement practice.
Comment 4: Draft Rule 204, Section 505.4 Operational Records requires record keeping of both mileage
and hours of operation for both the zero emissions equipment and the conventional fueled equipment
within the fleet. For the equipment in this rulemaking, we suggest that hours of operation is the
appropriate metric.
Comment 5: The required emissions reduction commitment of 30 years seems daunting. With that
requirement, the company contemplating the emissions reduction is attempting to project their
business plan and any technological improvements that might happen within that timeframe. An
opportunity to commit to a lesser timeframe seems more appropriate for this type of equipment.
Likewise, by fully crediting the replaced equipment emissions reduction now, and allowing industry to
use them for permit compliance for the next 30 years, the County is “losing” the benefits of more
stringent air emissions standards being promulgated over time on these types of equipment.
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