AQ-2016-002_REPORTTOBOARDOFSUPERVISORS 2016-09-07.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Air Quality Department
Board of Health Meeting Date: April 25, 2016
Board Hearing Date: September 7, 2016
Case #/Title: AQ-2016-002-Rule 241 (Minor New Source Review (NSR))
Agenda Item:
Supervisor Districts: All Districts
Applicant: Staff
Request: Approve amendments to Maricopa County Air Pollution Control
Regulations regarding Rule 241 (Minor New Source Review (NSR)) and
approve submitting the amended rule as a revision to the (Arizona) State
Implementation Plan (SIP).
The purpose of this rulemaking is to change the threshold when new or
modified stationary sources are required to apply Best Available Control
Technology (BACT) and Reasonably Available Control Technology
(RACT) from 25 tons per year to 40 tons per year for volatile organic
compounds, nitrogen oxides, or sulfur dioxide. Stakeholders have
requested that Rule 241 be revised to be consistent with the federal
thresholds.
Support/Opposition: No comments concerning the proposed rulemaking were received.
Staff
Recommendation: Approve
Board of Health
Recommendation: Approve per Staff recommended language
Additional
Comments: This regulatory change is following the Enhanced Regulatory Outreach
Program (EROP) Policy and workflow process. The County Manager
briefed the Board of Supervisors regarding this rulemaking in March
2016. A Stakeholder workshop was held on April 1, 2016. On April 25,
2016, the Board of Health approved this regulatory change for the
Expedited Process. A 30-day comment period was held from May 13,
2016 through June 13, 2016.
Presented By: Philip A. McNeely, R.G., Director
Prepared By: Hether Krause
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Attachments: Summary of the proposed regulatory change (See Item 6 of the Draft
Notice of Final Rulemaking)
Analysis of input received during the process and how that input was
responded to (No comments were received. See Item 13 of the Draft
Notice of Final Rulemaking)
Language of proposed regulatory change or amendment (See Item 17 of
the Draft Notice of Final Rulemaking)
Preamble required by Arizona Revised Statutes (A.R.S.) § 49-471.05
(See Draft Notice of Final Rulemaking)
Minutes from Board of Health meeting
Copies of all written and electronic Stakeholder input (No comments
were received)
Signed copy of the Maricopa County Resolution “Moratorium on
Increased Regulatory Burdens”
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