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Agenda Item Id: Item Title WITHDRAW MARICOPA COUNTY AIR POLLUTION REGULATION FOR EXCESS EMISSIONS FROM THE STATE IMPLEMENTATION PLAN C Number: C-85-16-009-M-00 Action Requested: Approve Maricopa County Air Quality Department (MCAQD) to withdraw Rule 140 (Excess Emissions) of the Maricopa County Air Pollution Control Regulations from the (Arizona) State Implementation Plan (SIP). Board Required Information: Maricopa County Air Pollution Control Regulation Rule 140 grants sources an affirmative defense if there are emissions in excess of an applicable emissions limitation due to malfunction, startup and shutdown. Rule 140 is currently in the (Arizona) SIP, and locally and federally enforceable. In May 2015, the Environmental Protection Agency (EPA) determined that affirmative defenses should not be allowed in the SIP. MCAQD has until November 2016 to withdraw Rule140 from the SIP. To comply with the EPA’s deadline, the MCAQD is requesting the Board of Supervisors approve the withdrawal of Rule 140 from the SIP. Rule 140 would remain locally enforceable and not be federally enforceable. Upon the Board’s approval, the MCAQD will request the Arizona Department of Environmental Quality (ADEQ) to submit to the EPA a request to withdraw Rule 140 from the SIP. ADEQ has a similar excess emissions/affirmative defense rule; currently locally and federally enforceable. ADEQ will be requesting the EPA to remove their rule from the (Arizona) SIP. Permit fees are not changing due to this action. Additional Information: Expenditure Impact By FY: None Item Notes: (3/16/2016 2:58:31 PM) - Step: ClrkOfBrd User: Kristina Kidd Response: APPROVE (3/15/2016 12:34:15 PM) - Step: Finance User: Robert Harwood Response: MOVE FORWARD Comments: Move Forward (3/10/2016 10:00:05 AM) - Step: OMB User: Brian Hushek Response: MOVE FORWARD Comments: Move forward-Policy decision for the Board. (3/9/2016 5:21:51 PM) - Step: OMB_C2 User: Carmine (Ciejay) Davis Response: APPROVE Comments: Move Forward (3/4/2016 2:18:20 PM) - Step: OMB_C1 User: Kimberly Tolbert Response: APPROVE Comments: Move forward. (3/4/2016 8:43:57 AM) - Step: CountyAtty User: Robert Swan Response: APPROVE (3/4/2016 8:26:52 AM) - Step: DepartmentChief User: Joy Rich Response: APPROVE (3/3/2016 4:47:19 PM) - Step: DeptHead User: Philip (Phil) McNeely Response: APPROVE Comments: Revised language from Department Director. (3/3/2016 3:27:08 PM) - Step: Originator User: Michelle Mada Response: APPROVE Is there a Financial Impact? no Is there related Managing for Results information? yes Program Activity Performance/Demand Anticipated Results Measure Air Quality PLAA Emission reduction Milestone completed strategy milestone scheduled for completion General Item Information Department: Air Quality Department Constellation: Contact Name: Michelle Mada Phone Number: 602-372-1465 Return To: Michelle Mada Phone Number: 602-372-1465 Location: Supervisors' Auditorium Board: Meeting Date: 3/23/2016 Item Tracking Step Action User Date Originator APPROVE Michelle Mada 3/3/2016 3:27:05 PM DeptHead APPROVE Philip (Phil) McNeely 3/3/2016 4:47:17 PM DepartmentChief APPROVE Joy Rich 3/4/2016 8:26:49 AM Legal APPROVE Robert Swan 3/4/2016 8:43:53 AM OMB MOVE FORWARD Brian Hushek 3/10/2016 10:00:01 AM Finance MOVE FORWARD Robert Harwood 3/15/2016 12:34:12 PM ClrkOfBrd APPROVE Kristina Kidd 3/16/2016 2:58:28 PM CountyManager APPROVE JoAnn Rangel 3/16/2016 4:45:05 PM Board of Supervisors / Directors Continued on 3/23/2016.