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Agenda Item Id: Item Title MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS AQ-2014-001-INCORPORATION BY REFERENCE 2013-2014 C Number: C-85-15-005-7-00 Action Requested: Pursuant to A.R.S. §49-479(b), set a public hearing for November 5, 2014 to solicit comments and consider the adoption of incorporating federal standards into Maricopa County Air Pollution Control Regulations, Rule 321 (Municipal Solid Waste Landfills), Rule 360 (New Source Performance Standards), Rule 370 (Federal Hazardous Air Pollutant Program), Rule 371 (Acid Rain), and Appendix G (Incorporated Materials). Upon Board approval, this item will become effective November 5, 2014. Convene Action Requested: Pursuant to A.R.S. §49-479(b), convene the scheduled public hearing, to solicit comments and consider the adoption of incorporating federal standards into Maricopa County Air Pollution Control Regulations, Rule 321 (Municipal Solid Waste Landfills), Rule 360 (New Source Performance Standards), Rule 370 (Federal Hazardous Air Pollutant Program), Rule 371 (Acid Rain), and Appendix G (Incorporated Materials). Upon Board approval, this item will become effective November 5, 2014. Board Required Information: The Maricopa County Air Quality Department (department) is proposing to revise Rules 321, 360, 370, 371, and Appendix G by incorporating federal regulations and documents promulgated by the U.S. Environmental Protection Agency (EPA): New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), Acid Rain and other parts of Title 40 Code of Federal Regulations. The proposed action will include amending the incorporation by reference date from July 1, 2013, to July 1, 2014, in each of the rules and appendix to remain current with federal regulations. The adoption of the proposed amendments to Maricopa County Air Pollution Control Regulations Rules 321, 360, 370, 371 and Appendix G is necessary prior to requesting the EPA’s delegation of authority to the department for the implementation and enforcement of the federal regulations and documents. These amendments should not have an economic impact on businesses in Maricopa County and should not impose additional costs on the regulated community, small businesses, political subdivisions, and members of the public beyond that already incurred by reason of federal or state rule or law. The costs of compliance with these rules have already occurred and were considered when the federal and state rule or law was proposed and adopted. The department did not receive any public comments during the public comment period. Additional Information: EXECUTIVE SUMMARY: The Maricopa County Air Quality Department (department) is proposing to incorporate by reference various federal regulations and documents promulgated by the U.S. Environmental Protection Agency (EPA) and published in the Federal Register as of July 1, 2014. The proposed rule amendments include incorporating by reference federal actions relating to New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), Acid Rain and other parts of Title 40 of the Code of Federal Regulations (CFR). The proposed amendments to Maricopa County Air Pollution Control Regulations Rules 321, 360, 370, 371 and Appendix G are necessary prior to requesting the EPA’s delegation of authority to the department for the implementation and enforcement of the federal regulations and documents. In addition, the department is proposing the following: - To delete three subparts from Rule 370: - 40 CFR 63, Subpart B—Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j); - 40 CFR 63, Subpart C—List of Hazardous Air Pollutants, Petitions Process, Lesser Quantity Designations, Source Category List; and - 40 CFR 63, Subpart D—Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants. - To add three non-precursor organic compounds to the list in Appendix G: - trans 1-chloro-3,3,3-trifluoroprop-1-ene (also known as SolsticeTM 1233zd(E)), CAS number 102687–65–0; - 2,3,3,3-tetrafluoropropene (also known as HFO–1234yf), CAS 754–12–1; and - 2-amino-2-methyl-1-propanol (also known as AMP), CAS number 124–68–5. - To add the unique, standardized CAS registry number to each chemical listed in Appendix G. - To alphabetize the list of non-precursor organic compounds in Appendix G. - To alphabetize the list of HAPs in Rule 370. The proposed rule amendments will also correct typographical or other clerical errors; make minor grammatical changes to improve readability or clarity; modify the format, numbering, order, capitalization, punctuation, or syntax of certain text to increase standardization within and among rules; or make various other minor changes of a purely editorial nature. Upon Board approval, this item will become effective October 22, 2014. A Notice of Final Rulemaking will be distributed per normal procedures once approved. Expenditure Impact By FY: None Item Notes: (9/17/2014 1:43:49 PM) - Step: ClrkOfBrd User: Juanita Garza Response: APPROVE (9/16/2014 10:29:30 AM) - Step: OMB User: Brian Hushek Response: MOVE FORWARD Comments: Move forward - Non-financial (9/4/2014 1:51:21 PM) - Step: OMB_C2 User: Carmine (Ciejay) Davis Response: APPROVE Comments: Move Forward. (9/4/2014 12:59:24 PM) - Step: CountyAtty User: Robert Swan Response: APPROVE (9/4/2014 12:39:06 PM) - Step: OMB_C1 User: Nicholas Romani Response: APPROVE Comments: Move forward. (9/4/2014 12:16:50 PM) - Step: DepartmentChief User: Suzanne Gray Response: APPROVE (9/4/2014 11:46:56 AM) - Step: DeptHead User: Heather Thrasher Response: APPROVE (9/4/2014 11:40:27 AM) - Step: Originator User: Heather Thrasher Response: APPROVE (9/3/2014 11:47:20 AM) - Step: OMB_C1 User: Nicholas Romani Response: APPROVE Comments: Recommend Approval. (9/3/2014 11:26:50 AM) - Step: CountyAtty User: Robert Swan Response: APPROVE (9/3/2014 11:10:09 AM) - Step: DepartmentChief User: Suzanne Gray Response: APPROVE (9/2/2014 1:56:11 PM) - Step: DeptHead User: Heather Thrasher Response: APPROVE Comments: Please move this to the 9/10 meeting in order to meet EROP requirements. Thank you. (9/2/2014 1:52:46 PM) - Step: Originator User: Heather Thrasher 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 Planning & Analysis Emission reduction Milestone completed strategy milestone scheduled for completion General Item Information Department: Air Quality Department Constellation: Contact Name: Cheri Dale Phone Number: 602-506-3476 Return To: Heather Thrasher Phone Number: 602-506-6443 Location: Supervisors' Auditorium Board: Meeting Date: 9/24/2014 Item Tracking Step Action User Date Originator APPROVE Heather Thrasher 9/2/2014 1:52:44 PM DeptHead APPROVE Heather Thrasher 9/2/2014 1:56:08 PM DepartmentChief APPROVE Suzanne Gray 9/3/2014 11:10:06 AM Legal APPROVE Robert Swan 9/3/2014 11:26:47 AM OriginatorMonitor RECALL Heather Thrasher 9/4/2014 11:14:59 AM Originator APPROVE Heather Thrasher 9/4/2014 11:40:23 AM DeptHead APPROVE Heather Thrasher 9/4/2014 11:46:50 AM DepartmentChief APPROVE Suzanne Gray 9/4/2014 12:16:47 PM Legal APPROVE Robert Swan 9/4/2014 12:59:21 PM OMB MOVE FORWARD Brian Hushek 9/16/2014 10:29:27 AM ClrkOfBrd APPROVE Juanita Garza 9/17/2014 1:43:44 PM CountyManager APPROVE JoAnn Rangel 9/18/2014 10:39:24 AM Board of Supervisors / Directors Approved on 9/24/2014.