AQ-2024-005-RULE204-BOSREPORT.PDF

Air Quality Department 
301 W. Jefferson St., Suite 410  
Phoenix, Arizona 85003 
 
P: 602-506-6010 
E: AQMail@maricopa.gov 
Executive Summary of the Report to the Board of Supervisors 
Prepared by Maricopa County Air Quality Department 
Board Hearing Date: 
November 5, 2025 
Case Number/Title:  
AQ-2024-005-Rule 204 (Emission Reduction Credit (ERC) 
Generation, Certification, and Use) 
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: 
The purpose of Rule 204 is to allow for the generation and certification of ERCs for use as 
emission offsets. The purpose of this rulemaking is to address feedback from the U.S. 
Environmental Protection Agency (EPA) as well as feedback from stakeholders.  
On December 20, 2019, MCAQD submitted Rule 204 to the EPA for approval into the Arizona 
state implementation plan (SIP), but the EPA never formally acted on the SIP submittal. 
However, since the December 20, 2019, SIP submittal, MCAQD has received informal 
feedback from the EPA regarding rule approvability issues in Rule 204 and MCAQD has 
worked with the EPA to adequately address these issues. 
Additionally, MCAQD has received stakeholder feedback regarding rule useability and 
applicability issues, including broadening the applicability of the rule to include all nonroad 
engines. Broadening the applicability of the rule will allow a greater amount of nonroad engine 
emission reduction credits to be issued from a wider variety of sources, thereby increasing 
the availability of offsets for use by major sources in order to comply with Clean Air Act 
requirements.

Overview of Stakeholder Input and Staff Responses: 
In accordance with the EROP Policy, MCAQD is posting this Board of Supervisors Report as a 
continuation of the December 11, 2019, rule adoption to address EPA and stakeholder 
feedback. No additional written comments were received regarding the recent revisions 
made to address the feedback. The Notice of Final Rulemaking for the December 11, 2019, 
adoption of this rule contains information about written comments received and addressed 
at that time.
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Maricopa County 
Air Quality Department 
Planning and Analysis Division 
Report to the Board 
of Supervisors 
Rule 204 (Emission Reduction 
Credit (ERC) Generation, 
Certification, and Use)
November 2025

Board of Health Meeting Date: 
October 28, 2019 
Board Hearing Date: 
November 5, 2025 
Case Number/Title:  
AQ-2024-005-Rule 204 (Emission Reduction Credit (ERC) 
Generation, Certification, and Use) 
Agenda Item: 
(Pending) 
Supervisor Districts: 
All Districts 
Applicant:  
Staff 
Request: 
Approve revision of Maricopa County Air Pollution Control 
Regulations, Rule 204 (Emission Reduction Credit (ERC) 
Generation, Certification, and Use), the submission of the 
amended rule as a revision to the Arizona State Implementation 
Plan (SIP) and the withdrawal of the December 20, 2019, Rule 204 
SIP submittal.  
Portions of Maricopa County are currently classified as a 
moderate nonattainment area for the 2008 and 2015 ozone 
national ambient air quality standards. Sources in nonattainment 
areas must comply with the Clean Air Act’s (CAA) New Source 
Review (NSR) requirements. Under the NSR requirements of CAA 
section 173(c)(1), any new major stationary source or major 
modification must obtain emission reductions to offset the 
resulting increased emissions. The emission reductions, or ERCs, 
used to offset increased emissions must satisfy certain federal 
NSR criteria, as described in 40 CFR 51.165(a)(3)(ii)(C)(1)(i). 
Currently, insufficient ERCs exist in the Arizona Emissions Bank 
to permit new major stationary sources or major modifications in 
Maricopa County. In 2017, House Bill 2152 
amended A.R.S. § 49-410 to allow for the generation of ERCs 
from “any activity” that emits any conventional air pollutant, 
excluding elemental lead, or any precursor of a conventional air 
pollutant. This revision broadened the number of potential 
sources that could generate ERCs beyond traditional (permitted) 
sources. Subsequently, in 2017 MCAQD initiated the Rule 204 
rulemaking to allow for the generation of ERCs from 
nontraditional (non-permitted) sources such as the electrification 
of onsite equipment (i.e. ground support equipment).  
Maricopa County Board of Supervisors adopted revisions to Rule 
204 on December 11, 2019. The rule was then submitted to the 
U.S. Environmental Protection Agency (EPA) on December 20, 
2019, for approval into the Arizona SIP. Based on feedback from 
the EPA, MCAQD understands the current version of Rule 204 
cannot be approved into the Arizona SIP. As a result, MCAQD has 
Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
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revised Rule 204 to address EPA concerns. Approval of Rule 204 
into the Arizona SIP is required before it can be utilized to 
generate ERCs from nontraditional sources. 
Support/Opposition: 
In accordance with the EROP Policy, MCAQD is posting this 
Board of Supervisors Report as a continuation of the December 
11, 2019, rule adoption to address EPA and stakeholder 
feedback. No additional written comments were received 
regarding the recent revisions made to address this feedback. 
The Notice of Final Rulemaking for the December 11, 2019, 
adoption of this rule contains information about written 
comments received and addressed at that time. 
Staff 
Recommendation: 
Approve 
Board of Health 
Recommendation: 
Approve 
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 December 2017 and April 2024. Stakeholder 
Workshops were held on September 27, 2018; July 16, 2019; 
September 17, 2024; and July 23, 2025. 
The Board of Health approved initiation of regulatory change on 
February 25, 2019, a Notice of Proposed Rulemaking was posted 
on the EROP website on August 21, 2019, and the Board of Health 
recommended approval to the Board of Supervisors on October 
28, 2019. The Board of Supervisors adopted the rule on 
December 11, 2019, and the rule was submitted to the EPA on 
December 20, 2019. 
Based on discussions with EPA and feedback from stakeholders, 
and continuation of the EROP policy workflow, an email 
notification was sent to the Board of Health on September 3, 
2025, and a second Notice of Proposed Rulemaking was posted 
on the EROP website on August 20, 2025. 
A newspaper notice of the Board of Supervisors public hearing 
will be published in the Arizona Business Gazette on October 2, 
2025, and October 9, 2025. 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 
Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
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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 the Draft Notice of Final Rulemaking) 
Working Draft Rule 204_Strikethough 
Working Draft Rule 204_Clean 
Minutes from Board of Health meeting – February 25, 2019 
Minutes from Board of Health meeting – October 28, 2019 
Board of Health Notification – September 3, 2024 
Copies of all written and electronic stakeholder input were 
included in the December 11, 2019, Rule 204 Board of 
Supervisors report. No further written comments were received 
since. 
Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
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Maricopa County 
Air Quality Department 
Planning and Analysis Division 
Draft Notice of 
Final 
Rulemaking 
Rule 204 (Emission 
Reduction Credit (ERC) 
Generation, Certification, 
and Use) 
November 2025

Draft Notice of Final Rulemaking 
Maricopa County Air Pollution Control Regulations 
Regulation II – Permits and Fees 
Rule 204 
(Emission Reduction Credit (ERC) Generation, Certification, and Use) 
The Maricopa County Air Quality Department (MCAQD) is proposing to amend Rule 204 (Emission 
Reduction Credit (ERC) Generation, Certification, and Use). 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 Arizona Revised Statute (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(B). 
Preamble 
1.
Statutory authority for the rulemaking (A.R.S. § 49-471.05(1)):
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 (A.R.S. § 49-471.05(2)):
Name:
Will Adrian or Kimberly Butler 
Maricopa County Air Quality Department 
Planning and Analysis Division 
Address: 
301 W. Jefferson St., Suite 410 
Phoenix, AZ 85003 
Telephone: 
602-506-6010 
Email: 
AQPlanning@Maricopa.Gov 
Online: 
Submit a Comment 
3.
Rulemaking process (A.R.S. § 49-471.05(3)):
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 
Return to list of attachments
Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
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Board of Health Meeting to Initiate Regulatory 
Change: 
February 25, 2019 
First 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 
Second County Manager Briefing:  
April 2024 
Email Notification to Board of Health:  
September 3, 2024 
Stakeholder Workshops:  
September 17, 2024 
July 23, 2025 
Second Notice of Proposed Rulemaking 
August 20, 2025 
Second Board of Supervisors Formal Meeting to 
Set the Public Hearing: 
October 1, 2025 
Second Board of Supervisors Public Hearing: 
November 5, 2025 
4.
Explanation of the rule, including the control officer's reasons for initiating the
rulemaking (A.R.S. § 49-471.05(4)):
Portions of Maricopa County are currently classified as a moderate nonattainment area
for the 2008 and 2015 ozone national ambient air quality standards. Sources in
nonattainment areas must comply with the Clean Air Act’s (CAA) New Source Review
(NSR) requirements. Under the NSR requirements of CAA section 173(c)(1), any new
major stationary source or major modification must obtain emission reductions to
offset the resulting increased emissions. The emission reductions, or ERCs, used to
offset increased emissions must satisfy certain federal NSR criteria, as described in 40
CFR 51.165(a)(3)(ii)(C)(1)(i).
Currently, insufficient ERCs exist in the Arizona Emissions Bank to permit new major
stationary sources or major modifications in Maricopa County. In 2017, House Bill 2152
amended A.R.S. § 49-410 to allow for the generation of ERCs from “any activity” that
emits any conventional air pollutant, excluding elemental lead, or any precursor of a
conventional air pollutant. This revision broadened the number of potential sources that
could generate ERCS beyond traditional (permitted) sources. Subsequently, in 2017
MCAQD initiated the Rule 204 rulemaking to allow for the generation of ERCs from
nontraditional (non-permitted) sources such as the electrification of onsite equipment
(i.e. ground support equipment).
Maricopa County Board of Supervisors adopted revisions to Rule 204 on December 11,
2019. The rule was then submitted to the U.S. Environmental Protection Agency (EPA)
on December 20, 2019, for approval in the Arizona State Implementation Plan (SIP).
Based on feedback from the EPA, MCAQD understands Rule 204 cannot be approved
Return to list of attachments
Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
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into the Arizona SIP in its current form. Approval of Rule 204 into the Arizona SIP is 
required before it can be utilized to generate ERCs from nontraditional sources.  
As a result, MCAQD is proposing to revise Rule 204 to address EPA feedback. In 
addition, MCAQD is revising Rule 204 to address stakeholder feedback. Revising 
requirements to incorporate stakeholder feedback is anticipated to increase 
participation in MCAQD’s ERC program. 
Major proposed revisions to Rule 204 include the following: 
• Broadening the applicability of the rule to allow for the generation of ERCs from 
all nonroad engines, as defined in the rule. 
• Removing general ERC requirements, such as Arizona Emissions Bank 
registration requirements, currently found in Rule 203 (Emission Reduction Credit 
(ERC) General Requirements).  
• Removing provisions addressing the generation of ERCs from Truck Stop 
Electrification. 
• Limiting qualifying emissions to NOx or VOC emissions. 
• Requiring additional information be provided in the ERC application and more 
details be provided in the nonroad engine emission reduction credit (NERC) 
certificate. 
• Requiring all generators to hold or obtain a MCAQD stationary source permit 
(generator permit) to ensure permanence and enforceability of emission 
reductions. 
• Adding a public notice threshold for projects of reductions in qualifying 
emissions of 25 tons or greater. 
• Revising monitoring requirements to include tracking activity level using an hour 
meter and to include tracking of operating location. 
• Adding of a definition for load shifting. 
• Adding a demonstration of continued compliance whereby a generator may 
show an hours of operation shortfall is not a result of load shifting. 
• Adding a hierarchy under Appendix A for the determination of emission factors. 
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 (A.R.S. § 49-471.05(5)). 
U.S. Environmental Protection Agency, “Improving Air Quality with Economic Incentive 
Programs” January 2001, 
https://www.regulations.gov/document/EPA-R09-OAR-2024-0311-0009 
Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
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6. 
An economic, small business and consumer impact statement (A.R.S. § 49-
471.05(6)): 
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 (A.R.S. § 
41-1055(A)(1)): 
This rulemaking is proposing to revise Rule 204 so that it can be approved into the 
Arizona SIP and it can be utilized to generate NERCs. 
(a) The conduct and its frequency of occurrence that the rule is designed to change 
(A.R.S. § 41-1055(A)(1)(a)). 
MCAQD is proposing to revise Rule 204 to address EPA and stakeholder feedback. 
This rulemaking is required to secure approval of Rule 204 into the Arizona SIP. 
(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 (A.R.S. § 41-
1055(A)(1)(b)). 
MCAQD is proposing to revise Rule 204 to address EPA and stakeholder feedback. 
This rulemaking is required to secure approval of Rule 204 into the Arizona SIP. 
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 and approved into the 
Arizona SIP, 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 (A.R.S. § 41-1055(A)(1)(c)).  
MCAQD is proposing to revise Rule 204 to address EPA and stakeholder feedback. 
This rulemaking is required to secure approval of Rule 204 into the Arizona SIP, so 
that it can be utilized to generate NERCs for use as NSR offsets. 
A brief summary of the information included in the economic, small business and 
consumer impact statement (A.R.S. § 41-1055(A)(2)). 
Participation in the generation, certification, and utilization of NERCs is voluntary; 
however, the generation, certification, and utilization of NERCs from a captive fleet of 
nonroad engines must be done in compliance with the applicable provisions of Rule 
204. 
This rulemaking and approval of this rule into the Arizona SIP is anticipated to have an 
overall positive impact on Maricopa County’s economy. The facilitation, generation, and 
Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
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certification of NERCs will allow more 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, the owner or operator of a 
captive fleet of nonroad engines that generates and certifies NERCs will benefit by 
being able to sell NERCs 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 (A.R.S. § 41-1055(A)(3)). 
Name: 
Will Adrian or Kimberly Butler 
Maricopa County Air Quality Department 
Planning and Analysis Division 
Address: 
301 W. Jefferson St., Suite 410 
Phoenix, AZ 85003 
Telephone: 
602-506-6010 
Email: 
AQPlanning@Maricopa.Gov 
Online: 
Submit a Comment 
An identification of the persons who will be directly affected by, bear the costs of or 
directly benefit from the proposed rulemaking (A.R.S. § 41-1055(B)(2)). 
Participation in the generation, certification, and utilization of NERCs is voluntary; 
however, the generation, certification, and utilization of NERCs from a captive fleet of 
nonroad engines must be done in compliance with the applicable provisions of Rule 
204. Both the generator and the credit user of the NERCs will bear the costs and 
benefits from the proposed revisions. 
The owner or operator of a captive fleet of nonroad engines that chooses to replace or 
retrofit a captive fleet of nonroad engines to reduce or eliminate emissions and 
generate NERCs will bear the costs associated with the cost to replace or retrofit the 
captive fleet of nonroad engines; however, they will benefit from the ability to generate 
NERCs and, ultimately, sell the certified NERCs for a profit. 
The owner or operator of a major stationary source needing emission offsets will bear 
the cost of purchasing the certified NERCs 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 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 (A.R.S. § 41-1055(B)(3)(a)). 
Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
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MCAQD accounts for cost incurred to review NERC applications and certify NERCs 
through the fees section of Rule 203 (Emission Reduction Credit (ERC) General 
Requirements) of the Maricopa County Air Pollution Control Regulations (MCAPCR).  
The cost incurred by MCAQD to inspect and verify compliance of the generator with 
Rule 204 has been accounted for by permitting costs incurred through Section 301.2 
(Action on the Application) of this rule and MCAPCR, Rule 280 (Fees), which must be 
provided by the generator to ensure the permanency and enforceability of the 
certified NERCs.  
The cost to the Arizona Department of Environmental Quality (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 
(A.R.S. § 41-1055(B)(3)(b)). 
Participation in the generation, certification, and utilization of NERCs is voluntary. 
Nevertheless, in the event a political subdivision such as the City of Phoenix elects 
to become a generator they will bear the costs associated with the cost to replace or 
retrofit the captive fleet of nonroad engines. Additionally, the political subdivision 
who is an owner or operator of a captive fleet of nonroad engines that chooses to 
replace or retrofit a captive fleet of nonroad engines to reduce or eliminate 
emissions and generate NERCs will bear the costs associated with ERC application 
processing and obtaining a new permit or permit revision to impose conditions to 
make reductions in qualifying emissions permanent and enforceable. However, the 
political subdivision who is an owner or operator of a captive fleet of nonroad 
engines will benefit from the ability to generate NERCs and sell the certified NERCs 
for a profit, which MCAQD expects will sufficiently offset the aforementioned costs. 
(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 (A.R.S. § 
41-1055(B)(3)(c)). 
Participation in the generation, certification, and utilization of NERCs is voluntary; 
however, the generation, certification, and utilization of NERCs from a captive fleet 
of nonroad engines must be done in compliance with the applicable provisions of 
Rule 204. Both the generator and the credit user of the NERCs will bear the costs 
and benefits from the proposed rulemaking. 
The owner or operator of a captive fleet of nonroad engines that chooses to replace 
or retrofit a captive fleet of nonroad engines to reduce or eliminate emissions and 
generate NERCs will bear the costs associated with the cost to replace or retrofit the 
captive fleet engines. Additionally, the owner or operator of a captive fleet of 
nonroad engines that chooses to replace or retrofit a captive fleet nonroad engines 
Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
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to reduce or eliminate emissions and generate NERCs will bear the costs associated 
with ERC application processing and obtaining a new permit or permit revision to 
impose conditions to make reductions in qualifying emissions permanent and 
enforceable. However, the owner or operator of a captive fleet of nonroad engines 
will benefit from the ability to generate NERCs and sell the certified NERCs for a 
profit, which MCAQD expects will sufficiently offset the aforementioned costs. 
The owner or operator of a major stationary source needing emission offsets will 
bear the cost of purchasing the certified NERCs 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 (A.R.S. § 41-1055(B)(4)). 
The probable impact on private and public employment in businesses directly affected 
by the proposed rulemaking is expected to be positive. The generation of NERCs 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 
(A.R.S. § 41-1055(B)(5)(a)). 
Participation in the generation, certification, and utilization of NERCs is voluntary; 
however, the generation, certification, and utilization of NERCs from a captive fleet 
of nonroad engines must be done in compliance with the applicable provisions of 
Rule 204. 
The small businesses subject to Rule 204 are the owners or operators of captive 
fleets of nonroad engines that choose to reduce or eliminate emissions from 
gasoline and diesel-powered fleet engines. 
(b) The administrative and other costs required for compliance with the proposed 
rulemaking (A.R.S. § 41-1055(B)(5)(b)). 
Participation in the generation, certification, and utilization of NERCs is voluntary; 
however, the generation, certification, and utilization of NERCs from a captive fleet 
of nonroad engines must be done in compliance with the applicable provisions of 
Rule 204. 
Administrative Costs: Small business choosing to generate and certify NERCs must 
comply with the application and recordkeeping requirements of the rule. 
Other Costs: Small business choosing to generate and certify NERCs will bear costs 
associated with the cost to replace or retrofit a captive fleet of nonroad engines and 
Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
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the cost of any monitoring equipment required by the rule to ensure the continued 
generation of NERCs. 
(c) A description of the methods that the agency may use to reduce the impact on 
small businesses (A.R.S. § 41-1055(B)(5)(c)). 
MCAQD has a business assistance (BA) program that provides administrative and 
technical assistance to business owners related to air quality rules and regulations. 
Courtesy site visits, on-site training, rule interpretation, and compliance assistance 
are offered to small businesses at no charge. 
i. Establish less stringent compliance or reporting requirements in the rule for 
small businesses (A.R.S. § 41-1035(1)). 
Participation in the generation, certification, and utilization of NERCs is voluntary; 
however, the generation, certification, and utilization of NERCs from a captive 
fleet of nonroad engines must be done in compliance with the applicable 
provisions of Rule 204. 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 (A.R.S. § 41-1035(2)). 
Participation in the generation, certification, and utilization of NERCs is voluntary; 
however, the generation, certification, and utilization of NERCs from a captive 
fleet of nonroad engines must be done in compliance with the applicable 
provisions of Rule 204. MCAQD is not aware 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 (A.R.S. § 41-1035(3)). 
Participation in the generation, certification, and utilization of NERCs is voluntary; 
however, the generation, certification, and utilization of NERCs from a captive 
fleet of nonroad engines must be done in compliance with the applicable 
provisions of Rule 204. MCAQD is not aware of any way to consolidate or 
simplify the rule’s compliance or reporting requirements, but MCAQD provides 
the Business Assistance Program to provide information and technical 
assistance for permit holders including the small business community. 
iv. Establish performance standards for small businesses to replace design or 
operational standards in the rule (A.R.S. § 41-1035(4)). 
Participation in the generation, certification, and utilization of NERCs is voluntary; 
however, the generation, certification, and utilization of NERCs from a captive 
fleet of nonroad engines must be done in compliance with the applicable 
provisions of Rule 204. 
Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
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v. Exempt small businesses from any or all requirements of the rule (A.R.S. § 41-
1035(5)). 
Participation in the generation, certification, and utilization of NERCs is and will 
remain voluntary. 
(d) The probable cost and benefit to private persons and consumers who are directly 
affected by the proposed rulemaking (A.R.S. § 41-1055(B)(5)(d)). 
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 (A.R.S. § 41-1055(B)(6)). 
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 
benefits for each option and providing the rationale for not using nonselected 
alternatives (A.R.S. § 41-1055(B)(7)). 
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 (A.R.S. § 41-1055(B)(8)). 
Not applicable. 
7. 
The proposed effective date of the rule (A.R.S. § 49-471.05(7)): 
The proposed effective date of this rulemaking is November 5, 2025. 
8. 
Such other matters as are prescribed by statute and that are applicable to the county 
or to any specific rule or class of rules (A.R.S. § 49-471.05(8)): 
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. 
§ 49-112 County regulation; standards 
§ 49-112(A) 
When authorized by law, a county may adopt a rule, ordinance or regulation that is more 
stringent than or in addition to a provision of this title or rule adopted by the director or 
Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
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any board or commission authorized to adopt rules pursuant to this title if all of the 
following requirements are met: 
1. The rule, ordinance or regulation is necessary to address a peculiar local condition. 
2. There is credible evidence that the rule, ordinance or regulation is either; 
(a) Necessary to prevent a significant threat to public health or the environment that 
results from a peculiar local condition and is technically and economically 
feasible. 
(b) Required under a federal statute or regulation, or authorized pursuant to an 
intergovernmental agreement with the federal government to enforce federal 
statutes or regulations if the county rule, ordinance or regulation is equivalent to 
federal statutes or regulation. 
3. Any fee or tax adopted under the rule, ordinance or regulation does not exceed the 
reasonable costs of the county to issue and administer the permit or plan approval 
program. 
§ 49-112(B) 
When authorized by law, a county may adopt rules, ordinances or regulations in lieu of a 
state program that are as stringent as a provision of this title or rule adopted by the director 
or any board or commission authorized to adopt rules pursuant to this title if the county 
demonstrates that the cost of obtaining permits or other approvals from the county will 
approximately equal or be less than the fee or cost of obtaining similar permits or 
approvals under this title or any rule adopted pursuant to this title. If the state has not 
adopted a fee or tax for similar permits or approvals, the county may adopt a fee when 
authorized by law in the rule, ordinance or regulation that does not exceed the reasonable 
costs of the county to issue and administer that permit or plan approval program. 
MCAQD is in compliance with A.R.S. §§ 49-112(A) and (B). The proposed rule revision 
does not increase stringency of requirements as the rule itself is voluntary for the 
generation of nonroad engine emission reduction credits. Additionally, the Director of 
ADEQ has not adopted a nonroad engine emission reduction credit rule under the 
state’s regulations with which to compare the proposed rule revisions of Rule 204. 
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(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 
Notices of Stakeholder Workshop 
September 13, 2018 
June 28, 2019 
Notice of Board of Health Meeting 
February 8, 2019  
Notice of Proposed Rulemaking 
August 21, 2019  
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Notice of Board of Health Meeting  
October 14, 2019 
Notice of Public Hearing  
November 6, 2019 
Briefing Notification to County Manager 
April 9, 2024 
Notices of Stakeholder Workshop  
September 3, 2024 
July 9, 2025 
Notice of Proposed Rulemaking 
August 20, 2025 
(b) The following discussion addresses each of the elements required for a 
concise explanatory statement, as prescribed by A.R.S. § 49-471.07(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 change was made after the Notice of Proposed Rulemaking
was published on August 20, 2025:
Revised Section 301.2b, adding “Rule 230 (General Permits)”. The 
paragraph now reads as follows: 
“If the Control Officer determines the requested credits will result in real, 
quantifiable, federally enforceable, permanent, and surplus emission 
reductions, the generator shall submit an application with the Control 
Officer in accordance with the requirements of Rule 210 (Title V Permit 
Provisions), Rule 220 (Non-Title V Permit Provisions), or Rule 230 (General 
Permits) seeking either a permit revision or new permit to impose 
conditions to make the reductions in qualifying emissions permanent and 
enforceable.” 
ii. A summary of the comments and arguments for and against the notice and
the county’s response to the comments and arguments.
In accordance with the EROP Policy, MCAQD is posting this Board of
Supervisors Report as a continuation of the December 11, 2019, rule adoption
to address EPA and stakeholder feedback. No additional written comments
were received regarding the recent revisions made to address the feedback.
The Notice of Final Rulemaking for the December 11, 2019, adoption of this
rule contains information about written comments received and addressed at
that time.
Exact Wording of the Rule 
Note to reader:  Two versions of the rule are included below. The first version is a 
strikethrough/underline version showing the intended actions to make new sections or amend, 
repeal, or renumber the sections of the rule. The second version is a clean version without the 
strikethrough/underline included for readability purposes. 
Return to list of attachments
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MARICOPA COUNTY AIR POLLUTION CONTROL 
REGULATIONS REGULATION II – PERMITS AND FEES 
RULE 204 (EMISSION REDUCTION CREDIT (ERC) GENERATION, 
CERTIFICATION, AND USEOFFSETS GENERATED BY 
VOLUNTARY NONROAD ENGINE EMISSION REDUCTIONS) 
INDEX 
SECTION 100 – GENERAL 
101 
PURPOSE 
102 
APPLICABILITY 
103 
SECTION AND RULE CITATIONS 
SECTION 200 – DEFINITIONS 
201 
ACCOUNT HOLDERBASE OF OPERATIONS 
202 
ARIZONA EMISSIONS BANKBASE YEAR EMISSION INVENTORY 
203 
BASELINE EMISSIONS 
204 
CERTIFIED CREDITCAPTIVE FLEET 
205 
ELECTRIC STANDBY EQUIPPED TRUCREDIT USER 
206 
EMISSION REDUCTION CREDIT (ERC) 
207 
ENFORCEABLE 
208 
ENGINE TYPE 
209 
IDLE REDUCTION TECHNOLOGYGENERATOR 
210 
LONG DURATION IDLINGHISTORIC HOURS OF OPERATION (HHO) 
211 
OFFSET-CREATION RULELOAD SHIFTING 
212 
NERC CERTIFICATE 
213 
ONSITE EQUIPMENTNONATTAINMENT AREA 
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214 
NONROAD ENGINE EMISSION REDUCTION CREDIT 
215 
PERMITTED GENERATORNONROAD ENGINE OR NONROAD INTERNAL 
COMBUSTION ENGINE 
216 
PLAN GENERATOROFFSETS 
217 
PRIVATE TRUCK STOPORIGINAL ENGINE 
218 
PERMANENT 
219 
QUALIFYING EMISSIONS 
220 
QUANTIFIABLE 
221 
REGULATORY GENERATORREAL 
222 
REPLACEMENT OR REPLACED ENGINE 
223 
TRANSPORT REFRIGERATION UNIT (TRU)RETROFIT OR RETROFITTED 
ENGINE 
224 
TRUCK STOP ELECTRIFICATION (TSE)SURPLUS 
SECTION 300 – STANDARDS 
301 
CERTIFICATION OF CREDITS FORQUALIFIED EMISSION REDUCTIONS BY A 
PERMITTED GENERATOR 
302 
CERTIFICATION OF CREDITS FOR EMISSION REDUCTIONS BY A 
REGULATORY GENERATOR NERC GENERATION 
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 CREDITSNERC CERTIFICATES 
SECTION 400 – ADMINISTRATIVE REQUIREMENTS 
401 
OFFSET INTEGRITY RESPONSIBILITIES 
402 
ENFORCEMENT AUTHORITY 
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SECTION 500 – MONITORING AND RECORDS 
501 
RECORDKEEPING AND RECORDS RETENTION 
502 
INSPECTIONS 
503 
TRUCK STOP ELECTRIFICATION (TSE)NERC GENERATION MONITORING 
504 
TRANSPORT REFRIGERATION UNIT (TRU) RECORDS NERC GENERATION 
RECORDS 
505 
ONSITE EQUIPMENT RECORDSCOMPLIANCE DEMONSTRATION 
APPENDICESAPPENDIX TO RULE 204 
APPENDIX A: CALCULATIONS FOR DETERMINING EMISSION REDUCTIONS FROM 
EACH ELECTRIFIED TRUCK SPACENONROAD ENGINE 
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 
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Adopted 05/07/2003; Revised 12/11/2019; Revised xx/xx/xxxx 
MARICOPA COUNTY
 AIR POLLUTION CONTROL REGULATIONS 
REGULATION II - PERMITS AND FEES 
RULE 204(EMISSION REDUCTION CREDIT (ERC) 
GENERATION, CERTIFICATION, AND USEOFFSETS 
GENERATED BY VOLUNTARY NONROAD ENGINE 
EMISSION REDUCTIONS)
SECTION 100 – GENERAL 
101 
PURPOSE: To facilitate the creation and trading of nonroad engine emission 
reduction credits (ERCsNERCs) for use as offsets by stationary sources under Rule 
240 (Federal Major New Source Review (NSR)) by providing a process for: 
101.1 Creating emission reduction credits for Generating NERCs from qualifying 
nitrogen oxides (NOx) or volatile organic compound (VOC) emissions 
reductions achieved by permitted generators and regulatory generators. 
101.2 Certifying creditsqualifying emission reductions as meeting offset 
requirements in advance of the certified credits’ use for that purposeprior to 
issuance of a NERC certificate. 
101.3 Registering certified credits in the Arizona Emissions Bank.Issuance of NERC 
certificates, including the requirements for NERC generators and NERC users. 
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: The provisions of this rule shall apply to the following persons and 
entities: 
102.1 A permitted generator. 
102.2 A plan generator. 
102.3 A regulatory generator. 
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102.4 The owner or operator of a permittedcaptive fleet of nonroad engines who 
holds or intends to obtain a Maricopa County Air Quality Department 
(MCAQD) stationary source that intends to use certified credits as 
offsets.permit (generator permit) and has achieved, or will achieve, reductions 
in qualifying emissions in compliance with this rule.  
102.2 The owner or operator of any new major stationary source or major 
modification to an existing major stationary source that intends to use NERCs 
as offsets to obtain or revise a MCAQD stationary source permit (credit user 
permit). 
103 
SECTION AND RULE CITATIONS: All section citations refer to sections within this 
rule unless otherwise specified and all rule citations refer to rules within the Maricopa 
County Air Pollution Control Regulations unless otherwise specified. 
SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions
shall apply in addition to those definitions found in Rule 100 (General Provisions and 
Definitions) of these rulesand Rule 203 (Emission Reduction Credit (ERC) General 
Requirements). In the event of any inconsistency between any of the Maricopa County Air 
Pollution Control Regulations, the definitions in this rule take precedence. 
201 
ACCOUNT HOLDER: Any person or entity who has opened an account with the 
Arizona Emissions Bank. 
BASE OF OPERATIONS: A location within the nonattainment area where the 
nonroad engines are stored, managed, maintained, or utilized on a regular or 
permanent basis. 
202 
ARIZONA EMISSIONS BANK: The system created by the Arizona Department of 
Environmental Quality (ADEQ) to record and make publicly available information on 
the issuance, certification, transfer, retirement, and use of emission reduction credits. 
BASE YEAR EMISSION INVENTORY: The base year emission inventory used in the 
most recent ozone plan that is used for required attainment plan demonstrations. 
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.The emissions an original engine has actually 
emitted, as determined in Section A of Appendix A. 
204 
CERTIFIED CREDIT: An ERC that has met the criteria in this rule for certification and 
has been issued by the Maricopa County Air Quality Department (MCAQD). 
CAPTIVE FLEET: A fleet of nonroad engine(s) that meets all of the following: 
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204.1 The nonroad engines are identifiable, as specified in Section 504.2; 
204.2 The hours of operation can be tracked and recorded using a nonresettable 
hour meter;  
204.3 Have the same base of operations; and 
204.4 Can serve as a permanent source of emission reductions when a nonroad 
engine is replaced or retrofitted.  
204.5 All nonroad engines are under the control of the same owner or operator. 
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. 
CREDIT USER: The applicant for a stationary source permit or permit revision (credit 
user permit) that intends to use NERCs as offsets for compliance with federal New 
Source Review requirements pursuant to Rule 240. 
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. MCAQD issues ERCs for nonroad engines 
as NERCs. 
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 
ENGINE TYPE: A type of nonroad engine, including but not limited to construction, 
airport equipment, and railyard switcher. 
209 
IDLE REDUCTION TECHNOLOGY: A technology or device that reduces the need for 
long duration idling. 
GENERATOR: Any permitted source The owner or other activityoperator of a captive 
fleet of nonroad engines that has obtained, or intends to obtain, a generator permit 
that has made, or proposes to make, reductions in qualifying emissions. 
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 
HISTORIC HOURS OF OPERATION (HHO): The annual average hours of operation 
from the project’s original engines that make up the captive fleet. The annual average 
hours of operation shall be based on the annual actual hours of operation that 
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occurred within the nonattainment area, from the two preceding calendars years, or 
two calendar years more representative of normal operations within the five-year 
period immediately before the reduction in qualifying emissions occurs. 
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. 
LOAD SHIFTING: Shifting of activity, measured in hours of operation of a replaced or 
retrofitted nonroad engine for which a NERC certificate has been issued, to a higher 
emitting nonroad engine. 
212 
NERC CERTIFICATE: A document that certifies the issuance of NERCs by MCAQD in 
accordance with this rule, and includes the information specified in Section 301.3 
b.(2). 
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. 
NONROAD ENGINE EMISSION REDUCTION CREDIT (NERC): An ERC generated from 
captive fleet nonroad engines. NERCs have no property rights associated with them. 
214 
NONATTAINMENT AREA: The Phoenix-Mesa ozone nonattainment area as defined 
in 40 CFR 81.303 for any ozone National Ambient Air Quality Standard. 
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. 
NONROAD ENGINE OR NONROAD INTERNAL COMBUSTION ENGINE: 
215.1 An engine that is (or will be) used in or on a piece of equipment that is self-
propelled or serves a dual purpose by both propelling itself and performing 
another function (such as garden tractors, off-highway mobile cranes, and 
bulldozers); or  
215.2 An engine that is (or will be) used in or on a piece of equipment that is 
intended to be propelled while performing its function (such as lawnmowers 
and string trimmers); or 
215.3 An engine, that, by itself or in or on a piece of equipment, is portable or 
transportable, meaning designed to be and capable of being carried or moved 
from one location to another. Indicia of transportability include but are not 
limited to, wheels, skids, carrying handles, dollies, trailers, or platforms.  
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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). 
OFFSETS: Reductions in actual emissions required under Rule 240 (Federal Major 
New Source Review (NSR)) of these rules. 
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. 
ORIGINAL ENGINE: A captive fleet nonroad engine that has been, or will be, replaced 
or retrofitted, to generate qualifying emission reductions. 
218 
PERMANENT: Reductions in qualifying emissions that are enforceable and enduring 
for the duration of federal major new source review obligations. For the purposes of 
this rule, an actual reduction in qualifying emissions that endure for at least 20 years 
after the NERC certificate is issued. 
219 
QUALIFYING EMISSIONS: Emissions of any conventional air pollutant, other than 
elemental lead,NOx or any precursor of a conventional air pollutantVOC emissions 
which are included in the base year emission inventory, from any activitynonroad 
engine when generatedemitted within the Maricopa County nonattainment area 
associated with the conventional air pollutant. 
220 
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 practicesFor the purposes of this rule, 
quantification shall be based on the baseline pollutant emission factor, the 
replacement or retrofit engine emissions, and the HHO and rated horsepower from 
the original engine. 
221 
REGULATORY GENERATOR: A generator that has achieved reductions in qualifying 
emissions by compliance with an offset-creation rule. 
REAL: A reduction in actual emissions previously released to the air resulting from a 
physical change or change to the method of operationsoperation by a generator. 
222 
REPLACEMENT OR REPLACED ENGINE: A nonroad engine that has, or will replace, 
an original engine, used to generate qualified emission reductions, that is certified to 
the applicable federal emission standard. 
223 
TRANSPORT REFRIGERATION UNIT (TRU): A refrigeration system powered by an 
integral, internal combustion engine designed to control the environment of 
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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. 
RETROFIT OR RETROFITTED ENGINE: An original engine that has, or will have, an 
alteration, that allows the engine to operate on a fuel or power source different from 
the fuel or power source for which the engine was originally certified. 
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. 
SURPLUS: A reduction in qualifying emissions notbelow the emission limitations and 
standards used to comply with any otherwise required by a federally applicable 
requirement and requirements, including a required attainment plan, provided that 
the reduction is not relied upon to meet any requirements in the State 
Implementation Plan (SIP). 
SECTION 300 – STANDARDS 
301 
CERTIFICATION OF CREDITS FORQUALIFIED 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; 
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(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 
(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. 
301.1 NERC Application: 
a. An application to obtain NERCs shall be submitted to the Control Officer
on the form prescribed by the MCAQD and shall include: 
(1) Information on the identity, ownership, and location of the generator; 
(2) An inventory of the captive fleet. The inventory shall include all 
information specified in Section 504.2, for which a replaced or 
retrofitted nonroad engine resulted, or will result, in reductions in 
qualifying emissions; 
(3) A description of how the reductions in qualifying emissions shall be, or 
will result in, permanent and surplus reductions; 
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(4) Information on the methodology for quantifying the surplus reductions 
in qualifying emissions for each pollutant subject to the application, 
including the following: 
(a) Emissions calculations, 
(b) Documentation of rated horsepower and HHO, and how these 
quantities were determined; 
(5) Information on the proper removal or disposal of original engines if the 
reductions in qualifying emissions were accomplished, or will be 
accomplished, through nonroad engine replacement; 
(6) Information on the retrofit conversion process used, or to be used, if 
the reductions in qualifying emissions will be accomplished through 
nonroad engine retrofit; 
(7) Other information or records necessary to verify that the reductions in 
qualifying emissions qualify as permanent, quantifiable, surplus, 
federally enforceable, and real; 
(8) The actual date or anticipated date the reductions in qualifying 
emissions, occurred, or will occur, as applicable; and 
(9) A certified statement by a responsible official, as defined in Rule 100, 
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 
NERCs and: 
a. Evaluate whether the proposed qualifying emission reductions will result
in real, quantifiable, federally enforceable, permanent, and surplus 
emission reductions and determine whether the NERCs meet the 
requirements of Section 302 for generating NERCs. 
b. If the Control Officer determines the requested credits will result in real,
quantifiable, federally enforceable, permanent, and surplus emission 
reductions, the generator shall submit an application with the Control 
Officer in accordance with the requirements of Rule 210 (Title V Permit 
Provisions), Rule 220 (Non-Title V Permit Provisions), or Rule 230 (General 
Permits) seeking either a permit revision or new permit to impose 
conditions to make the reductions in qualifying emissions permanent and 
enforceable. 
301.3 Generator Permit and NERC Certificate: The Control Officer, upon completion 
of evaluation of the applications filed under Section 301.2, shall perform the 
following: 
a. Public Participation: For all proposed actions to issue NERCs of 25 tons or
greater according to this rule, provide public participation on the Control 
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Officer’s proposed determination to issue NERCs and a generator permit 
or permit revision, per the provisions in Section 407 of Rule 220. The 
proposed determination shall include the proposed generator permit or 
permit revision and the Control Officer’s underlying analysis for proposing 
to certify the NERCs. 
b. Upon completion of Section 301.3 a. when applicable, and for all other
proposed actions to issue NERCs, if the Control Officer determines the 
requested credits meet the requirements of Section 301.2 a. and should 
be certified, then the Control Officer shall: 
(1) Issue either a generator permit or permit revision that incorporates the 
applicable requirements of this rule, and any other necessary 
requirements to make the reductions in qualifying emissions 
permanent and federally enforceable. The generator permit or permit 
revision shall include the following: 
(a) The rated horsepower and quantity of hours of operation from the 
original engine that occurred in the nonattainment area used to 
determine the number of NERCs issued;  
(b)  The qualifying emission reduction emission factor for each engine 
type and engine model year in the fleet in grams/hp-hr, as 
calculated pursuant to Section D of Appendix A; and 
(c) The date by which the qualifying emission reductions are required 
to be implemented. 
(2) Issue a NERC certificate for the total tonnage of NERCs, as rounded 
down to the nearest one tenth (1/10) of a ton, per year of reduction. 
The NERC certificate shall include the following information: NERC 
certificate number, date of issuance, name and address of the 
generator, description of activity that resulted in the qualified emission 
reductions, and the number of NERCs issued. The NERC certificate 
shall specify that the credits were certified under this rule and whether 
the reductions in qualifying emissions have been implemented or the 
date by which the reductions are required to be implemented. In 
addition, the certificate shall include the following: 
(a) The rated horsepower and quantity of hours of operation from the 
original engine that occurred in the nonattainment area used to 
determine the number of NERCs issued;  
(b) The qualifying emission reduction emission factor for each engine 
type and engine model year in the fleet in grams/hp-hr, as 
calculated pursuant to Section D of Appendix A; 
(c) A statement that the new stationary source relying on the 
emissions offsets from a NERC may not commence operation until 
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the emissions reductions corresponding to that NERC have actually 
occurred; and 
(d) A statement that the NERC does not provide any property rights. 
c. If the Control Officer determines that none of the requested NERCs should
be certified, then the applicant will be notified, and no credits will be issued 
and neither a generator permit, nor permit revision, will be issued. 
301.4 Registration of NERCs in the Arizona Emissions Bank: A NERC Certificate 
(Certified credits) may be registered in the Arizona Emissions Bank but 
registration is not required. See Rule 203 for procedures regarding registration 
of NERCs in the Arizona Emissions Bank. 
302 
CERTIFICATION OF CREDITS FOR EMISSION REDUCTIONS BY REGULATORY 
GENERATOR: NERC GENERATION: A generator that plans to replace or retrofit all or 
part of their captive fleet to generate qualifying emission reductions. 
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. 
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302.1 May apply for issuance of NERCs by meeting the following requirements: 
a. Location: Demonstrate that the captive fleet of nonroad engines used to
generate NERCs are based and operated within the nonattainment area. 
NERCs may only be granted for those reductions generated while 
operating in the nonattainment area. An original engine’s operation inside 
the nonattainment area must be quantifiable. 
b. Quantification of Baseline Emissions: The generator shall quantify baseline
emissions for each original engine that will be replaced or retrofitted 
following the calculation methodology in Appendix A. 
c. Quantification of Emission Reductions:
(1) The generator shall quantify the post project emissions using the 
calculation methodology specified in Appendix A. 
(2) Calculations shall only include surplus and permanent reductions and 
shall not include emission reductions created or used under any other 
emissions trading program, emission reductions used to satisfy the 
SIP including any emissions reductions pursuant to a federal consent 
decree, or state and local settlements. 
d. Alternative Calculation Methodology: A generator may use an alternative
calculation methodology to quantify emission reductions upon approval 
from the Control Officer and the Administrator. All alternative calculation 
methodologies shall be submitted to the Administrator after completion of 
the public participation process in Section 301.3 a., and shall include any 
public comments received and the Control Officer’s response to the public 
comments. The Administrator shall be provided 60 calendar days to 
review the submittal. Written approval from the Administrator must be 
obtained prior to using an alternative calculation methodology.  
302.2 Shall comply with all of the following operating, monitoring, removal/disposal, 
recordkeeping, and maintenance requirements: 
a. Operation and Maintenance: All replacement or retrofit engines shall be
operated and maintained in accordance with the manufacturer’s written 
instructions or the maintenance schedule provided by the manufacturer’s 
authorized service provider. 
b. Monitoring of Nonroad Engine Use:
(1) The generator shall install and maintain a non-resettable hour meter on
all replacement or retrofitted engines prior to the date of issuance of 
NERCs or the date by which the qualifying emission reductions are 
required to be implemented, as applicable. 
(2)  The generator shall monitor and record the monthly operating hours at 
each location within the nonattainment area for each replaced or 
retrofitted engine for which a NERC certificate is issued. 
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(3) Full Replacement and/or Retrofit Engine Type Monitoring Exemption: 
A generator may be exempt from compliance with Sections 302.2 b.(1) 
and (2) if the generator has replaced or retrofitted the entire engine 
type of the captive fleet for which a NERC certificate is issued and the 
fleet operates at only one location within the nonattainment area. The 
generator must submit to the Control Officer for approval 
documentation demonstrating the entire engine type of nonroad 
engines have been replaced or retrofitted per Section 302.2 d. 
(a) For continued compliance with this exemption, the generator shall 
not add and operate any engine that is not equal to or more 
stringent than the post project pollutant emission factor of the 
replacement or retrofit engines. 
(b) If the generator adds and operates any engine with a pollutant 
emission factor that is greater than the post project pollutant 
emission factor, then the generator must comply with Sections 
302.2 b.(1) and (2). 
c. Monitoring of Nonroad Engine Location
(1) The generator shall monitor and record the operating locations for 
each replaced or retrofitted engine for which a NERC certificate is 
issued, as required by Sections 504.3 and 504.4.   
(2) Location Monitoring Exemption: A generator may be exempt from 
compliance with Section 302.2 c.(1) if the generator operates the 
captive fleet at only one location within the nonattainment area. The 
generator must submit to the Control Officer for approval 
documentation demonstrating the captive fleet of nonroad engines 
operates only at one location.   
d. Removal/Disposal of Replaced Nonroad Engine Type: The generator shall
remove or dispose of all original engines for which a NERC was issued. 
Removal shall consist of permanently removing all original engines from 
the nonattainment area. Disposal shall consist of rendering the original 
engines permanently disabled and disposed of in a manner that complies 
with all applicable local, state, and federal laws. The generator shall 
maintain documentation demonstrating proper removal or disposal of all 
original engines. To demonstrate an original engine was properly removed 
from the nonattainment area, the documentation shall include a bill of 
sale, engine registration, or other transfer documentation demonstrating 
the removal of the engine.  
e. Subsequent Nonroad Engine Replacement: The replacement or retrofitted
engines that were used to obtain NERCs shall only be subsequently 
replaced with engines having an equal or more stringent post project 
pollutant emission factor, as described in Section B.4. of Appendix A. This 
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requirement shall continue for 20 years from the issuance date of the 
NERC certificate. 
f. Nonroad Engine Retrofit: Retrofit engines used for generating NERCs shall
be permanent and continue to generate reductions as issued in the NERC 
certificate. 
g. Timing: The generator shall demonstrate that the engine replacements or
retrofits, and removal/disposal of original engines, occurred prior to either: 
(1) The application for NERCs; or 
(2) The enforceable date established in the generator permit or permit 
revision required by Section 301.3 b.(1)(c) that specifies the date by 
which reductions in qualifying emissions must be implemented. 
h. Monitoring and Recordkeeping: Upon issuance of a generator permit or
permit revision under this rule, a generator is responsible for creating and 
maintaining records from their captive fleet monitoring as required in: 
(1) Section 501 (Recordkeeping and Records Retention); 
(2) Section 502 (Inspections); 
(3) Section 503 (NERC Generation Monitoring); 
(4) Section 504 (NERC Generation Records); and 
(5) Section 505 (Compliance Demonstration). 
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: USE OF THE NERC CERTIFICATES 
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: 
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(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. 
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. 
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(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. 
303.1 General Use Requirements: See Rule 203 for procedures regarding the use of 
NERCs as offsets to comply with the NSR requirements of Rule 240. 
303.2 Review of NERC Integrity: Prior to issuing a credit user permit, the Control 
Officer shall verify that the NERCs issued in the surrendered NERC certificate 
remain surplus (as defined in this rule) as of the date of permit issuance, and 
shall revise the NERC certificate amount if necessary to maintain surplus 
integrity. Any NERC certificate proposed to be used where the reductions in 
qualifying emissions were not implemented at the time of NERC application 
shall only be used if the NERC certificate states that the emission reductions 
will be implemented on a date prior to the date the credit user plans to 
commence operation of the new source or modification. 
303.3 Credit User Commencement of Operation: The credit user shall not 
commence operation of their permitted new source or modification until the 
generator has demonstrated compliance with Section 401.1. 
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). 
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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. 
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). 
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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, 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. 
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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.
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: 
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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. 
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(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 
(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 
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: 
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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. 
(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. 
401 
OFFSET INTEGRITY RESPONSIBILITIES: 
401.1 Generator Implementation Notification: The generator shall provide written 
notification to the Control Officer and credit user within 48 hours of 
completing implementation of the qualifying emission reductions for which a 
NERC certificate was issued under this rule, and provide documentation 
demonstrating compliance with Sections 302.2 b., 302.2 c., 302.2 d., 302.2 f., 
and 302.2 g.(2), as applicable. 
401.2 Generator Monthly Hours of Operation Review Requirements: For each 
calendar month, the generator shall review the 12-month rolling hours of 
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operation as calculated in Section 505 to determine if the 12-month rolling 
hours of operation achieved by the generator equals, or exceeds the quantity 
of hours of operation specified in their NERC certificate.  
a. If the 12-month rolling hours of operation achieved by the generator is
equal to or greater than the quantity of hours of operation specified in their 
NERC certificate, the generator shall record the results pursuant to Section 
505. No further action is required.  
b. If the 12-month rolling hours of operation achieved by the generator is less
than the quantity of hours of operation specified in their NERC certificate, 
the generator shall:  
(1) Provide a copy of the data to the Control Officer within five business 
days of the date of discovery showing the total 12-month rolling hours 
of operation achieved; and  
(2) Comply with one of the following: 
(a) Demonstration of Continued Compliance: The generator shall 
provide a demonstration to the Control Officer for approval within 
30 calendar days of the hours of operation shortfall date of 
discovery to show that the lower hours of operation was not a 
result of load shifting and the integrity of the NERCs continue. If the 
demonstration is approved by the Control Officer no further action 
is required. If the demonstration does not receive approval, the 
generator shall notify the credit user, as described in Section 401.2 
b.(2)(b). 
(b) Credit User Notification: The generator shall notify the credit user 
of the hours of operation shortfall within five business days of the 
date of discovery or within five business days of receiving a 
disapproval of the demonstration of continued compliance from 
the Control Officer. The credit user shall conduct the hours of 
operation shortfall evaluation as described in Section 401.3. 
401.3 Credit User HHO Shortfall Evaluation 
a. If the credit user is notified by a generator, pursuant to Section 401.2
b.(2)(b), that their 12-month rolling hours of operation is less than the 
quantity of hours of operation specified in the corresponding NERC 
certificate relied upon for NSR permit issuance, then the credit user shall 
satisfy the requirements of Section 401.3 b.  
b. Conduct the following calculations and analysis:
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(1) Calculate the Emission Reduction Shortfall (ERS) by subtracting the 
hours of operation achieved, as reported by the generator pursuant to 
Section 401.2 b., from the hours of operation required in the NERC 
certificate, and multiplying the difference by the applicable rated 
horsepower and qualifying Emission Reduction Emission Factor 
(EREF) specified in the NERC certificate. Lastly, divide this by 
907,184.74 to convert the ERS from grams to tons. Where: ERS in 
tons/year = [(required hours of operation - achieved hours of 
operation) x rated horsepower x EREF (in grams/hp-hr)]/907,184.74. 
(2) If the calculated ERS in Section 401.3 b.(1) is less than 10% of the total 
NERCs issued by MCAQD to the generator under Section 301.3 b.(2), 
then the credit user or generator shall submit an action plan to the 
Control Officer for approval within 15 business days of notification by 
the generator describing how the offset emissions shortfall will be 
remedied no later than three calendar months after the calendar 
month that the hours of operation shortfall occurred. This may include 
documentation demonstrating the credit user’s actual emissions for 
the specific NSR permit issuance that relied on NERCs are still 
sufficiently offset despite the hours of operation shortfall. A credit user 
or generator that is required to submit a plan by this section must fully 
comply with the plan, which has been submitted but not yet been 
approved, unless notified otherwise by the Control Officer in writing. 
The Control Officer shall provide approval or disapproval of the action 
plan to the credit user or generator within 10 business days of receipt. 
(3) If the calculated ERS in Section 401.3 b.(1) is 10% or higher of the total 
NERCs issued by MCAQD to the under Section 301.3 b.(2), or MCAQD 
does not receive an action plan to comply paragraph (2) of this section, 
or MCAQD does not approve the action plan submitted pursuant to 
paragraph (2) of this section, then the credit user shall submit a permit 
application within 90 calendar days of notification by the Control 
Officer that provides an equivalent quantity of reductions as the ERS 
determined under Section 401.3 b.(1). This may be accomplished by 
any combination of the following: 
(a) Permanently reducing emissions by revising existing permit 
emission or throughput limits; or 
(b) Providing valid ERCs or NERCs in a quantity equivalent to the ERS 
determined under Section 401.3 b.(1). 
(4) A credit user that operates without adequate offsets is in violation of 
these rules. 
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402 
ENFORCEMENT AUTHORITY: Nothing herein restricts independent enforcement 
authorities under the Clean Air Act by other parties. 
SECTION 500 – MONITORING AND RECORDS 
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 to the Control Officer no later than five business days upon 
verbal or written request and by the Control Officer. 
501.3 Unless otherwise specified, maintained for five years after the record is 
created. 
501.4 Maintained without delay to the owner or operator of the permitted source 
utilizing the certified credits andfalsification. 
501.5 Made available to the Control Officer or his designeeupon written request by 
members of the public using the County’s public records request process. 
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. 
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. 
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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. 
NERC GENERATION MONITORING: The generator shall monitor parameters used to 
quantify NERCs beginning no later than issuance of the NERC certificate or the 
enforceable date established in the generator permit or permit revision required by 
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Section 301.3 b.(1). At a minimum, the generator shall monitor the following for each 
replaced or retrofitted engine used for obtaining a NERC certificate: 
503.1 Hours of operation within nonattainment area as determined by the 
nonresettable hour meter or Control Officer approved documentation 
demonstrating the entire engine type of nonroad engines have been replaced 
or retrofitted per Section 302.2 b.(3); 
503.2 Any other parameter used to make the NERCs quantifiable, such as idling 
speed, idling emissions, or fuel use rate. 
503.3  Location of operation within the nonattainment area by maintaining Operation 
Move Records. 
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. 
(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. 
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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. 
NERC GENERATION RECORDS: A generator shall maintain the following records for 
each replacement or retrofitted engine for which a NERC certificate was issued: 
504.1 NERC Documentation: All records submitted with the application, 
documentation that the original engine was properly removed and/or 
destroyed, as required by Section 302.2 d., and documentation demonstrating 
the rated horsepower and HHO for each original engine that occurred within 
the nonattainment area. These records shall be maintained for at least five 
years after the use of the NERCs to obtain a NSR permit, regardless of any 
defenses under any federal or state statute of limitations. 
504.2 Replaced or Retrofitted Engine Inventory Records: A detailed inventory of 
each replaced or retrofitted engine used to generate NERCs shall include all of 
the following information and shall be reviewed and updated on a monthly 
basis: 
a. For each replaced or retrofitted engine:
(1) The engine manufacturer. 
(2) The model number. 
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(3) The serial number. 
(4) The model year. 
(5) The engine type. 
(6) The fuel type. 
(7) A description of the equipment. 
b. The date each replaced or retrofitted engine was:
(1) Added to the inventory and began operation. 
(2) Removed from the inventory. 
c. After the initial project, for each nonroad engine added to the inventory:
(1) Identify the nonroad engine removed in its place. 
(2) The generator must document that the replacement engine’s pollutant 
emission factor is equivalent or lower than the nonroad engine used to 
generate NERCs. 
504.3  Operational Records: The following operational records shall be maintained 
on a monthly basis upon issuance of the NERC certificate or when the 
generator notifies the Control Officer that the project has been completed, as 
applicable: 
a. A description of all maintenance and repair activities, current nonroad
engine hours of operation, date the activity occurred, and any corrective 
actions performed. 
b. The calendar month hours of operation that occurred at each location
within the nonattainment area for each nonroad engine as recorded by the 
nonresettable hour meter or Control Officer approved documentation 
demonstrating the entire engine type of nonroad engines have been 
replaced or retrofitted per Section 302.2 b.(3). 
c. Summary of any other monitoring required by Section 503.
504.4 Operation Move Records: The following move records shall be maintained on 
a monthly basis upon issuance of the NERC certificate or when the generator 
notifies the Control Officer that the project has been completed, for the 
captive fleet of nonroad engines: 
a. A description of the present location;
b. A description of the location to which the captive fleet of nonroad engines
is to be transported; 
c. The date on which the captive fleet of nonroad engines is to be moved;
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d. The date on which operation of the captive fleet of nonroad engines will
begin at the new location; 
e. The duration of operation at the new location.
504.5 Annual Report: The generator shall submit an annual report to the Control 
Officer summarizing the captive fleet’s operation and compliance with 
Section 302.2 b. for the previous calendar year, within 60 calendar days after 
December 31 of each calendar year. The report shall include the following: a 
statement attesting that any replaced original engine is not a part of any other 
captive fleet owned or operated by the generator within the nonattainment 
area and how this was verified, the current captive fleet inventory as specified 
by Section 504.2, the rated horsepower and hours of operation by the fleet of 
nonroad engines used to generate NERCs within the nonattainment area 
during the previous calendar year. Additionally,  any generator that operates 
under the full replacement and/or retrofit engine type monitoring exemption in 
Section 302.2 b.(3) must provide a statement attesting that no additional 
nonroad engines of that engine type, with a pollutant emission factor greater 
than the post project emission factor provided on the NERC certificate, have 
been added to the captive fleet. 
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. 
(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. 
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(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. 
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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 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. 
COMPLIANCE DEMONSTRATION: Within 30 calendar days of the end of each 
month, the generator shall: 
505.1 Record the hours of operation within the nonattainment area for each 
replacement or retrofitted engine during the preceding month and record the 
hours of operation sum for all replacement or retrofitted engines. 
505.2 Calculate and record the 12-month rolling total of hours of operation within the 
nonattainment area.
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APPENDIX A 
CALCULATIONS FOR DETERMINING EMISSION REDUCTIONS FROM 
EACH ELECTRIFIED TRUCK SPACENONROAD ENGINE 
A. 
Baseline Emissions = Annual Utilization(g/year) = Rated HP ×  HHO (hrs) × Truck 
Idling/year) × Baseline Pollutant Emission Factor (g/hp-hr) 
1. Where g is grams of pollutant, hp is horsepower, and hr is hour or hours.
2. The truck idling pollutant emissions factorRated HP is the Model Year 2007
emission rate or the most recentoriginal engine power rating as certified by
the manufacturer in meeting the currently 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. 
3. Where HHO as defined in Section 210.
4. Where the Baseline Pollutant Emission Factor is determined as outlined
below: 
a. If the load-based manufacturer’s emission factor is available, then it shall
be used as the baseline pollutant emission factor. The load used to 
determine the appropriate load-based manufacturer’s emission factor 
shall be based on supporting documentation if available and approved by 
the Control Officer. Documentation can include, but is not limited to, EPA 
guidance, continuous monitoring data, run time data, or fuel consumption 
records. The baseline pollutant emission factor shall be the emission rate 
of the original engine at 100% load if supporting documentation is not 
available or not approved by the control officer; 
b. If the load-based manufacturer’s emission factor is not available, then the
EPA-certified emission factor shall be used as the baseline pollutant 
emission factor; or 
c. If the EPA-certified emission factor is not available, then the emission
factor allowed by the county, state, or federal standard applicable to the
original engine at the time of the NERC application under this rule shall be
used.
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5. The above calculations yield gmg/year. To obtain tons/yryear, 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.Post project 
emissions (g/year) = Rated HP × HHO (hrs/year) × Post Project Pollutant 
Emission Factor (g/hp-hr)  
1. Where g is grams of pollutant, hp is horsepower, and hr is hour or hours.
2. Rated HP is the original engine power rating as certified by the manufacturer
in meeting the currently applicable federal standard. 
3. Where HHO as defined in Section 210.
4. Where the Post Project Pollutant Emission Factor is determined as outlined
below: 
a. If the load-based manufacturer’s emission factor is available, then it shall
be used as the post project pollutant emission factor. The load used to 
determine the appropriate load-based manufacturer’s emission factor 
shall be based on supporting documentation if available and approved by 
the Control Officer. Documentation can include, but is not limited to, EPA 
guidance, continuous monitoring data, run time data, or fuel consumption 
records. The post project pollutant emission factor shall be the emission 
rate of the original engine at 100% load if supporting documentation is not 
available or not approved by the control officer; 
b. If the load-based manufacturer’s emission factor is not available, then the
EPA-certified emission factor shall be used as the post project pollutant 
emission factor; or 
c. If the EPA-certified emission factor is not available, then the emission
factor allowed by the county, state, or federal standard applicable to the
replacement or retrofit engine at the time of the NERC application under
this rule shall be used as the post project pollutant emission factor.
5. The above calculations yield g/year. To obtain tons/year, the regulatory
quantity, multiply by 1.1 x 10-6. 
C. 
The amount of eligible emission reduction credits for each electrified truck 
spacenonroad engine is determined by subtracting post project emissions from 
baseline emissions. 
D. 
The qualifying emission reduction emission factor for each engine type and engine 
model year in the fleet is calculated by subtracting the Post Project Pollutant 
Emissions Factor from the Baseline Pollutant Emissions Factor, g/hp-hr. 
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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.
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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. 
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MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS 
REGULATION II – PERMITS AND FEES 
RULE 204 (EMISSION OFFSETS GENERATED BY VOLUNTARY 
NONROAD ENGINE EMISSION REDUCTIONS) 
INDEX 
SECTION 100 – GENERAL 
101 
PURPOSE 
102 
APPLICABILITY 
103 
SECTION AND RULE CITATIONS 
SECTION 200 – DEFINITIONS 
201 
BASE OF OPERATIONS 
202 
BASE YEAR EMISSION INVENTORY 
203 
BASELINE EMISSIONS 
204 
CAPTIVE FLEET 
205 
CREDIT USER 
206 
EMISSION REDUCTION CREDIT (ERC) 
207 
ENFORCEABLE 
208 
ENGINE TYPE 
209 
GENERATOR 
210 
HISTORIC HOURS OF OPERATION (HHO) 
211 
LOAD SHIFTING 
212 
NERC CERTIFICATE 
213 
NONATTAINMENT AREA 
214 
NONROAD ENGINE EMISISON REDUCTION CREDIT (NERC) 
215 
NONROAD ENGINE OR NONROAD INTERNAL COMBUSTION ENGINE 
Return to list of attachments
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216 
OFFSETS 
217 
ORIGINAL ENGINE 
218 
PERMANENT 
219 
QUALIFYING EMISSIONS 
220 
QUANTIFIABLE 
221 
REAL 
222 
REPLACEMENT OR REPLACED ENGINE 
223 
RETROFIT OR RETROFITTED ENGINE 
224 
SURPLUS 
SECTION 300 – STANDARDS 
301 
CERTIFICATION OF QUALIFIED EMISSION REDUCTIONS 
302 
NERC GENERATION 
303 
USE OF THE NERC CERTIFICATES 
SECTION 400 – ADMINISTRATIVE REQUIREMENTS 
401 
OFFSET INTEGRITY RESPONSIBILITIES 
402 
ENFORCEMENT AUTHORITY 
SECTION 500 – MONITORING AND RECORDS 
501 
RECORDKEEPING AND RECORDS RETENTION 
502 
INSPECTIONS 
503 
NERC GENERATION MONITORING 
504 
NERC GENERATION RECORDS 
505 
COMPLIANCE DEMONSTRATION 
APPENDIX TO RULE 204 
APPENDIX A: CALCULATIONS FOR DETERMINING EMISSION REDUCTIONS FROM EACH 
NONROAD ENGINE 
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Adopted 05/07/2003; Revised 12/11/2019; Revised xx/xx/xxxx 
MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS 
REGULATION II - PERMITS AND FEES 
RULE 204 (EMISSION OFFSETS GENERATED BY VOLUNTARY 
NONROAD ENGINE EMISSION REDUCTIONS) 
SECTION 100 – GENERAL 
101 
PURPOSE: To facilitate the creation and trading of nonroad engine emission reduction 
credits (NERCs) for use as offsets by stationary sources under Rule 240 (Federal Major New 
Source Review (NSR)) by providing a process for: 
101.1 Generating NERCs from qualifying nitrogen oxides (NOx) or volatile organic 
compound (VOC) emissions reductions achieved by generators. 
101.2 Certifying qualifying emission reductions as meeting offset requirements prior to 
issuance of a NERC certificate. 
101.3 Issuance of NERC certificates, including the requirements for NERC generators and 
NERC users. 
102 
APPLICABILITY: The provisions of this rule shall apply to: 
102.1 The owner or operator of a captive fleet of nonroad engines who holds or intends to 
obtain a Maricopa County Air Quality Department (MCAQD) stationary source permit 
(generator permit) and has achieved, or will achieve, reductions in qualifying 
emissions in compliance with this rule.  
102.2 The owner or operator of any new major stationary source or major modification to 
an existing major stationary source that intends to use NERCs as offsets to obtain or 
revise a MCAQD stationary source permit (credit user permit). 
103 
SECTION AND RULE CITATIONS: All section citations refer to sections within this rule 
unless otherwise specified and all rule citations refer to rules within the Maricopa County Air 
Pollution Control Regulations unless otherwise specified. 
SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall
apply in addition to definitions found in Rule 100 (General Provisions and Definitions) and Rule 203 
(Emission Reduction Credit (ERC) General Requirements). In the event of any inconsistency 
between any of the Maricopa County Air Pollution Control Regulations, the definitions in this rule 
take precedence. 
201 
BASE OF OPERATIONS: A location within the nonattainment area where the nonroad 
engines are stored, managed, maintained, or utilized on a regular or permanent basis. 
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202 
BASE YEAR EMISSION INVENTORY: The base year emission inventory used in the most 
recent ozone plan that is used for required attainment plan demonstrations. 
203 
BASELINE EMISSIONS: The emissions an original engine has actually emitted, as 
determined in Section A of Appendix A. 
204 
CAPTIVE FLEET: A fleet of nonroad engine(s) that meets all of the following: 
204.1 The nonroad engines are identifiable, as specified in Section 504.2; 
204.2 The hours of operation can be tracked and recorded using a non-resettable hour 
meter; 
204.3 Have the same base of operations; 
204.4 Can serve as a permanent source of emission reductions when a nonroad engine is 
replaced or retrofitted; and 
204.5 All nonroad engines are under the control of the same owner or operator. 
205 
CREDIT USER: The applicant for a stationary source permit or permit revision (credit user 
permit) that intends to use NERCs as offsets for compliance with federal New Source 
Review requirements pursuant to Rule 240. 
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. MCAQD issues 
ERCs for nonroad engines as NERCs. 
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 
ENGINE TYPE: A type of nonroad engine, including but not limited to construction, airport 
equipment, and railyard switcher. 
209 
GENERATOR: The owner or operator of a captive fleet of nonroad engines that has obtained, 
or intends to obtain, a generator permit that has made, or proposes to make, reductions in 
qualifying emissions. 
210 
HISTORIC HOURS OF OPERATION (HHO): The annual average hours of operation from the 
project’s original engines that make up the captive fleet. The annual average hours of 
operation shall be based on the annual actual hours of operation that occurred within the 
nonattainment area, from the two preceding calendars years, or two calendar years more 
representative of normal operations within the five-year period immediately before the 
reduction in qualifying emissions occurs. 
211 
LOAD SHIFTING: Shifting of activity, measured in hours of operation of a replaced or 
retrofitted nonroad engine for which a NERC certificate has been issued, to a higher emitting 
nonroad engine. 
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212 
NERC CERTIFICATE: A document that certifies the issuance of NERCs by MCAQD in 
accordance with this rule, and includes the information specified in Section 301.3 b.(2). 
213 
NONATTAINMENT AREA: The Phoenix-Mesa ozone nonattainment area as defined in 40 
CFR 81.303 for any ozone National Ambient Air Quality Standard. 
214 
NONROAD ENGINE EMISSION REDUCTION CREDIT (NERC): An ERC generated from 
captive fleet nonroad engines. NERCs have no property rights associated with them. 
215 
NONROAD ENGINE OR NONROAD INTERNAL COMBUSTION ENGINE: 
215.1 An engine that is (or will be) used in or on a piece of equipment that is self-propelled 
or serves a dual purpose by both propelling itself and performing another function 
(such as garden tractors, off-highway mobile cranes, and bulldozers); or  
215.2 An engine that is (or will be) used in or on a piece of equipment that is intended to be 
propelled while performing its function (such as lawnmowers and string trimmers); 
or 
215.3 An engine, that, by itself or in or on a piece of equipment, is portable or transportable, 
meaning designed to be and capable of being carried or moved from one location to 
another. Indicia of transportability include but are not limited to, wheels, skids, 
carrying handles, dollies, trailers, or platforms.  
216 
OFFSETS: Reductions in actual emissions required under Rule 240. 
217 
ORIGINAL ENGINE: A captive fleet nonroad engine that has been, or will be, replaced or 
retrofitted, to generate qualifying emission reductions. 
218 
PERMANENT: Reductions in qualifying emissions that are enforceable and enduring for the 
duration of federal major new source review obligations. For the purposes of this rule, an 
actual reduction in qualifying emissions that endure for at least 20 years after the NERC 
certificate is issued. 
219 
QUALIFYING EMISSIONS: NOx or VOC emissions which are included in the base year 
emission inventory, from any nonroad engine when emitted within the nonattainment area. 
220 
QUANTIFIABLE: With respect to emissions, including the emissions involved in emission 
trades, capable of being measured or otherwise determined in terms of quantity and 
addressed in terms of character. For the purposes of this rule, quantification shall be based 
on the baseline pollutant emission factor, the replacement or retrofit engine emissions, and 
the HHO and rated horsepower from the original engine. 
221 
REAL: A reduction in actual emissions previously released to the air resulting from a 
physical change or change to the method of operation by a generator. 
222 
REPLACEMENT OR REPLACED ENGINE: A nonroad engine that has, or will replace, an 
original engine, used to generate qualified emission reductions, that is certified to the 
applicable federal emission standard. 
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223 
RETROFIT OR RETROFITTED ENGINE: An original engine that has, or will have, an alteration, 
that allows the engine to operate on a fuel or power source different from the fuel or power 
source for which the engine was originally certified. 
224 
SURPLUS: A reduction in qualifying emissions below the emission limitations and standards 
used to comply with any otherwise federally applicable requirements, including a required 
attainment plan, provided that the reduction is not relied upon to meet any requirements in 
the State Implementation Plan (SIP). 
SECTION 300 – STANDARDS 
301 
CERTIFICATION OF QUALIFIED EMISSION REDUCTIONS: 
301.1 NERC Application: 
a. An application to obtain NERCs shall be submitted to the Control Officer on the
form prescribed by the MCAQD and shall include:
(1) Information on the identity, ownership, and location of the generator;
(2) An inventory of the captive fleet. The inventory shall include all information
specified in Section 504.2, for which a replaced or retrofitted nonroad engine 
resulted, or will result, in reductions in qualifying emissions; 
(3) A description of how the reductions in qualifying emissions shall be, or will 
result in, permanent and surplus reductions; 
(4) Information on the methodology for quantifying the surplus reductions in 
qualifying emissions for each pollutant subject to the application, including 
the following: 
(a) Emissions calculations, 
(b) Documentation of rated horsepower and HHO, and how these quantities 
were determined; 
(5) Information on the proper removal or disposal of original engines if the 
reductions in qualifying emissions were accomplished, or will be 
accomplished, through nonroad engine replacement; 
(6) Information on the retrofit conversion process used, or to be used, if the 
reductions in qualifying emissions will be accomplished through nonroad 
engine retrofit; 
(7) Other information or records necessary to verify that the reductions in 
qualifying emissions qualify as permanent, quantifiable, surplus, federally 
enforceable, and real; 
(8) The actual date or anticipated date the reductions in qualifying emissions, 
occurred, or will occur, as applicable; and 
(9) A certified statement by a responsible official, as defined in Rule 100, verifying 
the truthfulness and accuracy of all information provided in the application. 
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301.2 Action on Application: The Control Officer shall review the application for NERCs 
and: 
a. Evaluate whether the proposed qualifying emission reductions will result in real,
quantifiable, federally enforceable, permanent, and surplus emission reductions
and determine whether the NERCs meet the requirements of Section 302 for
generating NERCs.
b. If the Control Officer determines the requested credits will result in real,
quantifiable, federally enforceable, permanent, and surplus emission reductions,
the generator shall submit an application with the Control Officer in accordance
with the requirements of Rule 210 (Title V Permit Provisions), Rule 220 (Non-Title
V Permit Provisions), or Rule 230 (General Permits) seeking either a permit
revision or new permit to impose conditions to make the reductions in qualifying
emissions permanent and enforceable.
301.3 Generator Permit and NERC Certificate: The Control Officer, upon completion of 
evaluation of the applications filed under Section 301.2, shall perform the following: 
a. Public Participation: For all proposed actions to issue NERCs of 25 tons or
greater according to this rule, provide public participation on the Control Officer’s
proposed determination to issue NERCs and a generator permit or permit
revision, per the provisions in Section 407 of Rule 220. The proposed
determination shall include the proposed generator permit or permit revision and
the Control Officer’s underlying analysis for proposing to certify the NERCs.
b. Upon completion of Section 301.3 a. when applicable, and for all other proposed
actions to issue NERCs, if the Control Officer determines the requested credits
meet the requirements of Section 301.2 a. and should be certified, then the
Control Officer shall:
(1) Issue either a generator permit or permit revision that incorporates the
applicable requirements of this rule, and any other necessary requirements to 
make the reductions in qualifying emissions permanent and federally 
enforceable. The generator permit or permit revision shall include the 
following: 
(a) The rated horsepower and quantity of hours of operation from the original 
engine that occurred in the nonattainment area used to determine the 
number of NERCs issued;  
(b)  The qualifying emission reduction emission factor for each engine type 
and engine model year in the fleet in grams/hp-hr, as calculated pursuant 
to Section D of Appendix A; and 
(c) The date by which the qualifying emission reductions are required to be 
implemented. 
(2) Issue a NERC certificate for the total tonnage of NERCs, as rounded down to 
the nearest one tenth (1/10) of a ton, per year of reduction. The NERC 
certificate shall include the following information: NERC certificate number, 
date of issuance, name and address of the generator, description of activity 
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that resulted in the qualified emission reductions, and the number of NERCs 
issued. The NERC certificate shall specify that the credits were certified under 
this rule and whether the reductions in qualifying emissions have been 
implemented or the date by which the reductions are required to be 
implemented. In addition, the certificate shall include the following: 
(a) The rated horsepower and quantity of hours of operation from the original 
engine that occurred in the nonattainment area used to determine the 
number of NERCs issued;  
(b) The qualifying emission reduction emission factor for each engine type 
and engine model year in the fleet in grams/hp-hr, as calculated pursuant 
to Section D of Appendix A; 
(c) A statement that the new stationary source relying on the emissions 
offsets from a NERC may not commence operation until the emissions 
reductions corresponding to that NERC have actually occurred; and 
(d) A statement that the NERC does not provide any property rights. 
c. If the Control Officer determines that none of the requested NERCs should be
certified, then the applicant will be notified, and no credits will be issued and
neither a generator permit, nor permit revision, will be issued.
301.4 Registration of NERCs in the Arizona Emissions Bank: A NERC Certificate (Certified 
credits) may be registered in the Arizona Emissions Bank but registration is not 
required. See Rule 203 for procedures regarding registration of NERCs in the Arizona 
Emissions Bank. 
302 
NERC GENERATION: A generator that plans to replace or retrofit all or part of their captive 
fleet to generate qualifying emission reductions. 
302.1 May apply for issuance of NERCs by meeting the following requirements: 
a. Location: Demonstrate that the captive fleet of nonroad engines used to generate
NERCs are based and operated within the nonattainment area. NERCs may only
be granted for those reductions generated while operating in the nonattainment
area. An original engine’s operation inside the nonattainment area must be
quantifiable.
b. Quantification of Baseline Emissions: The generator shall quantify baseline
emissions for each original engine that will be replaced or retrofitted following the
calculation methodology in Appendix A.
c. Quantification of Emission Reductions:
(1) The generator shall quantify the post project emissions using the calculation
methodology specified in Appendix A. 
(2) Calculations shall only include surplus and permanent reductions and shall 
not include emission reductions created or used under any other emissions 
trading program, emission reductions used to satisfy the SIP including any 
emissions reductions pursuant to a federal consent decree, or state and local 
settlements. 
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d. Alternative Calculation Methodology: A generator may use an alternative
calculation methodology to quantify emission reductions upon approval from the
Control Officer and the Administrator. All alternative calculation methodologies
shall be submitted to the Administrator after completion of the public
participation process in Section 301.3 a., and shall include any public comments
received and the Control Officer’s response to the public comments. The
Administrator shall be provided 60 calendar days to review the submittal. Written
approval from the Administrator must be obtained prior to using an alternative
calculation methodology.
302.2 Shall comply with all of the following operating, monitoring, removal/disposal, 
recordkeeping, and maintenance requirements: 
a. Operation and Maintenance: All replacement or retrofit engines shall be operated
and maintained in accordance with the manufacturer’s written instructions or the
maintenance schedule provided by the manufacturer’s authorized service
provider.
b. Monitoring of Nonroad Engine Use:
(1) The generator shall install and maintain a non-resettable hour meter on all
replacement or retrofitted engines prior to the date of issuance of NERCs or 
the date by which the qualifying emission reductions are required to be 
implemented, as applicable. 
(2) The generator shall monitor and record the monthly operating hours at each 
location within the nonattainment area for each replaced or retrofitted engine 
for which a NERC certificate is issued. 
(3) Full Replacement and/or Retrofit Engine Type Monitoring Exemption: A 
generator may be exempt from compliance with Sections 302.2 b.(1) and (2) 
if the generator has replaced or retrofitted the entire engine type of the captive 
fleet for which a NERC certificate is issued and the fleet operates at only one 
location within the nonattainment area. The generator must submit to the 
Control Officer for approval documentation demonstrating the entire engine 
type of nonroad engines have been replaced or retrofitted per Section 302.2 d. 
(a) For continued compliance with this exemption, the generator shall not add 
and operate any engine that is not equal to or more stringent than the post 
project pollutant emission factor of the replacement or retrofit engines. 
(b) If the generator adds and operates any engine with a pollutant emission 
factor that is greater than the post project pollutant emission factor, then 
the generator must comply with Sections 302.2 b.(1) and (2). 
c. Monitoring of Nonroad Engine Location
(1) The generator shall monitor and record the operating locations for each
replaced or retrofitted engine for which a NERC certificate is issued, as 
required by Sections 504.3 and 504.4.   
(2) Location Monitoring Exemption: A generator may be exempt from 
compliance with Section 302.2 c.(1) if the generator operates the captive fleet 
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at only one location within the nonattainment area. The generator must 
submit to the Control Officer for approval documentation demonstrating the 
captive fleet of nonroad engines operates only at one location.   
d. Removal/Disposal of Replaced Nonroad Engine Type: The generator shall
remove or dispose of all original engines for which a NERC was issued. Removal
shall consist of permanently removing all original engines from the
nonattainment area. Disposal shall consist of rendering the original engines
permanently disabled and disposed of in a manner that complies with all
applicable local, state, and federal laws. The generator shall maintain
documentation demonstrating proper removal or disposal of all original engines.
To demonstrate an original engine was properly removed from the nonattainment
area, the documentation shall include a bill of sale, engine registration, or other
transfer documentation demonstrating the removal of the engine.
e. Subsequent Nonroad Engine Replacement: The replacement or retrofitted
engines that were used to obtain NERCs shall only be subsequently replaced with
engines having an equal or more stringent post project pollutant emission factor,
as described in Section B.4. of Appendix A. This requirement shall continue for 20
years from the issuance date of the NERC certificate.
f.
Nonroad Engine Retrofit: Retrofit engines used for generating NERCs shall be
permanent and continue to generate reductions as issued in the NERC certificate.
g. Timing: The generator shall demonstrate that the engine replacements or
retrofits, and removal/disposal of original engines, occurred prior to either:
(1) The application for NERCs; or
(2) The enforceable date established in the generator permit or permit revision
required by Section 301.3 b.(1)(c) that specifies the date by which reductions 
in qualifying emissions must be implemented. 
h. Monitoring and Recordkeeping: Upon issuance of a generator permit or permit
revision under this rule, a generator is responsible for creating and maintaining
records from their captive fleet monitoring as required in:
(1) Section 501 (Recordkeeping and Records Retention);
(2) Section 502 (Inspections);
(3) Section 503 (NERC Generation Monitoring);
(4) Section 504 (NERC Generation Records); and
(5) Section 505 (Compliance Demonstration).
303 
USE OF THE NERC CERTIFICATES 
303.1 General Use Requirements: See Rule 203 for procedures regarding the use of NERCs 
as offsets to comply with the NSR requirements of Rule 240. 
303.2 Review of NERC Integrity: Prior to issuing a credit user permit, the Control Officer 
shall verify that the NERCs issued in the surrendered NERC certificate remain surplus 
(as defined in this rule) as of the date of permit issuance, and shall revise the NERC 
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certificate amount if necessary to maintain surplus integrity. Any NERC certificate 
proposed to be used where the reductions in qualifying emissions were not 
implemented at the time of NERC application shall only be used if the NERC 
certificate states that the emission reductions will be implemented on a date prior to 
the date the credit user plans to commence operation of the new source or 
modification. 
303.3 Credit User Commencement of Operation: The credit user shall not commence 
operation of their permitted new source or modification until the generator has 
demonstrated compliance with Section 401.1. 
SECTION 400 – ADMINISTRATIVE REQUIREMENTS 
401 
OFFSET INTEGRITY RESPONSIBILITIES: 
401.1 Generator Implementation Notification: The generator shall provide written 
notification to the Control Officer and credit user within 48 hours of completing 
implementation of the qualifying emission reductions for which a NERC certificate 
was issued under this rule, and provide documentation demonstrating compliance 
with Sections 302.2 b., 302.2 c., 302.2 d., 302.2 f., and 302.2 g.(2), as applicable. 
401.2 Generator Monthly Hours of Operation Review Requirements: For each calendar 
month, the generator shall review the 12-month rolling hours of operation as 
calculated in Section 505 to determine if the 12-month rolling hours of operation 
achieved by the generator equals, or exceeds the quantity of hours of operation 
specified in their NERC certificate.  
a. If the 12-month rolling hours of operation achieved by the generator is equal to or
greater than the quantity of hours of operation specified in their NERC certificate,
the generator shall record the results pursuant to Section 505. No further action is
required.
b. If the 12-month rolling hours of operation achieved by the generator is less than
the quantity of hours of operation specified in their NERC certificate, the
generator shall:
(1) Provide a copy of the data to the Control Officer within five business days of
the date of discovery showing the total 12-month rolling hours of operation 
achieved; and  
(2) Comply with one of the following: 
(a) Demonstration of Continued Compliance: The generator shall provide a 
demonstration to the Control Officer for approval within 30 calendar days 
of the hours of operation shortfall date of discovery to show that the lower 
hours of operation was not a result of load shifting and the integrity of the 
NERCs continue. If the demonstration is approved by the Control Officer 
no further action is required. If the demonstration does not receive 
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approval, the generator shall notify the credit user, as described in Section 
401.2 b.(2)(b). 
(b) Credit User Notification: The generator shall notify the credit user of the 
hours of operation shortfall within five business days of the date of 
discovery or within five business days of receiving a disapproval of the 
demonstration of continued compliance from the Control Officer. The 
credit user shall conduct the hours of operation shortfall evaluation as 
described in Section 401.3. 
401.3 Credit User HHO Shortfall Evaluation 
a. If the credit user is notified by a generator, pursuant to Section 401.2 b.(2)(b), that
their 12-month rolling hours of operation is less than the quantity of hours of
operation specified in the corresponding NERC certificate relied upon for NSR
permit issuance, then the credit user shall satisfy the requirements of Section
401.3 b.
b. Conduct the following calculations and analysis:
(1) Calculate the Emission Reduction Shortfall (ERS) by subtracting the hours of
operation achieved, as reported by the generator pursuant to Section 401.2 b., 
from the hours of operation required in the NERC certificate, and multiplying 
the difference by the applicable rated horsepower and qualifying Emission 
Reduction Emission Factor (EREF) specified in the NERC certificate. Lastly, 
divide this by 907,184.74 to convert the ERS from grams to tons. Where: ERS 
in tons/year = [(required hours of operation - achieved hours of operation) x 
rated horsepower x EREF (in grams/hp-hr)]/907,184.74. 
(2) If the calculated ERS in Section 401.3 b.(1) is less than 10% of the total NERCs 
issued by MCAQD to the generator under Section 301.3 b.(2), then the credit 
user or generator shall submit an action plan to the Control Officer for 
approval within 15 business days of notification by the generator describing 
how the offset emissions shortfall will be remedied no later than three 
calendar months after the calendar month that the hours of operation 
shortfall occurred. This may include documentation demonstrating the credit 
user’s actual emissions for the specific NSR permit issuance that relied on 
NERCs are still sufficiently offset despite the hours of operation shortfall. A 
credit user or generator that is required to submit a plan by this section must 
fully comply with the plan, which has been submitted but not yet been 
approved, unless notified otherwise by the Control Officer in writing. The 
Control Officer shall provide approval or disapproval of the action plan to the 
credit user or generator within 10 business days of receipt. 
(3) If the calculated ERS in Section 401.3 b.(1) is 10% or higher of the total NERCs 
issued by MCAQD to the under Section 301.3 b.(2), or MCAQD does not 
receive an action plan to comply paragraph (2) of this section, or MCAQD 
does not approve the action plan submitted pursuant to paragraph (2) of this 
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section, then the credit user shall submit a permit application within 90 
calendar days of notification by the Control Officer that provides an equivalent 
quantity of reductions as the ERS determined under Section 401.3 b.(1). This 
may be accomplished by any combination of the following: 
(a) Permanently reducing emissions by revising existing permit emission or 
throughput limits; or 
(b) Providing valid ERCs or NERCs in a quantity equivalent to the ERS 
determined under Section 401.3 b.(1). 
(4) A credit user that operates without adequate offsets is in violation of these 
rules. 
402 
ENFORCEMENT AUTHORITY: Nothing herein restricts independent enforcement authorities 
under the Clean Air Act by other parties. 
SECTION 500 – MONITORING AND RECORDS 
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 to the Control Officer no later than five business days upon verbal or 
written request by the Control Officer. 
501.3 Unless otherwise specified, maintained for five years after the record is created. 
501.4 Maintained without falsification. 
501.5 Made available to the Control Officer upon written request by members of the public 
using the County’s public records request process. 
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 
NERC GENERATION MONITORING: The generator shall monitor parameters used to 
quantify NERCs beginning no later than issuance of the NERC certificate or the enforceable 
date established in the generator permit or permit revision required by Section 301.3 b.(1). 
At a minimum, the generator shall monitor the following for each replaced or retrofitted 
engine used for obtaining a NERC certificate: 
503.1 Hours of operation within nonattainment area as determined by the non-resettable 
hour meter or Control Officer approved documentation demonstrating the entire 
engine type of nonroad engines have been replaced or retrofitted per Section 302.2 
b.(3); 
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503.2 Any other parameter used to make the NERCs quantifiable, such as idling speed, 
idling emissions, or fuel use rate. 
503.3  Location of operation within the nonattainment area by maintaining Operation Move 
Records. 
504 
NERC GENERATION RECORDS: A generator shall maintain the following records for each 
replacement or retrofitted engine for which a NERC certificate was issued: 
504.1 NERC Documentation: All records submitted with the application, documentation 
that the original engine was properly removed and/or destroyed, as required by 
Section 302.2 d., and documentation demonstrating the rated horsepower and HHO 
for each original engine that occurred within the nonattainment area. These records 
shall be maintained for at least five years after the use of the NERCs to obtain a NSR 
permit, regardless of any defenses under any federal or state statute of limitations. 
504.2 Replaced or Retrofitted Engine Inventory Records: A detailed inventory of each 
replaced or retrofitted engine used to generate NERCs shall include all of the 
following information and shall be reviewed and updated on a monthly basis: 
a. For each replaced or retrofitted engine:
(1) The engine manufacturer.
(2) The model number.
(3) The serial number.
(4) The model year.
(5) The engine type.
(6) The fuel type.
(7) A description of the equipment.
b. The date each replaced or retrofitted engine was:
(1) Added to the inventory and began operation.
(2) Removed from the inventory.
c. After the initial project, for each nonroad engine added to the inventory:
(1) Identify the nonroad engine removed in its place.
(2) The generator must document that the replacement engine’s pollutant
emission factor is equivalent or lower than the nonroad engine used to 
generate NERCs. 
504.3 Operational Records: The following operational records shall be maintained on a 
monthly basis upon issuance of the NERC certificate or when the generator notifies 
the Control Officer that the project has been completed, as applicable: 
a. A description of all maintenance and repair activities, current nonroad engine
hours of operation, date the activity occurred, and any corrective actions
performed.
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b. The calendar month hours of operation that occurred at each location within the
nonattainment area for each nonroad engine as recorded by the nonresettable
hour meter or Control Officer approved documentation demonstrating the entire
engine type of nonroad engines have been replaced or retrofitted per Section
302.2 b.(3).
c. Summary of any other monitoring required by Section 503.
504.4 Operation Move Records: The following move records shall be maintained on a 
monthly basis upon issuance of the NERC certificate or when the generator notifies 
the Control Officer that the project has been completed, for the captive fleet of 
nonroad engines: 
a. A description of the present location;
b. A description of the location to which the captive fleet of nonroad engines is to be
transported;
c. The date on which the captive fleet of nonroad engines is to be moved;
d. The date on which operation of the captive fleet of nonroad engines will begin at
the new location;
e. The duration of operation at the new location.
504.5 Annual Report: The generator shall submit an annual report to the Control Officer 
summarizing the captive fleet’s operation and compliance with Section 302.2 b. for 
the previous calendar year, within 60 calendar days after December 31 of each 
calendar year. The report shall include the following: a statement attesting that any 
replaced original engine is not a part of any other captive fleet owned or operated by 
the generator within the nonattainment area and how this was verified, the current 
captive fleet inventory as specified by Section 504.2, the rated horsepower and hours 
of operation by the fleet of nonroad engines used to generate NERCs within the 
nonattainment area during the previous calendar year. Additionally, any generator 
that operates under the full replacement and/or retrofit engine type monitoring 
exemption in Section 302.2 b.(3) must provide a statement attesting that no 
additional nonroad engines of that engine type, with a pollutant emission factor 
greater than the post project emission factor provided on the NERC certificate, have 
been added to the captive fleet. 
505 
COMPLIANCE DEMONSTRATION: Within 30 calendar days of the end of each month, the 
generator shall: 
505.1 Record the hours of operation within the nonattainment area for each replacement or 
retrofitted engine during the preceding month and record the hours of operation sum 
for all replacement or retrofitted engines. 
505.2 Calculate and record the 12-month rolling total of hours of operation within the 
nonattainment area.
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APPENDIX A 
CALCULATIONS FOR DETERMINING EMISSION REDUCTIONS FROM EACH 
NONROAD ENGINE 
A. 
Baseline Emissions (g/year) = Rated HP × HHO (hrs/year) × Baseline Pollutant Emission 
Factor (g/hp-hr) 
1. Where g is grams of pollutant, hp is horsepower, and hr is hour or hours.
2. Rated HP is the original engine power rating as certified by the manufacturer in
meeting the currently applicable federal standard.
3. Where HHO as defined in Section 210.
4. Where the Baseline Pollutant Emission Factor is determined as outlined below:
a. If the load-based manufacturer’s emission factor is available, then it shall be used
as the baseline pollutant emission factor. The load used to determine the
appropriate load-based manufacturer’s emission factor shall be based on
supporting documentation if available and approved by the Control Officer.
Documentation can include, but is not limited to, EPA guidance, continuous
monitoring data, run time data, or fuel consumption records. The baseline
pollutant emission factor shall be the emission rate of the original engine at 100%
load if supporting documentation is not available or not approved by the control
officer;
b. If the load-based manufacturer’s emission factor is not available, then the EPA-
certified emission factor shall be used as the baseline pollutant emission factor;
or
c. If the EPA-certified emission factor is not available, then the emission factor
allowed by the county, state, or federal standard applicable to the original engine
at the time of the NERC application under this rule shall be used.
5. The above calculations yield g/year. To obtain tons/year, the regulatory quantity, multiply
by 1.1 x 10-6.
B. 
Post project emissions (g/year) = Rated HP × HHO (hrs/year) × Post Project Pollutant 
Emission Factor (g/hp-hr)  
1. Where g is grams of pollutant, hp is horsepower, and hr is hour or hours.
2. Rated HP is the original engine power rating as certified by the manufacturer in
meeting the currently applicable federal standard.
3. Where HHO as defined in Section 210.
4. Where the Post Project Pollutant Emission Factor is determined as outlined below:
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a. If the load-based manufacturer’s emission factor is available, then it shall be used
as the post project pollutant emission factor. The load used to determine the
appropriate load-based manufacturer’s emission factor shall be based on
supporting documentation if available and approved by the Control Officer.
Documentation can include, but is not limited to, EPA guidance, continuous
monitoring data, run time data, or fuel consumption records. The post project
pollutant emission factor shall be the emission rate of the original engine at 100%
load if supporting documentation is not available or not approved by the control
officer;
b. If the load-based manufacturer’s emission factor is not available, then the EPA-
certified emission factor shall be used as the post project pollutant emission
factor; or
c. If the EPA-certified emission factor is not available, then the emission factor
allowed by the county, state, or federal standard applicable to the replacement or
retrofit engine at the time of the NERC application under this rule shall be used as
the post project pollutant emission factor.
5. The above calculations yield g/year. To obtain tons/year, the regulatory quantity,
multiply by 1.1 x 10-6.
C. 
The amount of eligible emission reduction credits for each nonroad engine is 
determined by subtracting post project emissions from baseline emissions. 
D. 
The qualifying emission reduction emission factor for each engine type and engine 
model year in the fleet is calculated by subtracting the Post Project Pollutant Emissions 
Factor from the Baseline Pollutant Emissions Factor, g/hp-hr. 
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President Hughes called the meeting to order at 1:02 p.m. 
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.  
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 
Return to list of attachments
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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 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. 
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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 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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Vice President MacMillan called the meeting to order at 3:00 p.m. 
ROLL CALL: 
Members Present: 
Members Not Present: 
Don Cassano 
Robert MacMillan 
Don Hughes 
Andrew Rascon 
Kristen Acton – via phone 
Chairman Bill Gates 
Nedra Halley 
Scott Celley 
Debra Baldauff 
Paul Stander – via phone 
Ex-Officio: Marcy Flanagan 
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. President Hughes asked if there 
were any speakers that requested to speak at today’s meeting. Ms. Bonham responded that she has not received any 
speaker slips. 
DISCUSSION/ACTION ITEMS 
1.
Approval of Minutes: President Hughes asked for a motion to approve the minutes from the BOH Meeting held
on July 23, 2019. 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.
Appointment for Board of Health Finance Committee vacancy
President Hughes 
President Hughes explained that the vacancy on the Finance Committee needed to be filled. The Finance 
Committee meets 30 minutes prior to the Board of Health meeting. Dr. Stander said he would be interested in 
being on the Finance Committee. Dr. Stander was appointed to fill the vacancy on the Board of Health Finance 
Committee. 
3.
Fee Waiver Process Change Presentation
 Ms. Darcy Kober 
Mr. Ken Conklin 
Ms. Darcy Kober and Mr. Ken Conklin presented on the Fee Waiver Process Change. 
Clarification of Responsibilities 
Maricopa County Environmental Services Department (MCESD) 
•
Processes fee waiver applications.
•
Applicants complete and submit substantiating documentation. MCESD places completed
fee waiver applications with substantiating documentation on a BOH meeting agenda as
an action item for review.
BOH 
•
Has the authority to grant fee waivers.
MARICOPA COUNTY BOARD OF HEALTH MEETING MINUTES 
Monday, October 28, 2019 at 3:00 pm 
205 W. Jefferson Street, Phoenix, Arizona 85003 
Board of Supervisors Auditorium 
Return to list of attachments
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•
Receives completed fee waiver applications and substantiating documentation from the
MCESD including a staff report.
•
Votes to approve or disapprove MCESD submitted fee waivers at a scheduled BOH
meeting.
Environmental Services revised the online fee waiver application. 
Fee Waiver Qualifying Criteria 
1.
A charitable nonprofit establishment that operates to provide relief solely for the poor,
distressed or under-privileged.
2.
The operator must maintain a current 501(c)(3) tax exempt designation from the Department of
the Treasury, Internal Revenue Service.
3.
The operator must demonstrate to the Board of Health that payment of said fee will cause
financial hardship.
Fee Waiver MCEHC Criteria – When Questionable: 
•
Contact Applicant
•
Clarify Fee Waiver Requirement Criteria
•
Inform Applicant of BOH Open Meeting Option
Staff Report Created and Submitted to BOH - Contains a description of the criterion (criteria) that was 
not met. 
Substantive Policy Statements (SPS) - Written to clarify fee waiver interpretations. 
Fee Waiver - Substantive Policy Statements (SPS) 
An SPS is advisory only. In accordance with A.R.S. §11-1601, SPSs 
do not include internal procedural documents that only affect 
internal procedures of the Maricopa Environmental Services Department (Department) and do not 
impose additional requirements or penalties on regulated parties or provide confidential information. 
New Fee Waiver SPSs: 
•
Clarify the Department’s role processing permit fee waivers
•
Clarify Financial Hardship
Current Fee Waiver SPS:
•
Fee Waived Food Employee Certificate
4.
Fee Waiver Briefing – 30 Fee Waiver Applications
Ms. Jeannie Taylor 
Ms. Jeannie Taylor presented thirty (30) fee waivers for review and consideration of approval. Twenty-six (26) 
nonprofit organizations and four (4) sponsoring school districts with completed fee waiver applications for the 
Board of Health’s review. A summary sheet document was provided. 
Jeannie explained that the Environmental Services Department staff reviewed thirty (30) fee waiver applications 
to be presented to the Board for approval/denial. Based on the information provided during the application 
process, all listed permitted operations appear to meet the criteria set forth in the Maricopa County 
Environmental Health Code Chapter 1, Regulation 5, except for Partnership with Parents Inc. (DBA Desert Heights 
Charter School), Ahwatukee American Little League and Peoria Unified School District. The Desert Heights Charter 
School does not meet the criteria because they do not soley operate to provide relief to the poor, distressed or 
under-privileged. Soley is interpreted as 100% of the proceeds. The Ahwatukee American Little League does not 
meet the criteria because they do not soley operate to provide relief to the poor, distressed or under-privileged. 
Soley is interpreted as 100% of the proceeds. The Peoria Unified School District does not meet the criteria because 
they do not maintain a 501(c)(3) designation with the Internal Revenue Service. 
Motion to approve all fee waiver applications except P15 – Desert Heights Charter School, P22 – Ahwatukee 
American Little League and P 23 – Peoria Unified school District. Motion was made by Mr. Ceeley, seconded by 
Mr. Cassano and all were in favor. The motion passed unanimously. 
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5.
Recommendation to the Board of Supervisors to approve the proposed revisions to AQ-2017-010-NSR the New
Source Review (NSR) rules, AQ-2017-010-Rule 510 (Air Quality Standards), and AQ-2017-011-Rule 204 (Emission
Reduction Credits for Use with the Arizona Emissions Bank)
Mr. Gregory Verkamp 
Ms. Kimberly Butler 
AQ-2017-010-NSR (New Source Review): NSR is a permitting program that requires businesses to get an air 
pollution control permit before they start construction or make major modifications to their business. The 
Maricopa County Air Quality Department (MCAQD) is proposing to revise the NSR rules to remedy eight 
deficiencies identified by the EPA and to address Stakeholder and Staff comments and the EPA’s recommended 
clarifications. 
Motion was made by Mr. Cassano for the recommendation to the Board of Supervisors to approve the proposed 
revisions to AQ-2017-010-NSR the New Source Review (NSR) rules. Motion was seconded by Ms. Halley and 
the motion passed unanimously. 
AQ-2017-010-Rule 510 (Air Quality Standards): The MCAQD is proposing to revise Rule 510 to update the list of 
air quality standards that are applicable within Maricopa County. These changes will align rule 510 with the 
portions of A.A.C. R18-2-201 through 206 (Ambient Air Quality Standards) and 40 CFR 50 (National Primary and 
Secondary Ambient Air Quality Standards) that are applicable within Maricopa County. 
Motion was made by Ms. Halley for the recommendation to the Board of Supervisors to approve the proposed 
revisions to AQ-2017-010-Rule 510 (Air Quality Standards). Motion was seconded by Dr. Baldauff and the 
motion passed unanimously. 
AQ-2017-011-Rule 204 (Emission Reduction Credits for Use with the Arizona Emissions Bank): The MCAQD is 
proposing to revise Rule 204 to include provisions for the generation, certification, and utilization of emission 
reduction credits (ERCs) from nontraditional sources that use truck stop electrification, electric standby equipped 
transport refrigeration units, or electric onsite equipment to generate ERCs. The MCAQD is also proposing 
revisions to align the rule with the revisions made to the Arizona Emissions Bank rules by the ADEQ. 
Motion was made by Mr. Celley for the recommendation to the Board of Supervisors to approve the proposed 
revisions to AQ-2017-011-Rule 204 (Emission Reduction Credits for Use with the Arizona Emissions Bank) 
Motion was seconded by Ms. Halley and the motion passed unanimously. 
6.
Approval of the initiation of regulator change for Ordinance P-7 (Maricopa County Trip Reduction Ordinance)
Mr. Gregory Verkamp 
Ms. Kimberly Butler 
AQ-2019-005-P7 (Maricopa County Trip Reduction Ordinance): The MCAQD is proposing to revise Ordinance P- 
7 to reflect changes to the program since the last revision in 1997, including streamlining the information on 
equivalent emissions reduction (EER) measures and credits and incorporating six existing Substantive Policy 
Statements (SPS) into the ordinance. The revisions will also reduce redundant language that already exists in state 
statute and restructure the ordinance for consistency with MCAQD’s other adopted ordinances. 
Motion was made by Mr. Cassano for approval of the initiation of regulator change for Ordinance P-7 (Maricopa 
County Trip Reduction Ordinance) Motion was seconded by Ms. Halley and the motion passed unanimously. 
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Discussion Items: 
1. Public Health Report
Marcy Flanagan, Max Porter & Dr. Rebecca Sunenshine 
I. 
Human Resources
II.
Communication
III. Infrastructure
IV. Strategic Planning
V. Programs 
VI. Disease Update
VII. Future Topics
Marcy Flanagan gave the Director Updates. 
Hepatitis A Update Outbreak Summary 
Maricopa County Hepatitis A Update through 10/28/19 
324 Confirmed cases 
1 Case Pending Investigation 
4 Cases in last week 
275 (85%) Cases with risk factors (Risk factors include homelessness or unstable housing, illicit substance use or 
incarceration in the last year. 
48 (15%) Cases with no known risk factors 
271 (84%) Hospitalizations 
4 (1%) Deaths 
15,934 Vaccines administered 
21-94 (39) Age range (median) 
7/13/18-10/10/19 Illness onset range 
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Hepatitis A Outbreak Response Highlights 
•
Over 500 volunteers have been incorporated into this response including licensed
healthcare workers
Vaccination in jails: 
•
Every inmate who is able to consent is offered vaccine at intake 24/7 since August 2019
•
Entirely staffed by temporary employees
•
Over 10,000 vaccinated in the jail system
•
% previously vaccinated in the jails has risen from 17% in June to 30% in October
Vaccination at community events: 
•
Currently focusing on Medical Assisted Treatment facilities (CMS, Terros, Mercy Care)
•
Partnering with Maricopa County Adult Probation
Vaccination in the field: 
•
Partnered with Police, Fire and Parks in City of Phoenix, Tempe, Chandler and Scottsdale
•
Working to focus on West Phoenix, Glendale and Southwest where recent cases have
been identified
Note: The outbreak will be considered over when we confirm an average of 1 case per week for 8 weeks (two 
average incubation periods) 
Mumps Outbreak Summary 
•
7 cases of mumps (3 confirmed and 4 probable) have been identified since August 2019
•
We typically have 0-11 cases (average 5.6) per year
•
Age range 17-53 years; Median 42 years; Mean 37 years
•
Symptom onset dates from 8/9/19 – 10/3/19
•
There is no link or commonality that connects all/ most cases meaning community spread is likely
•
We are offering a 3rd dose of mumps vaccine to household members of cases, which is supported by
CDC
School Vaccination Rates and Immunization Education Module Pilot Results 
We expect to get the most recent school immunization rates in mid-November. We plan to have a preliminary analysis 
of participating Maricopa County schools comparing immunization rates this year to last year by the end of the 
calendar year. 
Overdose Data to Action Grant 
•
MCDPH has been awarded a $2.5 million grant to address substance use in the county.
•
The goals are to enhance substance use surveillance and use the information to implement and
improve prevention programs.
•
Activities will be split between the Office of Epi and Program Operations / Office of Healthcare
Innovations
•
A total of 20 new positions will be created as part of this grant (7 in the Office of Epidemiology; 2
Prescription Drug Monitoring Program Epidemiologists at the Board of Pharmacy; and 11 positions in
the MCDPH Office of Healthcare Innovations.
•
This grant is separate from the grant dollars awarded to ADHS for opioids
Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
Page 88 of 91

ANNOUNCEMENTS AND CURRENT EVENTS 
•
Next meeting is January 27, 2020
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 at 4:15PM. 
Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
Page 89 of 91

From: Nicole Harden (PHS) 
Sent: Tuesday, September 3, 2024 10:13 AM
Cc: Vera Sampler (PHS) <Vera.Sampler@maricopa.gov>; Karalyn Spicer (PHS)
<Karalyn.Spicer@maricopa.gov>
Subject: FW: Board of Health Notification for MCAQD Rules 204 and 205
Good morning, Members of the Board!
Please review the email below on behalf of the Maricopa County Air Quality
Department.
Thank you!
Nicole Harden (She/Her)
OSCO Division Office Assistant
Public Health
Organizational Support & Community Operations
4041 North Central Avenue, Suite 1400 Phoenix, AZ 85012
O: 480.271.8374
[ Maricopa.Gov ]
Facebook | Instagram | X | YouTube | LinkedIn
Dear Members of the Board of Health,
This email is to notify you that on August 22, 2024, the U.S. Environmental
Protection Agency (EPA) proposed conditional approval of Maricopa County Air
Pollution Control Regulations, Rule 205 (Emission Offsets Generated By
Voluntary Mobile Source Emission Reduction Credits). The proposed conditional
approval identified deficiencies in Rule 205 that must be addressed prior to
being permanently approved into the Arizona State Implementation Plan. Per the
Maricopa County Air Quality Department (MCAQD) Enhanced Regulatory
Outreach Program flow charts, MCAQD is notifying the Board that MCAQD is
revising the rule to address EPA deficiencies. MCAQD plans to hold a
stakeholder workshop on September 17, 2024, to discuss the deficiencies and
remedies with stakeholders.
In addition, this email is to notify you that MCAQD plans to begin the rulemaking
process to revise Rule 204 (Emission Reduction Credit (ERC) Generation,
Certification, And Use). The EPA has not formally acted on Rule 204 but has
informed MCAQD that Rule 204 has many of the same deficiencies as Rule 205
and is not approvable in its current form. MCAQD plans to revise Rule 204
through a stakeholder process to address the rule approvability issues.
Greg Verkamp
Planning Supervisor
Air Quality
301 W. Jefferson St., Suite 410 Phoenix, AZ 85003
C: 602-206-0564
E: Gregory.Verkamp@Maricopa.Gov
[ Maricopa.Gov ]
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Maricopa County • Air Quality Department • Rule 204 Report to the Board of Supervisors
Page 90 of 91

Maricopa County 
Air Quality Department 
Planning and Analysis Division 
Maricopa.gov/AQ