AQ-2019-003-RULE 370-BOSREPORT-2022-02-23.PDF
Extracted text (via pymupdf)
164920 characters
Executive Summary of the Report to the Board of Supervisors Prepared by the Maricopa County Air Quality Department Board Hearing Date: February 23, 2022 Case Number/Title: AQ-2019-003-Rule 370 (Federal Hazardous Air Pollutant Program) Agenda Item: (Pending) Supervisor Districts: All Districts The Maricopa County Air Quality Department (MCAQD) complied with all statutory and county policies throughout this rulemaking process. Per the Enhanced Regulatory Outreach Program (EROP) Policy: “In addition to the required staff report, an executive summary of the report including an overview of stakeholder input and staff responses will be provided to the Board of Supervisors at least one week prior to any Board of Supervisors’ public hearing.” Overview of the Report to the Board of Supervisors: Rule 370 was adopted to establish performance standards for federally listed hazardous air pollutants. Most of the performance standards in Rule 370 are National Emission Standards for Hazardous Air Pollutants (NESHAP) which are promulgated by the U.S. Environmental Protection Agency (EPA) and are incorporated by reference into Rule 370. Section 301.9 of Rule 370 incorporates the asbestos NESHAP by reference and includes additional requirements for demolition and renovation projects in Maricopa County. The MCAQD is proposing to revise the local asbestos provisions in Section 301.9 of Rule 370 to clarify the requirements for demolition and renovation projects in Maricopa County and to remove requirements that are not protective of public health. Additional revisions are also being proposed under Sections 100 and 200 of the rule. With these revisions, Maricopa County will improve and enhance the rule as it pertains to the regulation of asbestos. Overview of Stakeholder Input and Staff Responses: During the rulemaking process, the MCAQD received written comments from three (3) stakeholders. One (1) stakeholder expressed support for the proposed revisions and two (2) stakeholders expressed neither support nor opposition to the proposed revisions. The MCAQD evaluated the comments and drafted responses. The stakeholder comments and the MCAQD responses to the comments are included in Section 9 of the attached Draft Notice of Final Rulemaking. Report to the Board of Supervisors Prepared by the Maricopa County Air Quality Department Board of Health Meeting Date: April 26, 2021 Board Hearing Date: February 23, 2022 Case Number/Title: AQ-2019-003-Rule 370 (Federal Hazardous Air Pollutant Program) Agenda Item: (Pending) Supervisor Districts: All Districts Applicant: Staff Request: Approve proposed revisions to Rule 370 (Federal Hazardous Air Pollutant Program). Rule 370 was adopted to establish performance standards for federally listed hazardous air pollutants. Most of the performance standards in Rule 370 are National Emission Standards for Hazardous Air Pollutants (NESHAP) which are promulgated by the U.S. Environmental Protection Agency (EPA) and are incorporated by reference into Rule 370. Section 301.9 of Rule 370 incorporates the asbestos NESHAP by reference and includes additional requirements for demolition and renovation projects in Maricopa County. The Maricopa County Air Quality Department (MCAQD) is proposing to revise the local asbestos provisions in Section 301.9 of Rule 370 to clarify the requirements for demolition and renovation projects in Maricopa County and to remove requirements that are not protective of public health. Additional revisions are also being proposed under Sections 100 and 200 of the rule. With these revisions, Maricopa County will improve and enhance the rule as it pertains to the regulation of asbestos. The proposed revisions to Rule 370 include the following: • Add Section 104 (Exemptions) to exempt demolition and renovation projects from the requirements of Section 301.9 which take place on a single owner-occupied solely residential parcel which contains 4 or fewer detached dwelling units. • Add the following definitions: AHERA Contractor/Supervisor, AHERA Building Inspector, AHERA Worker, and Dwelling Unit. • Remove the following definitions: Existing Source, Federally Listed Hazardous Air Pollutant, Hazardous Air Pollutant, Major Source, Modification, NESHAP, New Source and Stationary Source. • Revise the definition of Government-Issued Photo Identification Card to delete address from the list of information that needs to be provided on a government-issued photo ID. • Clarify the inspection, sampling, and reporting requirements for asbestos. • Delineate allowable laboratory test methods that can be used to determine the presence of asbestos in sampled material. • Remove the requirement to thoroughly inspect the facility within 12 months of commencement of renovation or demolition activity. A thorough inspection of a facility is still required before the commencement of renovation or demolition activity, but it does not necessarily need to occur within 12 months of commencement of renovation or demolition activity. • Add an exemption to the inspection requirement if the owner or operator assumes the materials present are regulated asbestos containing material (RACM) and complies with all of the reporting, removal, handling, and disposal requirements for RACM. • Add an exemption to the sampling and analysis requirements if the owner or operator assumes the materials present contain asbestos. Any material assumed to contain asbestos does not have to be sampled and analyzed by a laboratory but a determination of its condition and category must still be made. • Add a provision to require the re-inspection of all non-friable asbestos containing material identified during the initial inspection if more than 5 years elapses between the date of the initial inspection and the date when the demolition or renovation activity will commence. • Add a provision to require the inspection of any new materials that are installed in the facility between the date when the facility was inspected for the presence of asbestos and the date when demolition or renovation activities will commence. • Clarify the notification requirements for demolition and renovation projects. • Clarify the viewing device requirements. Viewing devices shall allow the Control Officer to view the asbestos containing waste material and the area where RACM is stripped, removed, or otherwise handled or disturbed without entering the contained area. • Add an exemption from viewing device requirement for projects that are easily viewable and for projects where the installation of a viewing device is infeasible. Support/Opposition: During the rulemaking process, the MCAQD has received written feedback from three (3) stakeholders. One (1) stakeholder expressed support for the proposed revisions and two (2) stakeholders expressed neither support nor opposition to the proposed revisions. 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 January 2019. A Stakeholder Workshop was held on February 24, 2021. The Board of Health approved expedited process rulemaking for Rule 370 on April 26, 2021 and a Notice of Proposed Rulemaking was posted on the EROP website on October 27, 2021. A newspaper notice of the Board of Supervisors public hearing will be published in the Arizona Business Gazette on January 13, 2022 and January 20, 2022. This regulatory change will take effect immediately upon approval by the Board of Supervisors. Presented By: Philip A. McNeely, R.G., Director Prepared By: Planning and Analysis Division Attachments: Preamble required by Arizona Revised Statutes (A.R.S.) § 49- 471.07 (See the Draft Notice of Final Rulemaking) Summary of the proposed regulatory change (See Item 4 of the Draft Notice of Final Rulemaking) Analysis of input received during the process and how that input was responded to (See Item 9 of the Draft Notice of Final Rulemaking) Language of proposed regulatory change or amendment (See the Draft Notice of Final Rulemaking) Minutes from Board of Health meeting Copies of all written and electronic Stakeholder input DRAFT NOTICE OF FINAL RULEMAKING MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 370: FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM The Maricopa County Air Quality Department (MCAQD) is proposing to amend Rule 370 (Federal Hazardous Air Pollutant Program). The Control Officer is posting this Draft Notice of Final Rulemaking on the Maricopa County Enhanced Regulatory Outreach Program (EROP) website as part of the Report to the Board of Supervisors, in accordance with the Maricopa County EROP Policy. This notice includes the preamble, as prescribed in A.R.S. § 49-471.05, and the full text of the rule, including the intended actions to make new sections or amend, repeal, or renumber the sections of the rule. This notice also includes a list of all previous notices posted on the Maricopa County EROP website addressing the proposed rule and the concise explanatory statement prescribed in A.R.S. § 49-471.07, subsection B. PREAMBLE 1. Statutory authority for the rulemaking: A.R.S. §§ 49-112, 49-474, 49-479 and 49-480 2. Name and address of department personnel with whom persons may communicate regarding the rulemaking: Name: Will Adrian or Kimberly Butler Maricopa County Air Quality Department Planning and Analysis Division Address: 301 W Jefferson Street, Suite 410 Phoenix, AZ 85003 Telephone: (602) 506-6010 Fax: (602) 506-6179 Email: AQPlanning@maricopa.gov Online: Submit a Comment 3. Rulemaking process: This rulemaking (AQ-2019-003-Rule 370) is following procedures identified in state statutes and the Maricopa County EROP Policy. The following rulemaking steps have been completed: County Manager Briefing: January 2019 Stakeholder Workshop: February 24, 2021 Board of Health Meeting to Approve Expedited Process Rulemaking: April 26, 2021 Notice of Proposed Rulemaking: October 27, 2021 Return to list of attachments Board of Supervisors Formal Meeting to Set the Public Hearing: January 12, 2022 Board of Supervisors Public Hearing: February 23, 2022 4. Explanation of the rule, including the control officer's reasons for initiating the rulemaking: Rule 370 establishes performance standards for federally listed hazardous air pollutants. Most of the performance standards in Rule 370 are National Emission Standards for Hazardous Air Pollutants (NESHAP) which are promulgated by the U.S. Environmental Protection Agency and are incorporated by reference into Rule 370. Section 301.9 of Rule 370 incorporates the asbestos NESHAP by reference and includes additional requirements for demolition and renovation projects in Maricopa County. In this rulemaking, the MCAQD is proposing to revise the local asbestos provisions in Section 301.9 of Rule 370 to clarify the requirements for demolition and renovation projects in Maricopa County and to remove requirements that are not protective of public health. Additional revisions are also being proposed under Sections 100 and 200 of the rule. With these revisions, Maricopa County will improve and enhance the rule as it pertains to the regulation of asbestos. The proposed revisions to Rule 370 include the following: Add Section 104 (Exemptions) to exempt demolition and renovation projects from the requirements of Section 301.9 which take place on a single owner-occupied solely residential parcel which contains 4 or fewer detached dwelling units. Add the following definitions: AHERA Contractor/Supervisor, AHERA Building Inspector, AHERA Worker, and Dwelling Unit. Remove the following definitions: Existing Source, Federally Listed Hazardous Air Pollutant, Hazardous Air Pollutant, Major Source, Modification, NESHAP, New Source and Stationary Source. Revise the definition of Government-Issued Photo Identification Card to delete address from the list of information that needs to be provided on a government- issued photo ID. Clarify the inspection, sampling, and reporting requirements for asbestos. Delineate allowable laboratory test methods that can be used to determine the presence of asbestos in sampled material. Remove the requirement to thoroughly inspect the facility within 12 months of commencement of renovation or demolition activity. A thorough inspection of a facility is still required before the commencement of renovation or demolition activity, but it does not necessarily need to occur within 12 months of commencement of renovation or demolition activity. Add an exemption to the inspection requirement if the owner or operator assumes the materials present are regulated asbestos containing material (RACM) and Return to list of attachments complies with all of the reporting, removal, handling, and disposal requirements for RACM. Add an exemption to the sampling and analysis requirements if the owner or operator assumes the materials present contain asbestos. Any material assumed to contain asbestos does not have to be sampled and analyzed by a laboratory but a determination of its condition and category must still be made. Add a provision to require the re-inspection of all non-friable asbestos containing material identified during the initial inspection if more than 5 years elapses between the date of the initial inspection and the date when the demolition or renovation activity will commence. Add a provision to require the inspection of any new materials that are installed in the facility between the date when the facility was inspected for the presence of asbestos and the date when demolition or renovation activities will commence. Clarify the notification requirements for demolition and renovation projects. Clarify the viewing device requirements. Viewing devices shall allow the Control Officer to view the asbestos containing waste material and the area where RACM is stripped, removed, or otherwise handled or disturbed without entering the contained area. Add an exemption from viewing device requirement for projects that are easily viewable and for projects where the installation of a viewing device is infeasible. 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. Not applicable. 6. An economic, small business and consumer impact statement: The following discussion addresses each of the elements required for an economic, small business and consumer impact statement, as prescribed by A.R.S. §§ 41-1055, subsections A, B and C, and 41-1035: An identification of the proposed rulemaking, including all of the following: (a) The conduct and its frequency of occurrence that the rule is designed to change. This rulemaking is proposing to revise the local asbestos provisions in Rule 370 to clarify the requirements for demolition and renovation projects in Maricopa County and to remove requirements that are not protective of public health. With these revisions, the MCAQD will improve and enhance the rule as it pertains to the regulation of asbestos. The revisions are explained in more detail in Item #4 of this notice. (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. This rulemaking is proposing to revise the local asbestos provisions in Rule 370 to clarify the requirements for demolition and renovation projects in Maricopa County and to remove requirements that are not protective of public health. With these revisions, the MCAQD will improve and enhance the rule as it pertains to the regulation of asbestos. The revisions are explained in more detail in Item #4 of this notice. (c) The estimated change in frequency of the targeted conduct expected from the rule change. As with other rules, the MCAQD will use education, outreach, and other compliance assurance tools to increase the number of people in compliance with the revised rule. The MCAQD strives to achieve the highest possible compliance rates. A brief summary of the information included in the economic, small business and consumer impact statement. The economic, small business and consumer impact statement 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. Name and address of agency employees who may be contacted to submit or request additional data on the information included in the economic, small business and consumer impact statement. Name: Will Adrian or Kimberly Butler Maricopa County Air Quality Department Planning and Analysis Division Address: 301 W Jefferson Street, Suite 410 Phoenix, AZ 85003 Telephone: (602) 506-6010 Fax: (602) 506-6179 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. This rulemaking will directly affect owners of buildings and facilities in Maricopa County that contain asbestos as well as contractors who conduct renovation and demolition activities. 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. This rulemaking should not impose any new costs on the MCAQD or on any other agencies affected by the proposed rulemaking. (b) The probable costs and benefits to a political subdivision of this state directly affected by the implementation and enforcement of the proposed rulemaking. This rulemaking should not impose any new costs on political subdivisions of this state affected by the proposed rulemaking. (c) The probable costs and benefits to businesses directly affected by the proposed rulemaking, including any anticipated effect on the revenues or payroll expenditures of employers who are subject to the proposed rulemaking. This rulemaking should not impose any new costs on businesses in Maricopa County. The removal of certain provisions (such as the 12 month inspection requirement) will benefit businesses that conduct renovation or demolition work by extending the validity of their initial inspection for up to five years which will allow them to avoid additional costs associated with reinspection if work is not started within 12 months of the initial inspection. 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. This rulemaking should have no impact on private or public employment in businesses, agencies, and political subdivisions of this state. 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. Small business owners that may be subject to the proposed rulemaking include owners of commercial or residential properties and small contracting and consulting businesses. (b) The administrative and other costs required for compliance with the proposed rulemaking. This rulemaking does not impose any significant new costs for small businesses. (c) A description of the methods that the agency may use to reduce the impact on small businesses. i. Establish less stringent compliance or reporting requirements in the rule for small businesses. This rulemaking does not impose any significant new compliance requirements on small businesses and does not establish any significant new reporting requirements for small businesses. ii. Establish less stringent schedules or deadlines in the rule for compliance or reporting requirements for small businesses. This rulemaking does not impose any significant new compliance requirements on small businesses and does not establish any significant new reporting requirements for small businesses. iii. Consolidate or simplify the rule's compliance or reporting requirements for small businesses. This rulemaking does not impose any significant new compliance requirements on small businesses and does not establish any significant new reporting requirements for small businesses. iv. Establish performance standards for small businesses to replace design or operational standards in the rule. This rulemaking does not impose any new design or operational requirements on small businesses. v. Exempt small businesses from any or all requirements of the rule. This rulemaking contains an exemption for demolition or renovation activity involving any single owner-occupied solely residential parcel which contains 4 or fewer detached dwelling units. (d) The probable cost and benefit to private persons and consumers who are directly affected by the proposed rulemaking. This rulemaking should not result in any significant costs for private persons and consumers. A statement of the probable effect on state revenues. The rulemaking will not impose increased monetary or regulatory costs on other state agencies, political subdivisions of this state, persons, or individuals so regulated. Without costs to pass through to customers, there is no projected change in consumer purchase patterns and, thus, no impact on state revenues from sales taxes. A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed rulemaking, including the monetizing of the costs and benefits for each option and providing the rationale for not using nonselected alternatives. This rulemaking is proposing to revise the local asbestos provisions in Rule 370 to clarify the requirements for demolition and renovation projects in Maricopa County and to remove requirements that are not protective of public health. With these revisions, the MCAQD will improve and enhance the rule as it pertains to the regulation of asbestos. 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. Not applicable. 7. The proposed effective date of the rule: The proposed effective date of this rulemaking is February 23, 2022. 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: 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 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. The MCAQD is in compliance with A.R.S. § 49-479(C) as the proposed revisions to Rule 370 would not be making the rule any stricter. The rulemaking is intended to clarify the requirements for demolition and renovation projects in Maricopa County and to remove requirements that are not protective of public health. 9. List of all previous notices posted to the Maricopa County EROP website addressing the proposed rule and a concise explanatory statement, as prescribed by A.R.S. § 49- 471.07, subsection B: (a) List of all previous notices posted to the Maricopa County EROP website addressing the proposed rule: Notice Date of Posting Briefing Notification to County Manager February 8, 2019 Notice of Stakeholder Workshop February 3, 2021 Notice of Board of Health Meeting April 12, 2021 Notice of Proposed Rulemaking October 27, 2021 (b) The following discussion addresses each of the elements required for a concise explanatory statement, as prescribed by A.R.S. § 49-471.07, subsection B: i. A description of any change between the proposed rule or ordinance, the final rule or ordinance or notice of final supplemental rule or ordinance. No changes were made after the Notice of Proposed Rulemaking was published on October 27, 2021. ii. A summary of the comments and arguments for and against the notice and the county’s response to the comments and arguments. The following discussion evaluates the arguments for and against the rule and includes responses to comments received on the proposed rule or the preamble in the Notice of Proposed Rulemaking. The MCAQD received written comments from three (3) stakeholders. All of the comments were reviewed and evaluated by the MCAQD. Comment #1: [Our City] appreciates this opportunity to provide comments regarding the proposed revisions to Rule 370. The City has reviewed the proposed changes and agrees with the elimination of the 12-month inspection requirement coupled with the incorporation of a 5-year reinspection requirement for non-friable ACM and the requirement to inspect new materials. The City agrees this will ease the regulatory burden while still protecting the environment and health. The City also agrees with the proposed revision that ordered demolitions will no longer be exempt from the use of amended water, as using amended water is a best management practice that is protective of the environment. The City supports the proposed revisions to Rule 370. These revisions clarify requirements and reduce duplication. Response #1: The MCAQD appreciates your support for the proposed changes. The exemption for the use of amended water for ordered demolitions was re-inserted into the draft rule as the Maricopa County Moratorium on Increased Regulatory Burden prevents the MCAQD from making the rule more stringent. Comment #2: Sec. 104 (Exemptions) Changes the wording so that 4 separate buildings would be exempt instead of 1 building with 4 units. - Can a delegated jurisdiction circumvent the federal regulation? - Is this circumvention? - Is this like a “homestead exemption”? - Or, is this actually exempting up to 4 buildings at one demo site? Return to list of attachments (All references of “fully comply with all requirements of 40 CFR 61, Subpart M” have been removed (?)). (I need to research and collect ADIs and FR notices on the subject.) (I know that one of EPA’s justifications for the single residential building exemption was the national health agency at the time ruled that the demolition or renovation of a single house would not materially affect the ambient air level of asbestos.) Response #2: Thank you for your comment. The MCAQD considered your comment and replaced the words “residential buildings” with “dwelling units”. Section 104 (Exemptions) now reads as follows: Section 301.9 shall not apply to demolition or renovation activity involving any single owner-occupied solely residential parcel which contains 4 or fewer detached dwelling units. All references to “fully comply with all requirements of 40 CFR, Subpart M” were not removed. Section 301 of Rule 370 states: “Each owner or operator subject to the requirements of the following subparts [including Subpart M] shall comply with the requirements of those subparts and the additional requirements set forth herein.” Comment #3: Definitions: Good definitions of the 3 AHERA certified persons (I, CS, W). Does this requirement for and definition of “AHERA Worker” give MCAQD authority to cite an owner/operator who employs a worker on a regulated (RACM) facility site that is not trained, but has an apparently valid certificate? Dwelling Unit: As defined here and used in the federal NESHAP definition of “Facility” seem to contradict the reasoning behind the Exemption at 104. Response #3: Thank you for the comment. Any worker handling or disturbing RACM must be certified as either an AHERA worker or an AHERA contractor/supervisor. With regards to certification, all AHERA workers and contractor/supervisors must make available a legible copy of a current training certificate for inspection at all times. The MCAQD may cite an owner/operator who employs a worker to handle or disturb RACM that is not AHERA certified. The MCAQD revised Section 104 (Exemptions) as follows: Section 301.9 shall not apply to demolition or renovation activity involving any single owner-occupied solely residential parcel which contains 4 or fewer detached dwelling units. Comment #4: Good statement under 301.9, a: Definition of a ‘thorough inspection’. Response #4: The MCAQD appreciates your support for the proposed changes. Comment #5: Good requirement for an inspection report and the elements of the report at 301.9, a, (2) Response #5: The MCAQD appreciates your support for the proposed changes. Comment #6: Good that the outline parallels the federal reg at 61.145: Applicability, Notification, Procedures. It looks intentional. Response #6: The MCAQD appreciates your support for the proposed changes. Comment #7: Good that it references electronic submittals. Response #7: The MCAQD appreciates your support for the proposed changes. Comment #8: Good that it clarifies that the rules apply to regulated (RACM) work, not non-regulated. Response #8: The MCAQD appreciates your support for the proposed changes. Comment #9: Good that the paragraph on transport requirements on Cat. 1 and Cat. 2 non-friable was removed. It should never have been in the asbestos NESHAP reg. Response #9: The MCAQD appreciates your support for the proposed changes. Comment #10: Good that waste is referred to as ACWM instead of RACM in several places. Response #10: The MCAQD appreciates your support for the proposed changes. Comment #11: I like the work that MCAQD did in cleaning up the local NESHAP. It is much more understandable and usable than the previous version. I especially like the inclusion of CARB 435 as an acceptable analytical method (not because I am a fan of the CARB method, but now we can easily prove that processed vermiculite is not ACM, and be done with that). It is easy to see that the goal was to make it simpler to understand and comply, instead of prescribing more rules for the sake of control as many local jurisdictions have done. BUT: we need a clarification of “Exemption”. The intent is probably good, I don’t know, but to play with the words of the federal regulation to accomplish a goal is not good. I believe that the intent of the federal regulation was always 4 dwelling units in a SINGLE building. However, I am all for the concept of a “farmstead exemption” Response #11: Thank you for your comment. The MCAQD has considered your comment and revised Section 104 (Exemptions) as follows: Section 301.9 shall not apply to demolition or renovation activity involving any single owner-occupied solely residential parcel which contains 4 or fewer detached dwelling units. Comment #12: “Section 301.9a: …The requirement to inspect for the presence of asbestos shall not apply if the owner or operator assumes that the materials present are RACM and complies with all requirements that are applicable to the removal, handling, and disposal of RACM…” [Our City], as an owner and operator of a water and gas utility, is aware of the presence of asbestos cement pipe (ACP) and asbestos-containing gas pipe coating buried throughout the city. These materials are easily visually identified as asbestos- containing and in most cases are identified in as-built drawings or in the City’s GIS utility maps. As a matter of policy, the City has chosen to forego the traditional approach to sampling these materials for confirmation of asbestos content, and we assume that they contain asbestos and treat them as non-regulated Category II Non- Friable asbestos containing materials (ACM). Our interpretation of Section 301.9a would be that these policies are no longer allowable as these materials are now to be considered regulated ACM (RACM) when asbestos content is assumed. By their nature, these materials are generally buried underground, leaving the City with no other option than to assume asbestos content absent a qualified inspector’s ability to access them prior to a project. According to the language of this section, the materials must now be sampled following excavation to eliminate the requirement to qualify them as RACM. This is untenable since, at a minimum, a qualified inspector must arrive at the site, collect a sample, wait for the laboratory’s report, then issue an inspection report in compliance with 301.9a(2)(a)-(d). Lastly, since the designation of RACM requires two elements (asbestos contents greater than 1%, and friability – ability of the material to be crushed into a powder using hand pressure), an intact and assumed asbestos containing material that is not friable should never be considered RACM. [Our City] respectfully requests that the language of this section be changed to allow owners to assume asbestos content of traditionally non-friable asbestos containing materials without the automatic assumption that these materials will be considered RACM and be required to be removed, handled, and disposed of as such. Response #12: Owners and operators may assume materials are asbestos- containing, however; they cannot assume the condition (i.e. friability) and category of the materials without a determination by an AHERA building inspector. A determination of the condition and category of the material does not require the material be sent to a laboratory. The condition and category can be determined by an examination of the material (i.e. can be crumbled, pulverized, or reduced to powder by hand pressure) and by considering the activity which will impact it during demolition or renovation. Bulk sampling and laboratory testing are only required to prove that materials in each homogenous area are not asbestos containing. In the case of asbestos containing underground pipes (which are generally understood to be non-friable unless discovered to be damaged), only the areas that are being cut or broken through mechanical means should be considered in the RACM quantification. If the area of pipe being inspected for friability is found to be in good condition, then the length of the pipe being removed can be assumed to also be non-friable as one homogenous material. Rule language has been subsequently added to section 301.9a(1)(a) indicating that laboratory analysis of a material is not required if it is assumed to be asbestos- containing material, but that an AHERA building inspector must still provide determination and documentation of the condition and category of the material per 301.9a(2)(c) and (d). Additionally the term “category” has been included within rule language of section 301.9a(2)(d) for the purpose of further describing asbestos- containing material condition during demolition and renovation activities. Comment #13: “Section 301.9a(3): If more than 5 years has elapsed between the date when the facility was inspected for the presence of asbestos and the date when the demolition or renovation activity will commence, the owner or operator shall have each non-friable ACM re-inspected by an AHERA building inspector to determine if the ACM is still non-friable. This re-inspection shall occur prior to the commencement of demolition or renovation activity. The re-inspection must be documented in a written report that meets the requirements in Section 301.9(a)(2) of this rule.” As written, this section indicates that if a facility has been inspected greater than 5 years prior to the commencement of demolition or renovation activity, then only the materials identified as non-friable need to be re-inspected to determine that they have not become friable in that time frame. If a qualified inspector were to assess that there were no new materials installed and that there were no materials identified as non-friable ACM in the original inspection report, the 5-year timeframe appears irrelevant. [Our City] respectfully requests that the language of this section be clarified to reflect Maricopa County’s intent whether an owner is to assess all previously identified materials or only the non-friable ACMs after 5 years have elapsed. Response #13: The MCAQD reviewed the language in this section and determined it is clear as currently written. It is correct that only previously sampled materials that were determined to contain non-friable ACM at the time of the initial inspection would need to be re-inspected after the five year period has elapsed. This is because the condition of ACM can change over time - particularly if the material is exposed to heat, sunlight, abrasion, or chemicals – and therefore, would need to be re- evaluated for friability. Reinspection is not necessary for materials that were originally determined to not contain any ACM. EXACT WORDING OF THE RULE MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 370 FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM INDEX Return to list of attachments SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 FEDERAL DELEGATION AUTHORITY 104 EXEMPTIONS SECTION 200 – DEFINITIONS 201 ADMINISTRATOR 202 AHERA BUILDING INSPECTOR 203 AHERA CONTRACTOR/SUPERVISOR 204 AHERA WORKER 202 205 AMENDED WATER 206 DWELLING UNIT 203 EXISTING SOURCE 204 FEDERALLY LISTED HAZARDOUS AIR POLLUTANT 205 207 GOVERNMENT-ISSUED PHOTO IDENTIFICATION CARD 206 HAZARDOUS AIR POLLUTANT 207 MAJOR SOURCE 208 MODIFICATION 209 NESHAP 210 NEW SOURCE 211 STATIONARY SOURCE SECTION 300 – STANDARDS 301 EMISSION STANDARDS OF PERFORMANCE FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS 302 EMISSION STANDARDS OF PERFORMANCE FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 303 ADDITIONAL REQUIREMENTS SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 CONTROL TECHNOLOGY DETERMINATIONS FOR MAJOR SOURCES IN ACCORDANCE WITH CLEAN AIR ACT SECTIONS, SECTIONS 112(g) AND 112(j) 402 COMPLIANCE EXTENSIONS FOR EARLY REDUCTION OF FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) Revised 07/13/1988; Revised 04/06/1992; Repealed and Adopted 11/15/1993; Revised 11/20/1996; Revised 05/14/1997; Revised 05/20/1998; Revised 08/19/1998; Revised 03/01/2000; Revised 03/07/2001; Revised 11/19/2003; Revised 03/15/2006; Revised 12/17/2008; Revised 09/16/2009; Revised 07/07/2010; Revised 08/17/2011; Revised 07/25/2012; Revised 03/26/2014; Revised 11/05/2014; Revised 11/18/2015; Revised 11/02/2016; Revised 12/13/2017; Revised 11/07/2018; Revised 10/23/2019; Revised 11/18/2020; and Revised 10/20/2021; and Revised MM/DD/YYYY. MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 370 FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM SECTION 100 – GENERAL 101 PURPOSE: To establish emission standards for federally listed hazardous air pollutants. 102 APPLICABILITY: The provisions of this rule apply to the owner or operator of any stationary source for which a standard is prescribed under this rule, and for which federal delegation of the implementation and enforcement of the standards to the Maricopa County Air Quality Department (MCAQD) has been accomplished. Any such stationary source must also comply with other Maricopa County Air Pollution Control Regulations. 103 FEDERAL DELEGATION AUTHORITY: The MCAQD shall enforce the national emission standards for hazardous air pollutants National Emission Standards for Hazardous Air Pollutants (NESHAPs) (40 CFR 61 and 40 CFR 63) listed in Section 300 of this rule which have been delegated to the County by the United States Environmental Protection Agency (EPA) for such enforcement. The MCAQD in addition, may enforce such other NESHAPs as delegated for such enforcement by the EPA to the County. 104 EXEMPTIONS: Section 301.9 shall not apply to demolition or renovation activity involving any single owner-occupied solely residential parcel which contains 4 or fewer detached dwelling units. 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 rules. In the event of any inconsistency between any of the Maricopa County Air Pollution Control Regulations, the definitions in this rule take precedence. 201 ADMINISTRATOR: As used in Parts 61 and 63, Title 40, Code of Federal Regulations, shall mean the Control Officer, except that the Control Officer shall not be empowered to approve alternate or equivalent test methods, alternative standards/work practices, or exercise any other nondelegable authorities, except as specifically provided in each subpart. 202 AHERA BUILDING INSPECTOR: A currently certified Asbestos Hazard Emergency Response Act (AHERA) Building Inspector, who has completed the building inspector training described in Appendix C to 40 CFR 763, Subpart E. 203 AHERA CONTRACTOR/SUPERVISOR: A currently certified Asbestos Hazard Emergency Response Act (AHERA) Contractor/Supervisor, who has completed the contractor/supervisor training described in Appendix C to 40 CFR 763, Subpart E. 204 AHERA WORKER: A currently certified Asbestos Hazard Emergency Response Act (AHERA) Worker, who has completed the worker training described in Appendix C to 40 CFR 763, Subpart E. 202 205 AMENDED WATER: Water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate asbestos-containing material (ACM). 206 DWELLING UNIT: A building or structure, or a part of a building or structure, that is used for a home or residence by one or more persons who maintain a household, including a mobile home regardless of ownership of the land. 203 EXISTING SOURCE: Any stationary source other than a new source. 204 FEDERALLY LISTED HAZARDOUS AIR POLLUTANT: Any air pollutant listed pursuant to Section 112(b) of the Act. 205 207 GOVERNMENT-ISSUED PHOTO IDENTIFICATION CARD: Includes, but is not limited to, a valid driver's license, a valid non-operating identification license, a valid tribal enrollment card or tribal identification card, or other valid government issued photo identification that includes the name, address, and photograph of the card holder. 206 HAZARDOUS AIR POLLUTANT: Any air pollutant regulated under Section 112 of the Act, any air pollutant subject to NESHAP, or any air pollutant designated by the Director as a hazardous air pollutant pursuant to A.R.S. § 49-426.04. 207 MAJOR SOURCE: A stationary source or group of stationary sources located within a contiguous area, and under common control, and that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any federally listed hazardous air pollutant or 25 tons per year or more of any combination of federally listed hazardous air pollutants. A lesser quantity or, in the case of radionuclides, a different criteria may be established by the Administrator pursuant to Section 112 of the Act and may be adopted by the Board of Supervisors by rule. 208 MODIFICATION: Any physical change in, or change in the method of operation of a major source which increases the actual emissions of any federally listed hazardous air pollutant emitted by such source by more than a de minimis amount, or which results in the emission of any federally listed hazardous air pollutant, not previously emitted by more than a de minimis amount. 209 NESHAP: National emission standards for hazardous air pollutants pursuant to 40 CFR Part 61 and Part 63. 210 NEW SOURCE: A stationary source, the construction or reconstruction of which commences after the Administrator first proposes regulations under Section 112 of the Act establishing an emission standard applicable to such source. 211 STATIONARY SOURCE: Any building, structure, facility, or installation which emits or may emit any air pollutant. SECTION 300 – STANDARDS 301 EMISSION STANDARDS OF PERFORMANCE FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS: The federally listed hazardous air pollutants as listed in TABLE 370-1. FEDERAL LIST OF HAZARDOUS AIR POLLUTANTS of this rule and the following federal regulations located in the U.S. Code of Federal Regulations, Part 61 of Title 40, Subchapter C (CFR) as codified on July 1, 2021, are herein incorporated by reference with the listed exclusions, in Maricopa County’s Air Pollution Control Regulations. This incorporation by reference includes no future editions or amendments. Each owner or operator subject to the requirements of the following subparts shall comply with the requirements of those subparts and the additional requirements set forth herein. Incorporation by reference does not include nondelegable functions of the EPA Administrator. 301.1 Subpart A—General Provisions; exclude any sections dealing with equivalency determinations that are nontransferable through Section 112(e)(3) of the Act. 301.2 Subpart C—National Emission Standard for Beryllium. 301.3 Subpart D—National Emission Standard for Beryllium Rocket Motor Firing. 301.4 Subpart E—National Emission Standard for Mercury. 301.5 Subpart F—National Emission Standard for Vinyl Chloride. 301.6 Subpart G—(Reserved) 301.7 Subpart J—National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene. 301.8 Subpart L—National Emission Standard for Benzene Emissions from Coke By- Product Recovery Plants. 301.9 Subpart M—National Emission Standard for Asbestos. In addition, each owner or operator of a demolition or renovation activity involving a facility as defined in 40 CFR 61, Subpart M shall: a. Each owner or operator of a demolition activity or renovation activity involving a facility as defined in 40 CFR 61, Subpart M shall: Prior to the commencement of demolition or renovation activity listed in 40 CFR 61.145(a)(1)-(4), thoroughly inspect the facility, or the part of the facility where demolition activity or renovation activity will occur, for the presence of asbestos, including Category I and Category II nonfriable asbestos-containing material (ACM) and regulated asbestos-containing material (RACM). For the purpose of this rule, thoroughly inspect means that all ACM has been identified and quantified, and all RACM has been accurately categorized. The requirement to inspect for the presence of asbestos shall not apply if the owner or operator assumes that the materials present are RACM and complies with all requirements that are applicable to the removal, handling, and disposal of RACM. In addition: (1) Fully comply with all requirements of 40 CFR 61, Subpart M. The thorough inspection for the presence of asbestos must be conducted by an AHERA building inspector. (a) An AHERA building inspector may assume a given material contains asbestos. Any material assumed to contain asbestos does not have to be sampled and analyzed by a laboratory but a determination of its condition (i.e. friability) and category must be made and documented as specified in 301.9(a)(2)(c) and (d). (2) Thoroughly inspect the facility within 12 months of commencement of demolition or renovation activity for the presence of asbestos, including Category I and Category II nonfriable ACM. Include the date of this inspection on the written notification. The inspection for the presence of asbestos must be documented in a written report that meets all of the following requirements: (a) Clearly identifies all materials that were sampled and provides a legible copy of the laboratory chain of custody indicating who collected the samples; (b) Includes analytical results from a laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) showing that samples analyzed for the presence of asbestos were analyzed using one of the following test methods: (i) Interim Method of the Determination of Asbestos in Bulk Insulation Samples (as specified in Appendix E to Subpart E of 40 CFR Part 763); (ii) Method for the Determination of Asbestos in Bulk Building Materials (EPA/600/R-93/116); (iii) Electron Microscopy Analytical Method, as described in EPA/600/R-93/116; or (iv) Determination of Asbestos Content of Serpentine Aggregate (California Air Resources Board Test Method 435), when applicable. (c) Categorizes all ACM as Category I nonfriable ACM, Category II nonfriable ACM, or RACM, in accordance with the definitions in 40 CFR 61, Subpart M; and (d) Clearly describes and identifies the location, condition, category, and quantity of all ACM. Determination of the category of the material must take into account the condition of the material during the demolition and renovation activity. (3) If more than five (5) years has elapsed between the date when the facility was inspected for the presence of asbestos and the date when the demolition or renovation activity will commence, the owner or operator shall have each non-friable ACM re-inspected by an AHERA building inspector to determine if the ACM is still non-friable. This re-inspection shall occur prior to the commencement of demolition or renovation activity. The re- inspection must be documented in a written report that meets the requirements in Section 301.9(a)(2) of this rule. (4) If new materials are installed in the facility between the date when the facility was inspected for the presence of asbestos and the date when the demolition or renovation activity will commence, the owner and operator shall have each new material inspected for the presence of asbestos by an AHERA building inspector prior to the commencement of demolition or renovation activity. The inspection of new materials must be documented in a written report that meets the requirements in Section 301.9(a)(2) of this rule. (5) Each owner and operator shall maintain a complete copy of the written report required by Sections 301.9(a)(2), 301.9(a)(3), and 301.9(a)(4) of this rule for two years from the completion of the demolition or renovation activity. A complete copy of each written report shall be on-site and available for inspection during all demolition and renovation activities. b. Prior to the commencement of any demolition or renovation activity listed in 40 CFR 61.145(a)(1)-(4), provide the Control Officer with notification of intention to demolish or renovate in the manner described in 40 CFR 61.145(b). In addition: (1) The written notification shall include the date on which the facility was inspected for the presence of asbestos. (2) The written notification shall be submitted through MCAQD’s online user portal with a verified CROMMER signature. (3) At the time when the written notification is provided to the Control Officer, a copy of the applicable written report(s) required by Sections 301.9(a)(2), 301.9(a)(3), and 301.9(a)(4) of this rule shall be in the possession of the owner or operator. The owner or operator shall make the written report available without delay upon request of the Control Officer. (4) Update all notifications in accordance with 40 CFR 61.145(b). For renovations All notifications, excluding notifications for renovation operations described in 40 CFR 61.145(a)(4)(iii), notifications shall expire every December 31, with new notices required at least 10 working days before the end of the calendar year preceding the year for which notice is being given. All other notifications shall expire one year from either the original postmark date or commercial delivery date or date of hand delivery to the Control Officer. the date of electronic submittal with a verified CROMMER signature. (5) For a demolition activity or renovation activity that continues beyond the expiration date, the owner or operator of the demolition or renovation activity shall notify submit a new notification to the Control Officer in accordance with 40 CFR 61.145(b) at least 10 working days prior to the expiration of the original notice and pay all applicable fees prescribed by Rule 280 of these rules. (6) Notifications for renovation operations described in 40 CFR 61.145(a)(4)(iii) shall be submitted at least 10 working days before the end of the calendar year preceding the year for which notice is being given and shall expire on December 31 of the calendar year for which notice is given. (5) (7) Pay all applicable fees prescribed by Rule 280 of these rules. b. In addition, each owner or operator of a demolition activity or renovation activity shall comply with the following requirements: (1) Certification, training, and record keeping requirements: (a) All facilities scheduled for demolition or renovation shall be inspected by a currently certified Asbestos Hazard Emergency Response Act (AHERA) accredited asbestos building inspector (herein referenced as inspector), as required by either AHERA or the Asbestos School Hazard Abatement Reauthorization Act (ASHARA). (b) Each owner and operator of a facility shall maintain a copy of any reports of inspections made for a facility for two years from completion of project, including laboratory test results of samples collected. A copy of the inspection reports and laboratory test results shall be on-site and available for inspection at the facility, upon request of the MCAQD, during all demolition and renovation (asbestos setup, removal, handling, collecting, containerizing, cleanup and dismantling) activities. (c) All asbestos workers shall maintain current AHERA worker certification. All asbestos contractor/supervisors shall maintain current AHERA/ASHARA contractor/supervisor certification and shall be on- site at all times during any active asbestos abatement work at or above NESHAP threshold amounts. A legible copy of all asbestos workers and contractor/supervisor's current training certificates from an EPA accredited training provider shall be available for inspection at all times at the demolition or renovation site. (d) All asbestos workers and contractor/supervisors shall have color photo identification on-site and available for inspection, upon request of the MCAQD, at all times during asbestos setup, removal, handling, collecting, containerizing, cleanup and dismantling. The color photo identification shall be from an EPA accredited training provider verifying the certification requirements in section (b)(1)(c), or a current government-issued photo identification card. c. Comply with the following requirements for any demolition or renovation activities listed in 40 CFR 61.145(a)(1), 40 CFR 61.145(a)(3), and 40 CFR 61.145(a)(4): (1) Any person that strips, removes, or otherwise handles or disturbs any RACM shall be an AHERA worker or an AHERA contractor/supervisor. In addition: (a) At least one AHERA contractor/supervisor shall be on-site at all times when RACM is stripped, removed, or otherwise handled or disturbed. (b) A legible copy of the current training certificate for each AHERA worker and each AHERA contractor/supervisor shall be available for inspection at all times. (c) Clearly visible and legible photo identification for each AHERA worker and each AHERA contractor/supervisor shall be on-site and available for inspection, upon the request of the Control Officer, at all times when RACM is stripped, removed, or otherwise handled or disturbed. The photo identification shall be from the trainer who provided training in accordance with Appendix C to 40 CFR 763, Subpart E, or a current government-issued photo identification card. (2) Asbestos renovation and demolition standards: (2) All RACM, including Category I nonfriable ACM and Category II nonfriable ACM that have become friable, shall be contained in transparent, leak-tight wrapping and shall remain adequately wet to prevent emissions during removal, transport, storage, and proper landfill disposal in accordance with local, county, state, and federal regulations. (a) A facility owner or operator shall not create visible dust emissions when removing or transporting to the disposal site Category I nonfriable asbestos- containing material (ACM) and Category II nonfriable ACM that remain nonfriable Category I ACM and nonfriable Category II ACM. (b) (3) Inspection viewing devices at facilities are required at all asbestos renovation projects whregulated asbestos-containing material (RACM)times when RACM is stripped, removed, or otherwise handled or disturbed.being abated, except for roofing projects involving Category I nonfriable ACM and Category II nonfriable ACM exclusively. Viewing devices shall be so designed as to allow an inspector the Control Officer to view the facility from the outside asbestos-containing waste material (ACWM) and the area where RACM is stripped, removed, or otherwise handled or disturbed without entering the contained area where the ACWM is stored and the activity is occurring, either through ports or by video monitoring. Viewing devices are not required if walls or other barriers do not prevent the Control Officer from viewing the area where ACWM is stored and the area where RACM is stripped, removed, or otherwise handled or disturbed. Viewing devices are not required if the installation or use of a viewing device is infeasible for a specific area where RACM will be stripped, removed, or otherwise handled or disturbed. (c) (4) All exposed RACM subject to cutting or dismantling demolition or renovation operations and all RACM being removed from a facility or a facility component shall be kept adequately wet by using amended water to control the release of asbestos fibers, except as provided below:. The use of amended water will not be required in the case of an ordered demolition, as defined in 40 CFR 61.145(a)(3), where the debris is suspected to contain or is known to contain ACM, however ordered demolitions are subject to 40 CFR 61.145(c)(9). Specific exemptions are listed under 40 CFR 61.145(c)(3)(i)(A), 40 CFR 61.145(c)(3)(ii) and/or 40 CFR 61.145(c)(7)(i). To claim these exemptions, the owner or operator shall follow the requirements of 40 CFR 61.145(c)(3)(i)(B), 40 CFR 61.145(c)(3)(iii) and/or 61.145(c)(7)(ii) and (iii). (a) The use of amended water is not required when the owner or operator has obtained prior written approval from the Administrator based on a written application that wetting would unavoidably damage equipment or present a safety hazard, however the owner or operator shall comply with 40 CFR 61.145(c)(3)(i)(B) or 40 CFR 61.145(c)(3)(ii) and (iii); and (b) The use of amended water is not required when the temperature at the point of wetting is below 32 °F (0 °C), however the owner or operator shall comply with 40 CFR 61.145(c)(7)(ii) and (iii). (c) The use of amended water is not required for ordered demolitions, as defined in 40 CFR 61.145(a)(3). (d) (5) All RACM ACWM shall be contained in transparent, leak-tight wrapping and shall remain adequately wet to prevent dust emissions during removal, transport, storage, and proper landfill disposal following local, county, state, and federal regulations. Affix a visible and legible label to each individual wrapping with the name of thesite owner or operator waste generator and the name and address of the location of the facility that generated the RACM ACWM. 301.10 Subpart N—National Emission Standard for Inorganic Arsenic Emissions from Glass Manufacturing Plants. 301.11 Subpart O—(Reserved per A.R.S. § 49-402) 301.12 Subpart P—National Emission Standard for Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production Facilities. 301.13 Subpart S—(Reserved) 301.14 Subpart U—(Reserved) 301.15 Subpart V—National Emission Standard for Equipment Leaks (Fugitive Emission Sources). 301.16 Subpart X—(Reserved) 301.17 Subpart Y—National Emission Standard for Benzene Emissions from Benzene Storage Vessels. 301.18 Subpart Z—(Reserved) 301.19 Subpart AA—(Reserved) 301.20 Subpart BB—National Emission Standard for Benzene Emissions from Benzene Transfer Operations. 301.21 Subpart CC—(Reserved) 301.22 Subpart DD—(Reserved) 301.23 Subpart EE—(Reserved) 301.24 Subpart FF—National Emission Standard for Benzene Waste Operations. 302 EMISSION STANDARDS OF PERFORMANCE FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES: The federally listed hazardous air pollutants as listed in TABLE 370-1. FEDERAL LIST OF HAZARDOUS AIR POLLUTANTS of this rule and the following federal regulations located in the U.S. Code of Federal Regulations, Part 63 of Title 40, Subchapter C (CFR), as codified on July 1, 2021, are herein incorporated by reference with the listed exclusions, in Maricopa County’s Air Pollution Control Regulations. This incorporation by reference includes no future editions or amendments. Each owner or operator subject to the requirements of the following subparts shall comply with the requirements of those subparts and the additional requirements set forth herein. Incorporation by reference does not include nondelegable functions of the EPA Administrator. 302.1 Subpart A—General Provisions. 302.2 Subpart F—National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry. 302.3 Subpart G—National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater. 302.4 Subpart H—National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks. 302.5 Subpart I—National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks. 302.6 Subpart J—National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production. 302.7 Subpart K—(Reserved) 302.8 Subpart L—National Emission Standards for Coke Oven Batteries. 302.9 Subpart M—National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities. 302.10 Subpart N—National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks. 302.11 Subpart O—Ethylene Oxide Emissions Standards for Sterilization Facilities. 302.12 Subpart P—(Reserved) 302.13 Subpart Q—National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers. 302.14 Subpart R—National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations). 302.15 Subpart S—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. 302.16 Subpart T—National Emission Standards for Halogenated Solvent Cleaning. 302.17 Subpart U—National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins. 302.18 Subpart V—(Reserved) 302.19 Subpart W—National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production. 302.20 Subpart X—(Reserved per A.R.S. § 49-402) 302.21 Subpart Z—(Reserved) 302.22 Subpart AA—National Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing Plants. 302.23 Subpart BB—National Emission Standards for Hazardous Air Pollutants from Phosphate Fertilizers Production Plants. 302.24 Subpart CC—(Reserved per A.R.S. § 49-402) 302.25 Subpart DD—National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations. 302.26 Subpart EE—National Emission Standards for Magnetic Tape Manufacturing Operations. 302.27 Subpart FF—(Reserved) 302.28 Subpart GG—National Emission Standards for Aerospace Manufacturing and Rework Facilities. 302.29 Subpart HH—National Emission Standards for Hazardous Air Pollutants from Oil and Natural Gas Production Facilities. 302.30 Subpart JJ—National Emission Standards for Wood Furniture Manufacturing Operations. 302.31 Subpart KK—National Emission Standards for the Printing and Publishing Industry. 302.32 Subpart LL—National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants. 302.33 Subpart MM—National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills. 302.34 Subpart NN—National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing at Area Sources. 302.35 Subpart OO—National Emission Standards for Tanks – Level 1. 302.36 Subpart PP—National Emission Standards for Containers. 302.37 Subpart QQ—National Emission Standards for Surface Impoundments. 302.38 Subpart RR—National Emission Standards for Individual Drain Systems. 302.39 Subpart SS—National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process. 302.40 Subpart TT—National Emission Standards for Equipment Leaks – Control Level 1. 302.41 Subpart UU—National Emission Standards for Equipment Leaks – Control Level 2 Standards. 302.42 Subpart VV—National Emission Standards for Oil-Water Separators and Organic-Water Separators. 302.43 Subpart WW—National Emission Standards for Storage Vessels (Tanks) – Control Level 2. 302.44 Subpart XX—National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations. 302.45 Subpart YY—National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards. 302.46 Subpart ZZ—(Reserved) 302.47 Subpart AAA—(Reserved) 302.48 Subpart BBB—(Reserved) 302.49 Subpart CCC—National Emission Standards for Hazardous Air Pollutants for Steel Pickling – HCl Process Facilities and Hydrochloric Acid Regeneration Plants. 302.50 Subpart DDD—National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production. 302.51 Subpart EEE—National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors. 302.52 Subpart FFF—(Reserved) 302.53 Subpart GGG—National Emission Standards for Pharmaceuticals Production. 302.54 Subpart HHH—National Emission Standards for Hazardous Air Pollutants from Natural Gas Transmission and Storage Facilities. 302.55 Subpart III—National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production. 302.56 Subpart JJJ—National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins. 302.57 Subpart KKK—(Reserved) 302.58 Subpart LLL—(Reserved per A.R.S. § 49-402) 302.59 Subpart MMM—National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production. 302.60 Subpart NNN—National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing. 302.61 Subpart OOO—National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins. 302.62 Subpart PPP—National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production. 302.63 Subpart QQQ—(Reserved per A.R.S. § 49-402) 302.64 Subpart RRR—National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production. 302.65 Subpart SSS—(Reserved) 302.66 Subpart TTT—(Reserved per A.R.S. § 49-402) 302.67 Subpart UUU—(Reserved per A.R.S. § 49-402) 302.68 Subpart VVV—National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works. 302.69 Subpart WWW—(Reserved) 302.70 Subpart XXX—National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese. 302.71 Subpart YYY—(Reserved) 302.72 Subpart ZZZ—(Reserved) 302.73 Subpart AAAA—National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills. 302.74 Subpart BBBB—(Reserved) 302.75 Subpart CCCC—National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast. 302.76 Subpart DDDD—National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products. 302.77 Subpart EEEE—National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline). 302.78 Subpart FFFF—National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing. 302.79 Subpart GGGG—National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production. 302.80 Subpart HHHH—National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production. 302.81 Subpart IIII—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks. 302.82 Subpart JJJJ—National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating. 302.83 Subpart KKKK—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans. 302.84 Subpart LLLL—(Reserved) 302.85 Subpart MMMM—National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products. 302.86 Subpart NNNN—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances. 302.87 Subpart OOOO—National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles. 302.88 Subpart PPPP—National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products. 302.89 Subpart QQQQ—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products. 302.90 Subpart RRRR—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture. 302.91 Subpart SSSS—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil. 302.92 Subpart TTTT—National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations. 302.93 Subpart UUUU—National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing. 302.94 Subpart VVVV—National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing. 302.95 Subpart WWWW—National Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production. 302.96 Subpart XXXX—National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing. 302.97 Subpart YYYY—National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines. 302.98 Subpart ZZZZ—National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines. 302.99 Subpart AAAAA—National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants. 302.100 Subpart BBBBB—National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing. 302.101 Subpart CCCCC—National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks. 302.102 Subpart DDDDD—National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters. 302.103 Subpart EEEEE—National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries. 302.104 Subpart FFFFF—National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities. 302.105 Subpart GGGGG—National Emission Standards for Hazardous Air Pollutants: Site Remediation. 302.106 Subpart HHHHH—National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing. 302.107 Subpart IIIII—National Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell Chlor-Alkali Plants. 302.108 Subpart JJJJJ—National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing. 302.109 Subpart KKKKK—National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing. 302.110 Subpart LLLLL—National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing. 302.111 Subpart MMMMM—National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations. 302.112 Subpart NNNNN—National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production. 302.113 Subpart OOOOO—(Reserved) 302.114 Subpart PPPPP—National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands. 302.115 Subpart QQQQQ—National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities. 302.116 Subpart RRRRR—National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing. 302.117 Subpart SSSSS—National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing. 302.118 Subpart TTTTT—National Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining. 302.119 Subpart UUUUU—(Reserved per A.R.S. § 49-402) 302.120 Subpart VVVVV—(Reserved) 302.121 Subpart WWWWW—National Emission Standards for Hospital Ethylene Oxide Sterilizers. 302.122 Subpart XXXXX—(Reserved) 302.123 Subpart YYYYY—National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities. 302.124 Subpart ZZZZZ—National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources. 302.125 Subpart AAAAAA—(Reserved) 302.126 Subpart BBBBBB—National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities. 302.127 Subpart CCCCCC—National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities. 302.128 Subpart DDDDDD—National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources. 302.129 Subpart EEEEEE—(Reserved per A.R.S. § 49-402) 302.130 Subpart FFFFFF—(Reserved per A.R.S. § 49-402) 302.131 Subpart GGGGGG—National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources--Zinc, Cadmium, and Beryllium. 302.132 Subpart HHHHHH—National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources. 302.133 Subpart IIIIII—(Reserved) 302.134 Subpart JJJJJJ—National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers. 302.135 Subpart KKKKKK—(Reserved). 302.136 Subpart LLLLLL—National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources. 302.137 Subpart MMMMMM—National Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area Sources. 302.138 Subpart NNNNNN—National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds. 302.139 Subpart OOOOOO—National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and Fabrication Area Sources. 302.140 Subpart PPPPPP—National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area. 302.141 Subpart QQQQQQ—National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources. 302.142 Subpart RRRRRR—National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area Sources. 302.143 Subpart SSSSSS—National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources. 302.144 Subpart TTTTTT—National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources. 302.145 Subpart UUUUUU—(Reserved) 302.146 Subpart VVVVVV—National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources. 302.147 Subpart WWWWWW—National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations. 302.148 Subpart XXXXXX—National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source Categories. 302.149 Subpart YYYYYY—National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities. 302.150 Subpart ZZZZZZ—National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries. 302.151 Subpart AAAAAAA—National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing. 302.152 Subpart BBBBBBB—National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry. 302.153 Subpart CCCCCCC—National Emission Standards for Hazardous Air Pollutants for Area Sources: Paints and Allied Products Manufacturing. 302.154 Subpart DDDDDDD—National Emission Standards for Hazardous Air Pollutants for Area Sources: Prepared Feeds Manufacturing. 302.155 Subpart EEEEEEE—National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and Production Area Source Category. 302.156 Subpart FFFFFFF—(Reserved). 302.157 Subpart GGGGGGG—(Reserved). 302.158 Subpart HHHHHHH—National Emission Standards for Hazardous Air Pollutant Emissions for Polyvinyl Chloride and Copolymers Production. 303 ADDITIONAL REQUIREMENTS: 303.1 From the general standards identified in Section 301 of this rule, delete 40 CFR 61.04. All requests, reports, applications, submittals, and other communications to the Control Officer pursuant to this rule shall be submitted to the Maricopa County Air Quality Department. 303.2 Where the Act has established provisions, including specific schedules, for the regulation of source categories pursuant to Sections 112(e)(5) and 112(n) of the Act, the Control Officer may enforce those provisions. 303.3 For any category or subcategory of sources licensed by the U.S. Nuclear Regulatory Commission, the Board of Supervisors shall not adopt and the Control Officer shall not enforce any standard or limitation respecting emissions of radionuclides which is more stringent than the standard or limitation adopted by the Administrator pursuant to Section 112 of the Act. 303.4 If the Administrator finds by rule that regulation is not appropriate or necessary or that alternative control strategies should be applied, the Control Officer shall administer and enforce this rule based on the Administrator's findings. SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 CONTROL TECHNOLOGY DETERMINATIONS FOR MAJOR SOURCES IN ACCORDANCE WITH CLEAN AIR ACT SECTIONS, SECTIONS 112(g) AND 112(j): 40 CFR 63.40 through 40 CFR 63.44 and 40 CFR 63.50 through 40 CFR 63.56 are adopted by reference as of July 1, 2021. 402 COMPLIANCE EXTENSIONS FOR EARLY REDUCTION OF FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS: 40 CFR 63.70 through 40 CFR 63.81 and Table 370.1 are adopted by reference as of July 1, 2021. SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) TABLE 370-1. FEDERAL LIST OF HAZARDOUS AIR POLLUTANTS A. All of the following are federally listed hazardous air pollutants: CAS No. Chemical Name 75-07-0 Acetaldehyde 60-35-5 Acetamide 75-05-8 Acetonitrile 98-86-2 Acetophenone 53-96-3 2-Acetylaminofluorene 107-02-8 Acrolein 79-06-1 Acrylamide 79-10-7 Acrylic acid 107-13-1 Acrylonitrile 107-05-1 Allyl chloride 92-67-1 4-Aminobiphenyl 62-53-3 Aniline 90-04-0 o-Anisidine 1332-21-4 Asbestos 71-43-2 Benzene (including benzene from gasoline) 92-87-5 Benzidine 98-07-7 Benzotrichloride 100-44-7 Benzyl chloride 92-52-4 Biphenyl 117-81-7 Bis(2-ethylhexyl)phthalate (DEHP) 542-88-1 Bis(chloromethyl)ether 75-25-2 Bromoform 106-99-0 1,3-Butadiene 156-62-7 Calcium cyanamide 133-06-2 Captan 63-25-2 Carbaryl 75-15-0 Carbon disulfide 56-23-5 Carbon tetrachloride 463-58-1 Carbonyl sulfide 120-80-9 Catechol 133-90-4 Chloramben 57-74-9 Chlordane 7782-50-5 Chlorine CAS No. Chemical Name 79-11-8 Chloroacetic acid 532-27-4 2-Chloroacetophenone 108-90-7 Chlorobenzene 510-15-6 Chlorobenzilate 67-66-3 Chloroform 107-30-2 Chloromethyl methyl ether 126-99-8 Chloroprene 1319-77-3 Cresols/Cresylic acid (isomers and mixture) 95-48-7 o-Cresol 108-39-4 m-Cresol 106-44-5 p-Cresol 98-82-8 Cumene 94-75-7 2,4-D, salts and esters 3547-04-4 DDE 334-88-3 Diazomethane 132-64-9 Dibenzofurans 96-12-8 1,2-Dibromo-3-chloropropane 84-74-2 Dibutylphthalate 106-46-7 1,4-Dichlorobenzene(p) 91-94-1 3,3-Dichlorobenzidene 111-44-4 Dichloroethyl ether (Bis(2-chloroethyl)ether) 542-75-6 1,3-Dichloropropene 62-73-7 Dichlorvos 111-42-2 Diethanolamine 121-69-7 N,N-Diethyl aniline (N,N-Dimethylaniline) 64-67-5 Diethyl sulfate 119-90-4 3,3-Dimethoxybenzidine 60-11-7 Dimethyl aminoazobenzene 119-93-7 3,3’-Dimethyl benzidine 79-44-7 Dimethyl carbamoyl chloride 68-12-2 Dimethyl formamide CAS No. Chemical Name 57-14-7 1,1-Dimethyl hydrazine 131-11-3 Dimethyl phthalate 77-78-1 Dimethyl sulfate 534-52-1 4,6-Dinitro-o-cresol, and salts 51-28-5 2,4-Dinitrophenol 121-14-2 2,4-Dinitrotoluene 123-91-1 1,4-Dioxane (1,4-Diethyleneoxide) 122-66-7 1,2-Diphenylhydrazine 106-89-8 Epichlorohydrin (1-Chloro-2,3-epoxypropane) 106-88-7 1,2-Epoxybutane 140-88-5 Ethyl acrylate 100-41-4 Ethyl benzene 51-79-6 Ethyl carbamate (Urethane) 75-00-3 Ethyl chloride (Chloroethane) 106-93-4 Ethylene dibromide (Dibromoethane) 107-06-2 Ethylene dichloride (1,2-Dichloroethane) 107-21-1 Ethylene glycol 151-56-4 Ethylene imine (Aziridine) 75-21-8 Ethylene oxide 96-45-7 Ethylene thiourea 75-34-3 Ethylidene dichloride (1,1-Dichloroethane) 50-00-0 Formaldehyde 76-44-8 Heptachlor 118-74-1 Hexachlorobenzene 87-68-3 Hexachlorobutadiene 77-47-4 Hexachlorocyclopentadiene 67-72-1 Hexachloroethane 822-06-0 Hexamethylene-1,6-diisocyanate 680-31-9 Hexamethylphosphoramide 110-54-3 Hexane 302-01-2 Hydrazine 7647-01-0 Hydrochloric acid 7664-39-3 Hydrogen fluoride (Hydrofluoric acid) 123-31-9 Hydroquinone 78-59-1 Isophorone 58-89-9 Lindane (all isomers) 108-31-6 Maleic anhydride 67-56-1 Methanol 72-43-5 Methoxychlor 74-83-9 Methyl bromide (Bromomethane) 74-87-3 Methyl chloride (Chloromethane) 71-55-6 Methyl chloroform (1,1,1-Trichloroethane) 60-34-4 Methyl hydrazine CAS No. Chemical Name 74-88-4 Methyl iodide (Iodomethane) 108-10-1 Methyl isobutyl ketone (Hexone) 624-83-9 Methyl isocyanate 80-62-6 Methyl methacrylate 1634-04-4 Methyl tert butyl ether 101-14-4 4,4-Methylene bis (2-chloroaniline) 75-09-2 Methylene chloride (Dichloromethane) 101-68-8 Methylene diphenyl diisocyanate (MDI) 101-77-9 4,4’-Methylenedianiline 91-20-3 Naphthalene 98-95-3 Nitrobenzene 92-93-3 4-Nitrobiphenyl 100-02-7 4-Nitrophenol 79-46-9 2-Nitropropane 684-93-5 N-Nitroso-N-methylurea 62-75-9 N-Nitrosodimethylamine 59-89-2 N-Nitrosomorpholine 56-38-2 Parathion 82-68-8 Pentachloronitrobenzene (Quintobenzene) 87-86-5 Pentachlorophenol 108-95-2 Phenol 106-50-3 p-Phenylenediamine 75-44-5 Phosgene 7803-51-2 Phosphine 7723-14-0 Phosphorus 85-44-9 Phthalic anhydride 1336-36-3 Polychlorinated biphenyls (Aroclors) 1120-71-4 1,3-Propane sultone 57-57-8 beta-Propiolactone 123-38-6 Propionaldehyde 114-26-1 Propoxur (Baygon) 78-87-5 Propylene dichloride (1,2-Dichloropropane) 75-56-9 Propylene oxide 75-55-8 1,2-Propylenimine (2-Methylaziridine) 91-22-5 Quinoline 106-51-4 Quinone 100-42-5 Styrene 96-09-3 Styrene oxide 1746-01-6 2,3,7,8-Tetrachlorodibenzo-p-dioxin 79-34-5 1,1,2,2-Tetrachloroethane 127-18-4 Tetrachloroethylene (Perchloroethylene) 7550-45-0 Titanium tetrachloride 108-88-3 Toluene CAS No. Chemical Name 95-80-7 2,4-Toluene diamine 584-84-9 2,4-Toluene diisocyanate 95-53-4 o-Toluidine 8001-35-2 Toxaphene (chlorinated camphene) 120-82-1 1,2,4-Trichlorobenzene 79-00-5 1,1,2-Trichloroethane 79-01-6 Trichloroethylene 95-95-4 2,4,5-Trichlorophenol 88-06-2 2,4,6-Trichlorophenol 121-44-8 Triethylamine 1582-09-8 Trifluralin 540-84-1 2,2,4-Trimethylpentane 108-05-4 Vinyl acetate 593-60-2 Vinyl bromide 75-01-4 Vinyl chloride 75-35-4 Vinylidene chloride (1,1-Dichloroethylene) 1330-20-7 Xylenes (isomers and mixture) 95-47-6 o-Xylenes 108-38-3 m-Xylenes CAS No. Chemical Name 106-42-3 p-Xylenes 0 Antimony Compounds 0 Arsenic Compounds inorganic including arsine) 0 Beryllium Compounds 0 Cadmium Compounds 0 Chromium Compounds 0 Cobalt Compounds 0 Coke Oven Emissions 0 Cyanide Compounds[1] 0 Glycol ethers[2] 0 Lead Compounds 0 Manganese Compounds 0 Mercury Compounds 0 Fine mineral fibers[3] 0 Nickel Compounds 0 Polycyclic Organic Matter[4] 0 Radionuclides (including radon)[5] 0 Selenium Compounds B. The following applies for all listings above which contain the word "compounds” or are glycol ethers: unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure. 1. X'CN where X = H' or any other group where a formal dissociation may occur (e.g. KCN or Ca(CN)2). 2. a. Includes mono- and di- ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2CH2)n-OR' where: n = 1, 2, or 3; R = alkyl C7 or less; or R = phenyl or alkyl substituted phenyl; R' = H or alkyl C7 or less; or OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate. b. Glycol ethers do not include ethylene glycol monobutyl ether (EGBE, 2- Butoxyethanol) (CAS No. 111-76-2). 3. Includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average diameter one micrometer (1µ) or less. 4. Includes organic compounds which have more than one benzene ring and which have a boiling point greater than or equal to 212 ºF (100 ºC). 5. A type of atom which spontaneously undergoes radioactive decay. MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 370 FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 FEDERAL DELEGATION AUTHORITY 104 EXEMPTIONS SECTION 200 – DEFINITIONS 201 ADMINISTRATOR 202 AHERA BUILDING INSPECTOR 203 AHERA CONTRACTOR/SUPERVISOR 204 AHERA WORKER 205 AMENDED WATER 206 DWELLING UNIT 207 GOVERNMENT-ISSUED PHOTO IDENTIFICATION CARD SECTION 300 – STANDARDS 301 EMISSION STANDARDS FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS 302 EMISSION STANDARDS FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 303 ADDITIONAL REQUIREMENTS SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 CONTROL TECHNOLOGY DETERMINATIONS FOR MAJOR SOURCES IN ACCORDANCE WITH CLEAN AIR ACT SECTIONS, SECTIONS 112(g) AND 112(j) 402 COMPLIANCE EXTENSIONS FOR EARLY REDUCTION OF FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) Clean Version of Rule 370 Return to list of attachments Revised 07/13/1988; Revised 04/06/1992; Repealed and Adopted 11/15/1993; Revised 11/20/1996; Revised 05/14/1997; Revised 05/20/1998; Revised 08/19/1998; Revised 03/01/2000; Revised 03/07/2001; Revised 11/19/2003; Revised 03/15/2006; Revised 12/17/2008; Revised 09/16/2009; Revised 07/07/2010; Revised 08/17/2011; Revised 07/25/2012; Revised 03/26/2014; Revised 11/05/2014; Revised 11/18/2015; Revised 11/02/2016; Revised 12/13/2017; Revised 11/07/2018; Revised 10/23/2019; Revised 11/18/2020; Revised 10/20/2021; and Revised 02/23/2022. MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 370 FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM SECTION 100 – GENERAL 101 PURPOSE: To establish emission standards for federally listed hazardous air pollutants. 102 APPLICABILITY: The provisions of this rule apply to the owner or operator of any stationary source for which a standard is prescribed under this rule, and for which federal delegation of the implementation and enforcement of the standards to the Maricopa County Air Quality Department (MCAQD) has been accomplished. Any such stationary source must also comply with other Maricopa County Air Pollution Control Regulations. 103 FEDERAL DELEGATION AUTHORITY: The MCAQD shall enforce the National Emission Standards for Hazardous Air Pollutants (NESHAPs) (40 CFR 61 and 40 CFR 63) listed in Section 300 of this rule which have been delegated to the County by the United States Environmental Protection Agency (EPA) for such enforcement. The MCAQD in addition, may enforce such other NESHAPs as delegated for such enforcement by the EPA to the County. 104 EXEMPTIONS: Section 301.9 shall not apply to demolition or renovation activity involving any single owner-occupied solely residential parcel which contains 4 or fewer detached dwelling units. 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 rules. In the event of any inconsistency between any of the Maricopa County Air Pollution Control Regulations, the definitions in this rule take precedence. 201 ADMINISTRATOR: As used in Parts 61 and 63, Title 40, Code of Federal Regulations, shall mean the Control Officer, except that the Control Officer shall not be empowered to approve alternate or equivalent test methods, alternative standards/work practices, or exercise any other nondelegable authorities, except as specifically provided in each subpart. 202 AHERA BUILDING INSPECTOR: A currently certified Asbestos Hazard Emergency Response Act (AHERA) Building Inspector, who has completed the building inspector training described in Appendix C to 40 CFR 763, Subpart E. 203 AHERA CONTRACTOR/SUPERVISOR: A currently certified Asbestos Hazard Emergency Response Act (AHERA) Contractor/Supervisor, who has completed the contractor/supervisor training described in Appendix C to 40 CFR 763, Subpart E. 204 AHERA WORKER: A currently certified Asbestos Hazard Emergency Response Act (AHERA) Worker, who has completed the worker training described in Appendix C to 40 CFR 763, Subpart E. 205 AMENDED WATER: Water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate asbestos-containing material (ACM). 206 DWELLING UNIT: A building or structure, or a part of a building or structure, that is used for a home or residence by one or more persons who maintain a household, including a mobile home regardless of ownership of the land. 207 GOVERNMENT-ISSUED PHOTO IDENTIFICATION CARD: Includes, but is not limited to, a valid driver's license, a valid non-operating identification license, a valid tribal enrollment card or tribal identification card, or other valid government issued photo identification that includes the name and photograph of the card holder. SECTION 300 – STANDARDS 301 EMISSION STANDARDS FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS: The federally listed hazardous air pollutants as listed in TABLE 370-1. FEDERAL LIST OF HAZARDOUS AIR POLLUTANTS of this rule and the following federal regulations located in the U.S. Code of Federal Regulations, Part 61 of Title 40, Subchapter C (CFR) as codified on July 1, 2021, are herein incorporated by reference with the listed exclusions, in Maricopa County’s Air Pollution Control Regulations. This incorporation by reference includes no future editions or amendments. Each owner or operator subject to the requirements of the following subparts shall comply with the requirements of those subparts and the additional requirements set forth herein. Incorporation by reference does not include nondelegable functions of the EPA Administrator. 301.1 Subpart A—General Provisions; exclude any sections dealing with equivalency determinations that are nontransferable through Section 112(e)(3) of the Act. 301.2 Subpart C—National Emission Standard for Beryllium. 301.3 Subpart D—National Emission Standard for Beryllium Rocket Motor Firing. 301.4 Subpart E—National Emission Standard for Mercury. 301.5 Subpart F—National Emission Standard for Vinyl Chloride. 301.6 Subpart G—(Reserved) 301.7 Subpart J—National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene. 301.8 Subpart L—National Emission Standard for Benzene Emissions from Coke By- Product Recovery Plants. 301.9 Subpart M—National Emission Standard for Asbestos. In addition, each owner or operator of a demolition or renovation activity involving a facility as defined in 40 CFR 61, Subpart M shall: a. Prior to the commencement of demolition or renovation activity listed in 40 CFR 61.145(a)(1)-(4), thoroughly inspect the facility, or the part of the facility where demolition activity or renovation activity will occur, for the presence of asbestos, including Category I and Category II nonfriable asbestos-containing material (ACM) and regulated asbestos-containing material (RACM). For the purpose of this rule, thoroughly inspect means that all ACM has been identified and quantified, and all RACM has been accurately categorized. The requirement to inspect for the presence of asbestos shall not apply if the owner or operator assumes that the materials present are RACM and complies with all requirements that are applicable to the removal, handling, and disposal of RACM. In addition: (1) The thorough inspection for the presence of asbestos must be conducted by an AHERA building inspector. (a) An AHERA building inspector may assume a given material contains asbestos. Any material assumed to contain asbestos does not have to be sampled and analyzed by a laboratory but a determination of its condition (i.e. friability) and category must be made and documented as specified in 301.9(a)(2)(c) and (d). (2) The inspection for the presence of asbestos must be documented in a written report that meets all of the following requirements: (a) Clearly identifies all materials that were sampled and provides a legible copy of the laboratory chain of custody indicating who collected the samples; (b) Includes analytical results from a laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) showing that samples analyzed for the presence of asbestos were analyzed using one of the following test methods: (i) Interim Method of the Determination of Asbestos in Bulk Insulation Samples (as specified in Appendix E to Subpart E of 40 CFR Part 763); (ii) Method for the Determination of Asbestos in Bulk Building Materials (EPA/600/R-93/116); (iii) Electron Microscopy Analytical Method, as described in EPA/600/R-93/116; or (iv) Determination of Asbestos Content of Serpentine Aggregate (California Air Resources Board Test Method 435), when applicable. (c) Categorizes all ACM as Category I nonfriable ACM, Category II nonfriable ACM, or RACM, in accordance with the definitions in 40 CFR 61, Subpart M; and (d) Clearly describes and identifies the location, condition, category, and quantity of all ACM. Determination of the category of the material must take into account the condition of the material during the demolition and renovation activity. (3) If more than five (5) years has elapsed between the date when the facility was inspected for the presence of asbestos and the date when the demolition or renovation activity will commence, the owner or operator shall have each non-friable ACM re-inspected by an AHERA building inspector to determine if the ACM is still non-friable. This re-inspection shall occur prior to the commencement of demolition or renovation activity. The re- inspection must be documented in a written report that meets the requirements in Section 301.9(a)(2) of this rule. (4) If new materials are installed in the facility between the date when the facility was inspected for the presence of asbestos and the date when the demolition or renovation activity will commence, the owner and operator shall have each new material inspected for the presence of asbestos by an AHERA building inspector prior to the commencement of demolition or renovation activity. The inspection of new materials must be documented in a written report that meets the requirements in Section 301.9(a)(2) of this rule. (5) Each owner and operator shall maintain a complete copy of the written report required by Sections 301.9(a)(2), 301.9(a)(3), and 301.9(a)(4) of this rule for two years from the completion of the demolition or renovation activity. A complete copy of each written report shall be on-site and available for inspection during all demolition and renovation activities. b. Prior to the commencement of any demolition or renovation activity listed in 40 CFR 61.145(a)(1)-(4), provide the Control Officer with notification of intention to demolish or renovate in the manner described in 40 CFR 61.145(b). In addition: (1) The written notification must include the date on which the facility was inspected for the presence of asbestos. (2) The written notification shall be submitted through MCAQD’s online user portal with a verified CROMMER signature. (3) At the time when the written notification is provided to the Control Officer, a copy of the applicable written report(s) required by Sections 301.9(a)(2), 301.9(a)(3), and 301.9(a)(4) of this rule shall be in the possession of the owner or operator. The owner or operator shall make the written report available without delay upon request of the Control Officer. (4) All notifications, excluding notifications for renovation operations described in 40 CFR 61.145(a)(4)(iii), shall expire one year from the date of electronic submittal with a verified CROMMER signature. (5) For a demolition activity or renovation activity that continues beyond the expiration date, the owner or operator of the demolition or renovation activity shall submit a new notification to the Control Officer in accordance with 40 CFR 61.145(b) prior to the expiration of the original notice. (6) Notifications for renovation operations described in 40 CFR 61.145(a)(4)(iii) shall be submitted at least 10 working days before the end of the calendar year preceding the year for which notice is being given and shall expire on December 31 of the calendar year for which notice is given. (7) Pay all applicable fees prescribed by Rule 280 of these rules. c. Comply with the following requirements for any demolition or renovation activities listed in 40 CFR 61.145(a)(1), 40 CFR 61.145(a)(3), and 40 CFR 61.145(a)(4): (1) Any person that strips, removes, or otherwise handles or disturbs any RACM shall be an AHERA worker or an AHERA contractor/supervisor. In addition: (a) At least one AHERA contractor/supervisor shall be on-site at all times when RACM is stripped, removed, or otherwise handled or disturbed. (b) A legible copy of the current training certificate for each AHERA worker and each AHERA contractor/supervisor shall be available for inspection at all times. (c) Clearly visible and legible photo identification for each AHERA worker and each AHERA contractor/supervisor shall be on-site and available for inspection, upon the request of the Control Officer, at all times when RACM is stripped, removed, or otherwise handled or disturbed. The photo identification shall be from the trainer who provided training in accordance with Appendix C to 40 CFR 763, Subpart E, or a current government-issued photo identification card. (2) All RACM, including Category I nonfriable ACM and Category II nonfriable ACM that have become friable, shall be contained in transparent, leak-tight wrapping and shall remain adequately wet to prevent emissions during removal, transport, storage, and proper landfill disposal in accordance with local, county, state, and federal regulations. (3) Inspection viewing devices are required at all times when RACM is stripped, removed, or otherwise handled or disturbed. Viewing devices shall allow the Control Officer to view the asbestos-containing waste material (ACWM) and the area where RACM is stripped, removed, or otherwise handled or disturbed without entering the contained area where the ACWM is stored and the activity is occurring, either through ports or by video monitoring. Viewing devices are not required if walls or other barriers do not prevent the Control Officer from viewing the area where ACWM is stored and the area where RACM is stripped, removed, or otherwise handled or disturbed. Viewing devices are not required if the installation or use of a viewing device is infeasible for a specific area where RACM will be stripped, removed, or otherwise handled or disturbed. (4) All exposed RACM subject to demolition or renovation operations and all RACM being removed from a facility or a facility component shall be kept adequately wet by using amended water to control the release of asbestos fibers, except as provided below: (a) The use of amended water is not required when the owner or operator has obtained prior written approval from the Administrator based on a written application that wetting would unavoidably damage equipment or present a safety hazard, however the owner or operator shall comply with 40 CFR 61.145(c)(3)(i)(B) or 40 CFR 61.145(c)(3)(ii) and (iii); and (b) The use of amended water is not required when the temperature at the point of wetting is below 32 °F (0 °C), however the owner or operator shall comply with 40 CFR 61.145(c)(7)(ii) and (iii). (c) The use of amended water is not required for ordered demolitions, as defined in 40 CFR 61.145(a)(3). (5) All ACWM shall be contained in transparent, leak-tight wrapping and shall remain adequately wet to prevent emissions during removal, transport, storage, and proper landfill disposal following local, county, state, and federal regulations. Affix a visible and legible label to each individual wrapping with the name of the waste generator and the name and location of the facility that generated the ACWM. 301.10 Subpart N—National Emission Standard for Inorganic Arsenic Emissions from Glass Manufacturing Plants. 301.11 Subpart O—(Reserved per A.R.S. § 49-402) 301.12 Subpart P—National Emission Standard for Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production Facilities. 301.13 Subpart S—(Reserved) 301.14 Subpart U—(Reserved) 301.15 Subpart V—National Emission Standard for Equipment Leaks (Fugitive Emission Sources). 301.16 Subpart X—(Reserved) 301.17 Subpart Y—National Emission Standard for Benzene Emissions from Benzene Storage Vessels. 301.18 Subpart Z—(Reserved) 301.19 Subpart AA—(Reserved) 301.20 Subpart BB—National Emission Standard for Benzene Emissions from Benzene Transfer Operations. 301.21 Subpart CC—(Reserved) 301.22 Subpart DD—(Reserved) 301.23 Subpart EE—(Reserved) 301.24 Subpart FF—National Emission Standard for Benzene Waste Operations. 302 EMISSION STANDARDS FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES: The federally listed hazardous air pollutants as listed in TABLE 370-1. FEDERAL LIST OF HAZARDOUS AIR POLLUTANTS of this rule and the following federal regulations located in the U.S. Code of Federal Regulations, Part 63 of Title 40, Subchapter C (CFR), as codified on July 1, 2021, are herein incorporated by reference with the listed exclusions, in Maricopa County’s Air Pollution Control Regulations. This incorporation by reference includes no future editions or amendments. Each owner or operator subject to the requirements of the following subparts shall comply with the requirements of those subparts and the additional requirements set forth herein. Incorporation by reference does not include nondelegable functions of the EPA Administrator. 302.1 Subpart A—General Provisions. 302.2 Subpart F—National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry. 302.3 Subpart G—National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater. 302.4 Subpart H—National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks. 302.5 Subpart I—National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks. 302.6 Subpart J—National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production. 302.7 Subpart K—(Reserved) 302.8 Subpart L—National Emission Standards for Coke Oven Batteries. 302.9 Subpart M—National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities. 302.10 Subpart N—National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks. 302.11 Subpart O—Ethylene Oxide Emissions Standards for Sterilization Facilities. 302.12 Subpart P—(Reserved) 302.13 Subpart Q—National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers. 302.14 Subpart R—National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations). 302.15 Subpart S—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. 302.16 Subpart T—National Emission Standards for Halogenated Solvent Cleaning. 302.17 Subpart U—National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins. 302.18 Subpart V—(Reserved) 302.19 Subpart W—National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production. 302.20 Subpart X—(Reserved per A.R.S. § 49-402) 302.21 Subpart Z—(Reserved) 302.22 Subpart AA—National Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing Plants. 302.23 Subpart BB—National Emission Standards for Hazardous Air Pollutants from Phosphate Fertilizers Production Plants. 302.24 Subpart CC—(Reserved per A.R.S. § 49-402) 302.25 Subpart DD—National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations. 302.26 Subpart EE—National Emission Standards for Magnetic Tape Manufacturing Operations. 302.27 Subpart FF—(Reserved) 302.28 Subpart GG—National Emission Standards for Aerospace Manufacturing and Rework Facilities. 302.29 Subpart HH—National Emission Standards for Hazardous Air Pollutants from Oil and Natural Gas Production Facilities. 302.30 Subpart JJ—National Emission Standards for Wood Furniture Manufacturing Operations. 302.31 Subpart KK—National Emission Standards for the Printing and Publishing Industry. 302.32 Subpart LL—National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants. 302.33 Subpart MM—National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills. 302.34 Subpart NN—National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing at Area Sources. 302.35 Subpart OO—National Emission Standards for Tanks – Level 1. 302.36 Subpart PP—National Emission Standards for Containers. 302.37 Subpart QQ—National Emission Standards for Surface Impoundments. 302.38 Subpart RR—National Emission Standards for Individual Drain Systems. 302.39 Subpart SS—National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process. 302.40 Subpart TT—National Emission Standards for Equipment Leaks – Control Level 1. 302.41 Subpart UU—National Emission Standards for Equipment Leaks – Control Level 2 Standards. 302.42 Subpart VV—National Emission Standards for Oil-Water Separators and Organic-Water Separators. 302.43 Subpart WW—National Emission Standards for Storage Vessels (Tanks) – Control Level 2. 302.44 Subpart XX—National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations. 302.45 Subpart YY—National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards. 302.46 Subpart ZZ—(Reserved) 302.47 Subpart AAA—(Reserved) 302.48 Subpart BBB—(Reserved) 302.49 Subpart CCC—National Emission Standards for Hazardous Air Pollutants for Steel Pickling – HCl Process Facilities and Hydrochloric Acid Regeneration Plants. 302.50 Subpart DDD—National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production. 302.51 Subpart EEE—National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors. 302.52 Subpart FFF—(Reserved) 302.53 Subpart GGG—National Emission Standards for Pharmaceuticals Production. 302.54 Subpart HHH—National Emission Standards for Hazardous Air Pollutants from Natural Gas Transmission and Storage Facilities. 302.55 Subpart III—National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production. 302.56 Subpart JJJ—National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins. 302.57 Subpart KKK—(Reserved) 302.58 Subpart LLL—(Reserved per A.R.S. § 49-402) 302.59 Subpart MMM—National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production. 302.60 Subpart NNN—National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing. 302.61 Subpart OOO—National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins. 302.62 Subpart PPP—National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production. 302.63 Subpart QQQ—(Reserved per A.R.S. § 49-402) 302.64 Subpart RRR—National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production. 302.65 Subpart SSS—(Reserved) 302.66 Subpart TTT—(Reserved per A.R.S. § 49-402) 302.67 Subpart UUU—(Reserved per A.R.S. § 49-402) 302.68 Subpart VVV—National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works. 302.69 Subpart WWW—(Reserved) 302.70 Subpart XXX—National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese. 302.71 Subpart YYY—(Reserved) 302.72 Subpart ZZZ—(Reserved) 302.73 Subpart AAAA—National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills. 302.74 Subpart BBBB—(Reserved) 302.75 Subpart CCCC—National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast. 302.76 Subpart DDDD—National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products. 302.77 Subpart EEEE—National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline). 302.78 Subpart FFFF—National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing. 302.79 Subpart GGGG—National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production. 302.80 Subpart HHHH—National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production. 302.81 Subpart IIII—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks. 302.82 Subpart JJJJ—National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating. 302.83 Subpart KKKK—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans. 302.84 Subpart LLLL—(Reserved) 302.85 Subpart MMMM—National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products. 302.86 Subpart NNNN—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances. 302.87 Subpart OOOO—National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles. 302.88 Subpart PPPP—National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products. 302.89 Subpart QQQQ—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products. 302.90 Subpart RRRR—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture. 302.91 Subpart SSSS—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil. 302.92 Subpart TTTT—National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations. 302.93 Subpart UUUU—National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing. 302.94 Subpart VVVV—National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing. 302.95 Subpart WWWW—National Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production. 302.96 Subpart XXXX—National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing. 302.97 Subpart YYYY—National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines. 302.98 Subpart ZZZZ—National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines. 302.99 Subpart AAAAA—National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants. 302.100 Subpart BBBBB—National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing. 302.101 Subpart CCCCC—National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks. 302.102 Subpart DDDDD—National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters. 302.103 Subpart EEEEE—National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries. 302.104 Subpart FFFFF—National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities. 302.105 Subpart GGGGG—National Emission Standards for Hazardous Air Pollutants: Site Remediation. 302.106 Subpart HHHHH—National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing. 302.107 Subpart IIIII—National Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell Chlor-Alkali Plants. 302.108 Subpart JJJJJ—National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing. 302.109 Subpart KKKKK—National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing. 302.110 Subpart LLLLL—National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing. 302.111 Subpart MMMMM—National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations. 302.112 Subpart NNNNN—National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production. 302.113 Subpart OOOOO—(Reserved) 302.114 Subpart PPPPP—National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands. 302.115 Subpart QQQQQ—National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities. 302.116 Subpart RRRRR—National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing. 302.117 Subpart SSSSS—National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing. 302.118 Subpart TTTTT—National Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining. 302.119 Subpart UUUUU—(Reserved per A.R.S. § 49-402) 302.120 Subpart VVVVV—(Reserved) 302.121 Subpart WWWWW—National Emission Standards for Hospital Ethylene Oxide Sterilizers. 302.122 Subpart XXXXX—(Reserved) 302.123 Subpart YYYYY—National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities. 302.124 Subpart ZZZZZ—National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources. 302.125 Subpart AAAAAA—(Reserved) 302.126 Subpart BBBBBB—National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities. 302.127 Subpart CCCCCC—National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities. 302.128 Subpart DDDDDD—National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources. 302.129 Subpart EEEEEE—(Reserved per A.R.S. § 49-402) 302.130 Subpart FFFFFF—(Reserved per A.R.S. § 49-402) 302.131 Subpart GGGGGG—National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources--Zinc, Cadmium, and Beryllium. 302.132 Subpart HHHHHH—National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources. 302.133 Subpart IIIIII—(Reserved) 302.134 Subpart JJJJJJ—National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers. 302.135 Subpart KKKKKK—(Reserved). 302.136 Subpart LLLLLL—National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources. 302.137 Subpart MMMMMM—National Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area Sources. 302.138 Subpart NNNNNN—National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds. 302.139 Subpart OOOOOO—National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and Fabrication Area Sources. 302.140 Subpart PPPPPP—National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area. 302.141 Subpart QQQQQQ—National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources. 302.142 Subpart RRRRRR—National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area Sources. 302.143 Subpart SSSSSS—National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources. 302.144 Subpart TTTTTT—National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources. 302.145 Subpart UUUUUU—(Reserved) 302.146 Subpart VVVVVV—National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources. 302.147 Subpart WWWWWW—National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations. 302.148 Subpart XXXXXX—National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source Categories. 302.149 Subpart YYYYYY—National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities. 302.150 Subpart ZZZZZZ—National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries. 302.151 Subpart AAAAAAA—National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing. 302.152 Subpart BBBBBBB—National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry. 302.153 Subpart CCCCCCC—National Emission Standards for Hazardous Air Pollutants for Area Sources: Paints and Allied Products Manufacturing. 302.154 Subpart DDDDDDD—National Emission Standards for Hazardous Air Pollutants for Area Sources: Prepared Feeds Manufacturing. 302.155 Subpart EEEEEEE—National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and Production Area Source Category. 302.156 Subpart FFFFFFF—(Reserved). 302.157 Subpart GGGGGGG—(Reserved). 302.158 Subpart HHHHHHH—National Emission Standards for Hazardous Air Pollutant Emissions for Polyvinyl Chloride and Copolymers Production. 303 ADDITIONAL REQUIREMENTS: 303.1 From the general standards identified in Section 301 of this rule, delete 40 CFR 61.04. All requests, reports, applications, submittals, and other communications to the Control Officer pursuant to this rule shall be submitted to the Maricopa County Air Quality Department. 303.2 Where the Act has established provisions, including specific schedules, for the regulation of source categories pursuant to Sections 112(e)(5) and 112(n) of the Act, the Control Officer may enforce those provisions. 303.3 For any category or subcategory of sources licensed by the U.S. Nuclear Regulatory Commission, the Board of Supervisors shall not adopt and the Control Officer shall not enforce any standard or limitation respecting emissions of radionuclides which is more stringent than the standard or limitation adopted by the Administrator pursuant to Section 112 of the Act. 303.4 If the Administrator finds by rule that regulation is not appropriate or necessary or that alternative control strategies should be applied, the Control Officer shall administer and enforce this rule based on the Administrator's findings. SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 CONTROL TECHNOLOGY DETERMINATIONS FOR MAJOR SOURCES IN ACCORDANCE WITH CLEAN AIR ACT SECTIONS, SECTIONS 112(g) AND 112(j): 40 CFR 63.40 through 40 CFR 63.44 and 40 CFR 63.50 through 40 CFR 63.56 are adopted by reference as of July 1, 2021. 402 COMPLIANCE EXTENSIONS FOR EARLY REDUCTION OF FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS: 40 CFR 63.70 through 40 CFR 63.81 and Table 370.1 are adopted by reference as of July 1, 2021. SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) TABLE 370-1. FEDERAL LIST OF HAZARDOUS AIR POLLUTANTS A. All of the following are federally listed hazardous air pollutants: CAS No. Chemical Name 75-07-0 Acetaldehyde 60-35-5 Acetamide 75-05-8 Acetonitrile 98-86-2 Acetophenone 53-96-3 2-Acetylaminofluorene 107-02-8 Acrolein 79-06-1 Acrylamide 79-10-7 Acrylic acid 107-13-1 Acrylonitrile 107-05-1 Allyl chloride 92-67-1 4-Aminobiphenyl 62-53-3 Aniline 90-04-0 o-Anisidine 1332-21-4 Asbestos 71-43-2 Benzene (including benzene from gasoline) 92-87-5 Benzidine 98-07-7 Benzotrichloride 100-44-7 Benzyl chloride 92-52-4 Biphenyl 117-81-7 Bis(2-ethylhexyl)phthalate (DEHP) 542-88-1 Bis(chloromethyl)ether 75-25-2 Bromoform 106-99-0 1,3-Butadiene 156-62-7 Calcium cyanamide 133-06-2 Captan 63-25-2 Carbaryl 75-15-0 Carbon disulfide 56-23-5 Carbon tetrachloride 463-58-1 Carbonyl sulfide 120-80-9 Catechol 133-90-4 Chloramben 57-74-9 Chlordane 7782-50-5 Chlorine CAS No. Chemical Name 79-11-8 Chloroacetic acid 532-27-4 2-Chloroacetophenone 108-90-7 Chlorobenzene 510-15-6 Chlorobenzilate 67-66-3 Chloroform 107-30-2 Chloromethyl methyl ether 126-99-8 Chloroprene 1319-77-3 Cresols/Cresylic acid (isomers and mixture) 95-48-7 o-Cresol 108-39-4 m-Cresol 106-44-5 p-Cresol 98-82-8 Cumene 94-75-7 2,4-D, salts and esters 3547-04-4 DDE 334-88-3 Diazomethane 132-64-9 Dibenzofurans 96-12-8 1,2-Dibromo-3-chloropropane 84-74-2 Dibutylphthalate 106-46-7 1,4-Dichlorobenzene(p) 91-94-1 3,3-Dichlorobenzidene 111-44-4 Dichloroethyl ether (Bis(2-chloroethyl)ether) 542-75-6 1,3-Dichloropropene 62-73-7 Dichlorvos 111-42-2 Diethanolamine 121-69-7 N,N-Diethyl aniline (N,N-Dimethylaniline) 64-67-5 Diethyl sulfate 119-90-4 3,3-Dimethoxybenzidine 60-11-7 Dimethyl aminoazobenzene 119-93-7 3,3’-Dimethyl benzidine 79-44-7 Dimethyl carbamoyl chloride 68-12-2 Dimethyl formamide CAS No. Chemical Name 57-14-7 1,1-Dimethyl hydrazine 131-11-3 Dimethyl phthalate 77-78-1 Dimethyl sulfate 534-52-1 4,6-Dinitro-o-cresol, and salts 51-28-5 2,4-Dinitrophenol 121-14-2 2,4-Dinitrotoluene 123-91-1 1,4-Dioxane (1,4-Diethyleneoxide) 122-66-7 1,2-Diphenylhydrazine 106-89-8 Epichlorohydrin (1-Chloro-2,3-epoxypropane) 106-88-7 1,2-Epoxybutane 140-88-5 Ethyl acrylate 100-41-4 Ethyl benzene 51-79-6 Ethyl carbamate (Urethane) 75-00-3 Ethyl chloride (Chloroethane) 106-93-4 Ethylene dibromide (Dibromoethane) 107-06-2 Ethylene dichloride (1,2-Dichloroethane) 107-21-1 Ethylene glycol 151-56-4 Ethylene imine (Aziridine) 75-21-8 Ethylene oxide 96-45-7 Ethylene thiourea 75-34-3 Ethylidene dichloride (1,1-Dichloroethane) 50-00-0 Formaldehyde 76-44-8 Heptachlor 118-74-1 Hexachlorobenzene 87-68-3 Hexachlorobutadiene 77-47-4 Hexachlorocyclopentadiene 67-72-1 Hexachloroethane 822-06-0 Hexamethylene-1,6-diisocyanate 680-31-9 Hexamethylphosphoramide 110-54-3 Hexane 302-01-2 Hydrazine 7647-01-0 Hydrochloric acid 7664-39-3 Hydrogen fluoride (Hydrofluoric acid) 123-31-9 Hydroquinone 78-59-1 Isophorone 58-89-9 Lindane (all isomers) 108-31-6 Maleic anhydride 67-56-1 Methanol 72-43-5 Methoxychlor 74-83-9 Methyl bromide (Bromomethane) 74-87-3 Methyl chloride (Chloromethane) 71-55-6 Methyl chloroform (1,1,1-Trichloroethane) 60-34-4 Methyl hydrazine CAS No. Chemical Name 74-88-4 Methyl iodide (Iodomethane) 108-10-1 Methyl isobutyl ketone (Hexone) 624-83-9 Methyl isocyanate 80-62-6 Methyl methacrylate 1634-04-4 Methyl tert butyl ether 101-14-4 4,4-Methylene bis (2-chloroaniline) 75-09-2 Methylene chloride (Dichloromethane) 101-68-8 Methylene diphenyl diisocyanate (MDI) 101-77-9 4,4’-Methylenedianiline 91-20-3 Naphthalene 98-95-3 Nitrobenzene 92-93-3 4-Nitrobiphenyl 100-02-7 4-Nitrophenol 79-46-9 2-Nitropropane 684-93-5 N-Nitroso-N-methylurea 62-75-9 N-Nitrosodimethylamine 59-89-2 N-Nitrosomorpholine 56-38-2 Parathion 82-68-8 Pentachloronitrobenzene (Quintobenzene) 87-86-5 Pentachlorophenol 108-95-2 Phenol 106-50-3 p-Phenylenediamine 75-44-5 Phosgene 7803-51-2 Phosphine 7723-14-0 Phosphorus 85-44-9 Phthalic anhydride 1336-36-3 Polychlorinated biphenyls (Aroclors) 1120-71-4 1,3-Propane sultone 57-57-8 beta-Propiolactone 123-38-6 Propionaldehyde 114-26-1 Propoxur (Baygon) 78-87-5 Propylene dichloride (1,2-Dichloropropane) 75-56-9 Propylene oxide 75-55-8 1,2-Propylenimine (2-Methylaziridine) 91-22-5 Quinoline 106-51-4 Quinone 100-42-5 Styrene 96-09-3 Styrene oxide 1746-01-6 2,3,7,8-Tetrachlorodibenzo-p-dioxin 79-34-5 1,1,2,2-Tetrachloroethane 127-18-4 Tetrachloroethylene (Perchloroethylene) 7550-45-0 Titanium tetrachloride 108-88-3 Toluene CAS No. Chemical Name 95-80-7 2,4-Toluene diamine 584-84-9 2,4-Toluene diisocyanate 95-53-4 o-Toluidine 8001-35-2 Toxaphene (chlorinated camphene) 120-82-1 1,2,4-Trichlorobenzene 79-00-5 1,1,2-Trichloroethane 79-01-6 Trichloroethylene 95-95-4 2,4,5-Trichlorophenol 88-06-2 2,4,6-Trichlorophenol 121-44-8 Triethylamine 1582-09-8 Trifluralin 540-84-1 2,2,4-Trimethylpentane 108-05-4 Vinyl acetate 593-60-2 Vinyl bromide 75-01-4 Vinyl chloride 75-35-4 Vinylidene chloride (1,1-Dichloroethylene) 1330-20-7 Xylenes (isomers and mixture) 95-47-6 o-Xylenes 108-38-3 m-Xylenes CAS No. Chemical Name 106-42-3 p-Xylenes 0 Antimony Compounds 0 Arsenic Compounds inorganic including arsine) 0 Beryllium Compounds 0 Cadmium Compounds 0 Chromium Compounds 0 Cobalt Compounds 0 Coke Oven Emissions 0 Cyanide Compounds[1] 0 Glycol ethers[2] 0 Lead Compounds 0 Manganese Compounds 0 Mercury Compounds 0 Fine mineral fibers[3] 0 Nickel Compounds 0 Polycyclic Organic Matter[4] 0 Radionuclides (including radon)[5] 0 Selenium Compounds B. The following applies for all listings above which contain the word "compounds” or are glycol ethers: unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure. 1. X'CN where X = H' or any other group where a formal dissociation may occur (e.g. KCN or Ca(CN)2). 2. a. Includes mono- and di- ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2CH2)n-OR' where: n = 1, 2, or 3; R = alkyl C7 or less; or R = phenyl or alkyl substituted phenyl; R' = H or alkyl C7 or less; or OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate. b. Glycol ethers do not include ethylene glycol monobutyl ether (EGBE, 2- Butoxyethanol) (CAS No. 111-76-2). 3. Includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average diameter one micrometer (1µ) or less. 4. Includes organic compounds which have more than one benzene ring and which have a boiling point greater than or equal to 212 ºF (100 ºC). 5. A type of atom which spontaneously undergoes radioactive decay. MARICOPA COUNTY BOARD OF HEALTH MEETING MINUTES Monday, April 26, 2021, at 3:00 PM Virtual Meeting due to COVID-19 and social distancing guidelines President MacMillan called the meeting to order at 3:00 p.m. ROLL CALL: Members Present: Members Absent: Kristen Acton Supervisor Bill Gates Debra Baldauff Don Cassano Paul Stander Paula Banahan Robert MacMillan Robin Schaeffer Scott Celley Ex-Officio: Marcy Flanagan 1. CALL TO ORDER President MacMillan A. Roll Call B. Call to the Public President MacMillan asked if there was anyone from the public that wanted to address the Board. Ms. Sampler responded that there were no requests known to speak at this time and informed all that they would have the opportunity to type them in the question section, to be acknowledged during or after the meeting accordingly. DISCUSSION/ACTION ITEMS: 2. Approval of Minutes President MacMillan President MacMillan asked for a motion to approve the minutes from the Board of Health (BOH) meeting held on January 26, 2021. A motion was made by Mr. Celley to approve the BOH minutes as presented. Mr. Cassano seconded the motion. The motion passed unanimously. 3. Approval of the Board of Health Bylaws and make a recommendation to the Board of Supervisors to approve revisions President MacMillan Members acknowledged receipt of the revised bylaws. A discussion was had concerning Article III Section 8; Power and Duties, which advises that the Board shall review the Health Status report for Maricopa County annually. Future agendas will include an annual discussion of the Public Health status and Ms. Flanagan will update the board at a future meeting. A motion was made by Mr. Cassano to approve the BOH bylaws as presented. Ms. Banahan seconded the motion. The motion passed unanimously. 4. Appointment of two members to the Board of Health Finance Committee President MacMillan Return to list of attachments Article VI Section 2; Standing Committees advises that the finance committee shall consist of the President, Vice President-Finance, two At-large members and one shall be a physician. President MacMillan asked members if there was any interest in serving on the Finance Committee for 2 years. Current members were acknowledged, Dr. Stander and Ms. Schaffer were appointed as finance committee members. A motion was made by Mr. Cassano to approve the BOH bylaws as presented. Ms. Baldauff seconded the motion. The motion passed unanimously. 5. Public Health Finance Update – 3rd Qtr FY21 Mr. Scot Pitcairn Mr. Pitcairn provided the Board with an update of Public Health’s fiscal year 2021 – 3rd Quarter Budget Status report for: • Fund 100 – General Fund • Fund 200 – Coronavirus Fund/CARES Act Funding • Fund 265 – Special Revenue Fund • Fund 532 - Grant Fund (refer to agenda packet for PHS finance memo and report summary) A discussion was had concerning Fund 200 to better understand the recovery ACT and spending. Mr. Porter explained the CARES ACT funding extends to December 2021; however, funds are expected to be expended by June 30. The recovery dollars were already added to the county for next year's budget. Ms. Bohn provided additional insight. The intent is to have the monies fully spent by end of June; Maricopa County has prioritized the pandemic response with said funds. The new American rescue plan act funds, Maricopa County is slated to receive about 870 million, with the first half expected within the next two weeks, federal guidance will detail how funds are to be used. Additional funds are expected for use for non-related pandemic events. Arizona is expecting 4.8 billion, a lot of the funds are dedicated towards vaccines, contract tracing, and other Public Health specific programs. It’s expected that a portion of said funds will flow down to Public Health agencies. It’s expected that Public Health will have a lot of opportunities to put programs into place. Mr. Porter further explained that a lot of the funds will be expended through the grant dollars coming into the department. The above baseline general funds will be ongoing dollars year after year. Most of the funds will be expended through the department. Some items are already established through the CARES ACT funding. The budget office is recommending keeping those General Fund positions on an ongoing basis beyond the COVID grant dollars. President Macmillan asked if there was both a motion to approve the Public Health finance report and if anyone wanted to make a recommendation to the Board of Supervisors to approve the Public Health FY22 budget request as recommended by the Maricopa County Budget Office. Ms. Schaffer made a motion to approve the budget as presented, Mr. Cassano seconded the motion. The motion passed unanimously. A recommendation for the Board of Supervisors to approve the Public Health FY22 budget was made by Ms. Schaffer and seconded by Mr. Cassano. The recommendation passed unanimously. 6. Environmental Services Finance Update – 3rd Qtr FY21 Mr. Ryan Hautzinger Mr. Hautzinger provided the Board with an update of Environmental Services fiscal year 2021 – 3rd Quarter Budget Status report for: • Fund 100 - County General Fund o The fund is reporting under the YTD budget through Period 9 close FY21. • Fund 290 – Environmental Tire Fund • Fund 506 – Environmental Fee Fund • Approval of FY 22 OMB Budget Request o Fund 100 – County General Fund o Fund 290 – Environmental Tire fund o Fund 506 Environmental Fee Fund There were no questions asked pertaining to the report as presented. President Macmillan asked if there was both a motion to approve the Environmental Services finance report and if anyone wanted to make a recommendation to the Board of Supervisors to approve the Environmental Services FY22 budget request as recommended by the Maricopa County Budget Office. Mr. Celley made a motion to approve the budget as presented, and Mr. Cassano seconded the motion. The motion passed unanimously. A recommendation for the Board of Supervisors to approve Environmental Services FY22 budget was made by Mr. Celley and seconded by Mr. Cassano. The recommendation passed unanimously. (refer to agenda packet for finance summary) 7. Air Quality Department – Make a recommendation to the Board of Supervisors to approve the proposed revisions to the following rules: A. AQ-2017-007 Rule 322 (Power Plant Operations) Rule 323 (Fuel Burning Equipment from Industrial/Commercial/Institutional (ICI) Sources) Rule 324 (Stationary Reciprocating Internal Combustion Engines (RICE)). Mr. Verkamp explained each rule as presented. The department is proposing to revise these rules, to address rule deficiencies identified by the EPA. Proposed revisions are required to secure the approval of the rules as part of the Arizona State Implementation Plan under the Federal Clean Air Act. The Department's also proposing revisions to address recommendations provided by the EPA, incorporate revisions recommended by stakeholders and make revisions to improve and clarify the rules. The department has held stakeholders’ workshops for all the rules to discuss the proposed revisions with stakeholders’. Notices of the rulemakings were posted on the Maricopa County Enhanced Regulatory Outreach Program website, for stakeholders to review and comment on the revisions. The Air Quality Department received a public comment shortly before the posting deadline for their reports, revisions to address the comment were forwarded to all board members earlier today. Specifically, the department added language to Section 102.1 D regarding the applicability of the non- road engine records requirement in Rule 324, basically narrowing it down to just those types of engines that are kind of like generators. The department advised that they didn't want to be regulating non-road engines such as backhoes and bulldozers. A revision to Section 502.6 of Rule 324 was also made. It now reads as follows: An owner-operator of a non-road engine shall maintain the following records for each non-road engine. A, date that each engine is brought to the stationary source, and B, for are engines located at a stationary source greater than 14 consecutive days. • Owners must maintain records of the make model, serial number, and rated capacity of the engine. • The date of each instance in which the engine is moved from its existing location, and the reason why the engine was moved; and • Fuel type and sulfur content of the fuel The language “for engines located at the stationary source greater than 14 consecutive days”, was added to limit the record-keeping requirement for those non-road engines such as rentals – so of stakeholders not having to keep all these records for just a rental generator that came and went off on- site, very quickly. The department spoke with the stakeholder who submitted this comment last week and they were satisfied with the revisions that we made to address their concerns. Additional discussions were had concerning ASU turbine and which rule their equipment falls under. President MacMillan asked if anyone wanted to make a recommendation to the Board of Supervisors to approve the revisions to Rule 322, as presented. The recommendation was made by Ms. Schaffer and seconded by Mr. Cassano . The recommendation passed unanimously. President MacMillan asked if anyone wanted to make a recommendation to the Board of Supervisors to approve the revisions to Rule 323 as presented. The recommendation was made by Ms. Schaffer and seconded by Mr. Cassano. The recommendation passed unanimously. President MacMillan asked if anyone wanted to make a recommendation to the Board of Supervisors to approve the revisions to Rule 324 as presented. The recommendation was made by Ms. Schaffer and seconded by Mr. Cassano. The recommendation passed unanimously. The Air Quality Department respectfully asks the Board to approve their request of a recommendation to the Board of Supervisors to approve the revisions to Rule: B. AQ-2017-008 Rule 336 (Surface Coating Operations) A discussion was had about changes with Rule 336. The department had no oppositions or comments on Rule 336. The proposed rulemaking will be published as a part of the Report to the Board of Supervisors on the EROP website for a public comment period before the public hearing. President MacMillan asked if anyone wanted to make a recommendation to the Board of Supervisors to approve the revisions to Rule 336 as presented. The recommendation was made by Ms. Schaffer and seconded by Mr. Cassano. The recommendation passed. There was one Nye by Mr. Macmillan. Air Quality Department requests Board of Health approval of the expedited process rulemaking for Rule 370. C. AQ-2019-003 Rule 370 (Federal Hazardous Air Pollutant Program) President MacMillan asked if there was a motion to approve the expedited process rulemaking for Rule 370 as presented. Ms. Schaffer made a motion to approve the expedited process rulemaking for Rule 370 and Mr. Cassano seconded the motion. The motion passed unanimously. 8. Fee Waiver Applications – Twenty-three (23) permit fee waivers Mr. Ken Conklin Fee Waiver Application Summary Sheet and Fee Waiver Staff Report (refer to agenda packet for memo and finance summary) Mr. Conklin presented a summary of documents previously distributed to the Board on the 23 Permit Fee Waiver applications and referred all to the Fee waiver Application Summary sheet and Staff Report, noting that all 23 met the Maricopa County Environmental Services Health Code Chapter 1. Regulation 5. Only an operator of a charitable non-profit establishment, which operates to provide relief to the solely distressed or underprivileged my apply to the Board of Health for the waiver of a permit fee. A waiver may be granted only if the operator maintains a current 501 (c)3 tax-exempt status. This demonstrates that the payment of the said fee will cause financial hardship. The Board was asked to approve P1-P20 and C1-C3 on the fee waiver applications submitted. President MacMillan asked if there was a motion to approve the 23 fee waiver applications presented as P1 through P20 and C1 through C3. A Motion was made by Mr. Celley to approve the 23 fee waiver permits and seconded by Mr. Cassano. All were in favor, the motion carried. Discussion Items 9. Public Health Report Marcy Flanagan I. Human Resources II. Communications III. Infrastructure IV. Strategic Planning V. Programs VI. Disease Update VII. Future Topic Coronavirus/Covid-19 Pandemic Updates National Summary • Cases to date - 31,660,546 • 7 day case rate per 100,000 is - 132 • Death total – 566,494 Ms. Flanagan provided that the US today increased by 60, just over 62,000 new cases, 875 new deaths today. Maricopa County Summary • Cases to date • 7 day case rate per 100,000 is – 78 (lower than National average) 67 per 100,000. So, our case rate increased slightly over the past two weeks are positive cases. • 6% PCR positive cases in Maricopa County Maricopa County is slowly reaching herd immunity, and about 80% of adults, 65 and older have received at least one dose of a vaccine. • The daily average of vaccines is 30,000 • Higher incidence of ethnic minorities receiving the vaccine • Uniting with local community partners to get residents vaccinated in hard-to-reach minority populations. There's still not a definitive percentage that we have to get to reach herd immunity, most reports advise between 80-90 percent. There’s still a long way to go, appointments are declining, some people choose not to receive their second dose. Efforts to push getting vaccinated • Maricopa County developing a Communications Department • Both State and National level about are already in the works with communications Vaccine Allocations • Several States are beginning to turn down allotments due to their numbers of interest declining, including Arizona. • Smaller counties turned down allocations • Increase in Maricopa County allocation with Johnson and Johnson vaccine • FDA and CDC paused the Johnson and Johnson vaccine – a rare side effect of blood clots for some individuals, production and vaccination resumed as of Friday, while the CDC, FDA, and ACIP work on a case definition that will help further identify any potential cases. • Fact sheets will be provided for the vaccine at appointments Variants • The most common variant in the world is the B-117 Lineage • B-117 accounts for Forty-four percent of cases seen • Variant B-1429 counts for about seven percent of all cases in California • Common cases in Arizona are the B-117 • No new variants are known Vaccine appointments - Maricopa County has a goal to bring vaccines to groups that have difficulty with making or getting appointments. This includes those who may have mobility restrictions, vulnerable communities' economic or cultural language disadvantages. A list is maintained to alert people of available appointments, Maricopa County COVID-19-Vaccine-Locations which allows residents to be alerted of pop- up events. • Homebound individuals - Maricopa County is currently using the one dose Johnson and Johnson vaccine. • Group homes and behavioral homes are being vaccinated • Farms – vaccine events are also ongoing (one dose vaccine) • Pop up PODs in the Refugee communities Islamic and Asian Pacific Islander community • Partnering with Arizona Partnership Immunization • Assistance for those who have vaccine hesitancy in the communities can visit www.whyimmunize.org Mask Mandate A discussion was had regarding masks and in-school learning and other Executive Orders. Maricopa County businesses are mostly requiring masks. • Masks are optional in schools’ districts • Bulling is on the rise with those students who choose to mask up • ADE is partnering with Maricopa County for discussions • Masks are highly encouraged when you are unable to socially distance • CDC recommends wearing face masks when you are unable to socially distance • Maricopa County does not require a mask mandate • Cities and counties had an option to require a mask mandate • There was not a State-wide mandate Supervisor Gates leads a discussion to allow for additional insight into Maricopa County mask mandates. Within 48 hours of Governor Ducey issuing an Executive Order about mask mandates, the Maricopa County Board of Supervisor believed that that order effectively ended Maricopa County mask mandate. Maricopa County Board of Supervisors never voted to end the mask mandates, however, as operations of law, the belief was that it ended the mask mandate. All Maricopa County buildings require the use of masks. Discussions were had about the pandemic. MCDPHS - Annual Report Non- related COVID-19 matters • Public Health is focusing on data collections on health status in the community regards to health changes since COVID-19 • Data from the Office of the Medical Examiner and Arizona State suggests an increase in overdose deaths, it’s unsure whether it’s related to the virus. • Data shows an increase in STD’s (Refer to media recording for a recap of the report) Announcements and Current Events President/ Board Members Board members requests that a Public Health status report for 2020 be added to the agenda for discussion. Board members were reminded that any agenda item or suggestion must be emailed to Ms. Sampler requesting to add the topic the agenda. Adjournment President MacMillan There being no further business, Dr. Stander made a motion to adjourn the meeting and Ms. Schaffer seconded the motion. The motion passed unanimously. The meeting was adjourned at 5:38 p.m. Subject: FW: Online Form Submittal: Citizen Comments From: noreply@civicplus.com <noreply@civicplus.com> Sent: Wednesday, March 10, 2021 4:58 PM To: PND Regulatory <PNDRegulatory@maricopa.gov>; Kathy Semder (COA) <Kathy.Semder@Maricopa.Gov>; Andy Linton (OBM) <Andy.Linton@Maricopa.Gov>; Bill Leal (OBM) <Bill.Leal@Maricopa.Gov>; Kathryn Garcia (OBM) <Kathryn.Garcia@Maricopa.Gov>; Blanca Caballero (ENV) <Blanca.Caballero@Maricopa.gov> Subject: Online Form Submittal: Citizen Comments Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Case Number/Rule AQ-2019-003 Rule 370 Federal Hazardous Air Pollutant Program Department Air Quality I would like to Express support First Name Elizabeth Last Name Zima Organization City of Phoenix City Phoenix Zip 85003 Email elizabeth.zima@phoenix.gov Phone Number 6022563447 Phone Type Work Would you like someone to contact you? No Comments March 10, 2021 Phil McNeely Director Copies of All Written and Electronic Stakeholder Input Return to list of attachments Maricopa County Air Quality 3800 N. Central Ave. Suite 1400 Phoenix, AZ 85012 RE: Rule 370 proposed changes Dear Mr. McNeely: The City of Phoenix (City) appreciates this opportunity to provide comments regarding the proposed revisions to Rule 370. The City has reviewed the proposed changes and agrees with the elimination of the 12-month inspection requirement coupled with the incorporation of a 5-year reinspection requirement for non-friable ACM and the requirement to inspect new materials. The City agrees this will ease the regulatory burden while still protecting the environment and health. The City also agrees with the proposed revision that ordered demolitions will no longer be exempt from the use of amended water, as using amended water is a best management practice that is protective of the environment. The City supports the proposed revisions to Rule 370. These revisions clarify requirements and reduce duplication. Please contact Elizabeth Zima at elizabeth.zima@phoenix.gov if you have any questions. Sincerely, Nancy Allen Environmental Programs Administrator Office of Environmental Programs Phone: 602-256-5654 If applicable, attach supporting documentation associated with your comment. The only file types supported are MS Office and Adobe Acrobat. Field not completed. Email not displaying correctly? View it in your browser. Return to Comment #1 Subject: FW: Online Form Submittal: Citizen Comments From: noreply@civicplus.com <noreply@civicplus.com> Sent: Wednesday, April 21, 2021 3:17 PM To: PND Regulatory <PNDRegulatory@maricopa.gov>; Kathy Semder (COA) <Kathy.Semder@Maricopa.Gov>; Andy Linton (OBM) <Andy.Linton@Maricopa.Gov>; Bill Leal (OBM) <Bill.Leal@Maricopa.Gov>; Kathryn Garcia (OBM) <Kathryn.Garcia@Maricopa.Gov>; Blanca Caballero (ENV) <Blanca.Caballero@Maricopa.gov> Subject: Online Form Submittal: Citizen Comments Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Case Number/Rule AQ-2019-003 Rule 370 Federal Hazardous Air Pollutant Program Department Air Quality I would like to Other First Name William Last Name Cavness Organization TAI City Phoenix Zip 85027 Email bill@theasbestosinstitute.com Phone Number 6026773243 Phone Type Mobile Would you like someone to contact you? Yes Comments I am mostly in support of the proposed changes. See attachment. If applicable, attach supporting documentation associated with your comment. The only file types supported are MS Office and Adobe Acrobat. 2021 proposed MCAQD NESHAP revision.docx Email not displaying correctly? View it in your browser. 4/20/21 Notes MC AQD proposed revisions to local NESHAP 1. Sec. 104 (Exemptions) Changes the wording so that 4 separate buildings would be exempt instead of 1 building with 4 units. - Can a delegated jurisdiction circumvent the federal regulation? - Is this circumvention? - Is this like a “homestead exemption”? - Or, is this actually exempting up to 4 buildings at one demo site? (All references of “fully comply with all requirements of 40 CFR 61, Subpart M” have been removed (?)). (I need to research and collect ADIs and FR notices on the subject.) (I know that one of EPA’s justifications for the single residential building exemption was the national health agency at the time ruled that the demolition or renovation of a single house would not materially affect the ambient air level of asbestos.) 2. Definitions: Good definitions of the 3 AHERA certified persons (I, CS, W). Does this requirement for and definition of “AHERA Worker” give MCAQD authority to cite an owner/operator who employs a worker on a regulated (RACM) facility site that is not trained, but has an apparently valid certificate? Dwelling Unit: As defined here and used in the federal NESHAP definition of “Facility” seem to contradict the reasoning behind the Exemption at 104. 3. Good statement under 301.9, a: Definition of a ‘thorough inspection’. 4. Good requirement for an inspection report and the elements of the report at 301.9, a, (2) 5. Good that the outline parallels the federal reg at 61.145: Applicability, Notification, Procedures. It looks intentional. 6. Good that it references electronic submittals. Return to Comment #2 Return to Comment #3 Return to Comment #4 Return to Comment #5 Return to Comment #6 Return to Comment #7 7. Good that it clarifies that the rules apply to regulated (RACM) work, not non- regulated. 8. Good that the paragraph on transport requirements on Cat. 1 and Cat. 2 non- friable was removed. It should never have been in the asbestos NESHAP reg. 9. Good that waste is referred to as ACWM instead of RACM in several places. 10. I like the work that MCAQD did in cleaning up the local NESHAP. It is much more understandable and usable than the previous version. I especially like the inclusion of CARB 435 as an acceptable analytical method (not because I am a fan of the CARB method, but now we can easily prove that processed vermiculite is not ACM, and be done with that). It is easy to see that the goal was to make it simpler to understand and comply, instead of prescribing more rules for the sake of control as many local jurisdictions have done. BUT: we need a clarification of “Exemption”. The intent is probably good, I don’t know, but to play with the words of the federal regulation to accomplish a goal is not good. I believe that the intent of the federal regulation was always 4 dwelling units in a SINGLE building. However, I am all for the concept of a “farmstead exemption” Bill Cavness, Director The Asbestos Institute dba 20033 N. 19th Ave., Bldg 6, Phoenix, AZ 85027 bill@theasbestosinstitute.com Cell: 602-677-3243; Office: 602-864-6564 Return to Comment #9 Return to Comment #10 Return to Comment #8 Return to Comment #11 Subject: FW: Online Form Submittal: Citizen Comments Attachments: Rule 370 City of Mesa Comments.pdf From: noreply@civicplus.com <noreply@civicplus.com> Sent: Thursday, May 20, 2021 4:52 PM To: PND Regulatory <PNDRegulatory@maricopa.gov>; Kathy Semder (COA) <Kathy.Semder@Maricopa.Gov>; Andy Linton (OBM) <Andy.Linton@Maricopa.Gov>; Bill Leal (OBM) <Bill.Leal@Maricopa.Gov>; Kathryn Garcia (OBM) <Kathryn.Garcia@Maricopa.Gov>; Blanca Caballero (ENV) <Blanca.Caballero@Maricopa.gov> Subject: Online Form Submittal: Citizen Comments Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Case Number/Rule AQ-2019-003 Rule 370 Federal Hazardous Air Pollutant Program Department Air Quality I would like to Other First Name Ryan Last Name Cavalier Organization City of Mesa City Mesa Zip Field not completed. Email ryan.cavalier@mesaaz.gov Phone Number 4806445165 Phone Type Work Would you like someone to contact you? No Comments Please see attached for City of Mesa comments. If applicable, attach supporting documentation associated with your comment. The only file types supported are MS Office and Adobe Acrobat. Rule 370 City of Mesa Comments.pdf Email not displaying correctly? View it in your browser. Environmental Management and Sustainability DATE: May 20, 2021 TO: Maricopa County Air Quality Department THROUGH: Rob Kidder, Assistant City Engineer THROUGH: Jen Hetherington, Water Resources Regulatory Compliance Program Manager THROUGH: Keith Korch, Energy Resources Gas System Administrator THROUGH: Laura Hyneman, Environmental Management and Sustainability Deputy Director FROM: Ryan Cavalier, Environmental Programs Specialist SUBJECT: City of Mesa’s Comments to Proposed Maricopa County Rule 370 Rulemaking The City of Mesa appreciates this opportunity to provide comments during this phase of Maricopa County’s Rule 370 rulemaking process. The City takes pride in our robust environmental management programs and we value our relationship with Maricopa County’s regulating bodies. Representatives from various departments within the City of Mesa have had the opportunity to review the proposed revisions to Rule 370 and we are in general agreement with the breadth and intent of the revisions. Because it has been several years since any revisions have been made to Rule 370, the City supports Maricopa County’s efforts to streamline and clarify various portions of the rule. The City has identified two sections of the proposed revisions that are relevant to our operations and that can financially and operationally impact our policies and procedures. A discussion of our comments is below. Comment 1: Section 301.9a: …The requirement to inspect for the presence of asbestos shall not apply if the owner or operator assumes that the materials present are RACM and complies with all requirements that are applicable to the removal, handling, and disposal of RACM… The City of Mesa, as an owner and operator of a water and gas utility, is aware of the presence of asbestos cement pipe (ACP) and asbestos-containing gas pipe coating Return to Comment #12 buried throughout the city. These materials are easily visually identified as asbestos- containing and in most cases are identified in as-built drawings or in the City’s GIS utility maps. As a matter of policy, the City has chosen to forego the traditional approach to sampling these materials for confirmation of asbestos content, and we assume that they contain asbestos and treat them as non-regulated Category II Non-Friable asbestos containing materials (ACM). Our interpretation of Section 301.9a would be that these policies are no longer allowable as these materials are now to be considered regulated ACM (RACM) when asbestos content is assumed. By their nature, these materials are generally buried underground, leaving the City with no other option than to assume asbestos content absent a qualified inspector’s ability to access them prior to a project. According to the language of this section, the materials must now be sampled following excavation to eliminate the requirement to qualify them as RACM. This is untenable since, at a minimum, a qualified inspector must arrive at the site, collect a sample, wait for the laboratory’s report, then issue an inspection report in compliance with 301.9a(2)(a)-(d). Lastly, since the designation of RACM requires two elements (asbestos contents greater than 1%, and friability – ability of the material to be crushed into a powder using hand pressure), an intact and assumed asbestos containing material that is not friable should never be considered RACM. The City of Mesa respectfully requests that the language of this section be changed to allow owners to assume asbestos content of traditionally non-friable asbestos containing materials without the automatic assumption that these materials will be considered RACM and be required to be removed, handled, and disposed of as such. Comment 2: Section 301.9a(3): If more than 5 years has elapsed between the date when the facility was inspected for the presence of asbestos and the date when the demolition or renovation activity will commence, the owner or operator shall have each non-friable ACM re-inspected by an AHERA building inspector to determine if the ACM is still non- friable. This re-inspection shall occur prior to the commencement of demolition or renovation activity. The re-inspection must be documented in a written report that meets the requirements in Section 301.9(a)(2) of this rule. As written, this section indicates that if a facility has been inspected greater than 5 years prior to the commencement of demolition or renovation activity, then only the materials identified as non-friable need to be re-inspected to determine that they have not become friable in that time frame. If a qualified inspector were to assess that there were no new materials installed and that there were no materials identified as non-friable ACM in the original inspection report, the 5-year timeframe appears irrelevant. Return to Comment #13 The City of Mesa respectfully requests that the language of this section be clarified to reflect Maricopa County’s intent whether an owner is to assess all previously identified materials or only the non-friable ACMs after 5 years have elapsed. Once again, the City of Mesa appreciates the opportunity to comment on the proposed revisions to Maricopa County’s Rule 370, and we look forward to continuing our productive relationship in the future.