AQ-2023-005-RULE327-REPORT TO THE BOARD OF SUPERVISORS.PDF
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Air Quality Department
301 W. Jefferson St., Suite 410
Phoenix, Arizona 85003
P: 602-506-6010
E: AQMail@maricopa.gov
Executive Summary of the Report to the Board of Supervisors
Prepared by Maricopa County Air Quality Department
Board Hearing Date:
December 11, 2024
Case Number/Title:
AQ-2023-005- Rule 327 (Organic Material Processing)
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:
On November 7, 2022, the U.S. Environmental Protection Agency (EPA) reclassified portions
of Maricopa County from “marginal” to “moderate” nonattainment with respect to the 2015
National Ambient Air Quality Standard (NAAQS) for ozone. Sections 172(c) and 182(b) of the
Clean Air Act (CAA) require jurisdictions that are classified as moderate or higher
nonattainment to submit a state implementation plan (SIP) revision to provide for volatile
organic compound (VOC) emission reductions to attain the ozone NAAQS by the applicable
attainment date. The SIP revision must include provisions addressing reasonable further
progress, an attainment demonstration, and contingency measures amongst other provisions.
In response to the reclassification, MCAQD identified organic material processing as an
activity where potential emission reductions of volatile organic compounds could be made to
assist towards attainment of the ozone NAAQS. Organic material processing includes organic
material composting, stockpiling of small organic material, or any combination thereof. These
processes are known to produce VOC emissions through controlled or inadvertent biological
decomposition of organic materials that contribute to ground-level ozone formation.
Page 2 of 47
On February 7, 2024, EPA revised the annual fine particulate matter (PM2.5) NAAQS from 12.0
micrograms per cubic meter (µg/m3) to 9.0 µg/m3. As a proactive response to this lower
standard, Rule 327 is also proposing to limit ammonia emissions, which are a precursor to the
formation of PM2.5. Maricopa County has not yet been designated nonattainment for the 2024
PM2.5 standard, but it is anticipated a portion of the County will be designated nonattainment.
In addition to production of ammonia and ozone forming precursors, organic material
processing operations are also a source of air pollutant emissions from spontaneous
combustion due to internal organic material pile heating. Biological processes produce a
temperature high enough to initiate and sustain exothermic chemical reactions. Mismanaged
and poorly monitored large organic material piles can lead to, at a minimum, smoldering piles,
or in more severe cases a large flaming fire. Emissions from this type of spontaneous
combustion include NAAQS criteria pollutants nitrogen oxides (NOx) and PM2.5. The proposed
rule provides organic material processing management provisions to mitigate air pollutant
emissions produced by the spontaneous combustion of large piles of organic material.
Rule 327 will be considered a contingency measure for achieving the 2015 ozone NAAQS as
required by Section 172(c)(9) of the CAA. As such, it will become effective subsequent to the
EPA making a determination that either the Phoenix-Mesa nonattainment area failed to attain
the 2015 ozone NAAQS by the attainment date or failed to make reasonable further progress.
Due to the proposed rule containing a compliance schedule of 180 days after rule adoption,
provisions of the rule will become effective 180 days after local rule adoption or an EPA
determination, whichever occurs last.
Overview of Stakeholder Input and Staff Responses:
During the rulemaking process, MCAQD has received written comments from three (3)
stakeholders. One (1) stakeholder expressed opposition and two (2) stakeholders expressed
neither support nor opposition to the rulemaking.
Maricopa County
Air Quality Department
Planning and Analysis Division
Report to the
Board of
Supervisors
Rule 327 (Organic
Material Processing)
December 2024
Board of Health Meeting Date:
October 28, 2024
Board Hearing Date:
December 11, 2024
Case Number/Title:
AQ-2023-005-Rule 327 (Organic Material Processing)
Agenda Item:
(Pending)
Supervisor Districts:
All Districts
Applicant:
Staff
Request:
Approve creation of Maricopa County Air Pollution Control
Regulations, Rule 327 (Organic Material Processing) and
approve submission of the rule as a revision to the Arizona
State Implementation Plan (SIP).
On November 7, 2022, the U.S. Environmental Protection
Agency (EPA) reclassified portions of Maricopa County from
“marginal” to “moderate” nonattainment with respect to the
2015 National Ambient Air Quality Standard (NAAQS) for
ozone. Sections 172(c) and 182(b) of the Clean Air Act
(CAA) require jurisdictions that are classified as moderate or
higher nonattainment to submit a state implementation plan
(SIP) revision to provide for volatile organic compound
(VOC) emission reductions to attain the ozone NAAQS by the
applicable attainment date. The SIP revision must include
provisions addressing reasonable further progress, an
attainment demonstration, and contingency measures
amongst other provisions.
In response to the reclassification, MCAQD identified organic
material processing as an activity where potential emission
reductions of volatile organic compounds could be made to
assist towards attainment of the ozone NAAQS. Organic
material processing includes organic material composting,
stockpiling of small organic material, or any combination
thereof. These processes are known to produce VOC
emissions through controlled or inadvertent biological
decomposition of organic materials that contribute to
ground-level ozone formation.
On February 7, 2024, EPA revised the annual fine particulate
matter (PM2.5) NAAQS from 12.0 micrograms per cubic
meter (µg/m3) to 9.0 µg/m3. As a proactive response to this
lower standard, Rule 327 is also proposing to limit ammonia
emissions, which are a precursor to the formation of PM2.5.
Maricopa County has not yet been designated
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 4 of 68
nonattainment for the 2024 PM2.5 standard, but it is
anticipated a portion of the County will be designated
nonattainment.
In addition to production of ammonia and ozone forming
precursors, organic material processing operations are also
a source of air pollutant emissions from spontaneous
combustion due to internal organic material pile heating.
Biological processes produce a temperature high enough to
initiate and sustain exothermic chemical reactions.
Mismanaged and poorly monitored large organic material
piles can lead to, at a minimum, smoldering piles, or in more
severe cases a large flaming fire. Emissions from this type
of spontaneous combustion include NAAQS criteria
pollutants nitrogen oxides (NOx) and PM2.5. The proposed
rule provides organic material processing management
provisions to mitigate air pollutant emissions produced by
the spontaneous combustion of large piles of organic
material.
Rule 327 will be considered a contingency measure for
achieving the 2015 ozone NAAQS as required by Section
172(c)(9) of the CAA. As such, it will become effective
subsequent to the EPA making a determination that either
the Phoenix-Mesa nonattainment area failed to attain the
2015 ozone NAAQS by the attainment date or failed to make
reasonable further progress. Due to the proposed rule
containing a compliance schedule of 180 days after rule
adoption, provisions of the rule will become effective 180
days after local rule adoption or an EPA determination,
whichever occurs last.
Support/Opposition:
During the rulemaking process, MCAQD has received written
comments from three (3) stakeholders. One (1) stakeholder
expressed opposition and two (2) stakeholders expressed
neither support nor opposition to the rulemaking.
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 July 2023. Stakeholder Workshops were
held on March 12, 2024, and August 28, 2024.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 5 of 68
The Board of Health approved initiation of regulatory change
on April 22, 2024, and a Notice of Proposed Rulemaking was
posted on the EROP website on September 20, 2024. On
October 28, 2024, the Board of Health made a
recommendation to the Board of Supervisors to approve the
creation of Rule 327.
A newspaper notice of the Board of Supervisors public
hearing will be published in the Arizona Business Gazette on
November 7, 2024, and November 11, 2024. 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
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 6 of 68
Maricopa County
Air Quality Department
Planning and Analysis Division
Draft Notice of
Final
Rulemaking
Rule 327 (Organic
Material Processing)
December 2024
Draft Notice of Final Rulemaking
Maricopa County Air Pollution Control Regulations
Regulation III – Control of Air Contaminants
Rule 327 (Organic Material Processing)
The Maricopa County Air Quality Department (MCAQD) is proposing to create Rule 327
(Organic Material Processing). The Control Officer is posting this Draft Notice of Final
Rulemaking on the Maricopa County Enhanced Regulatory Outreach Program (EROP) website
as part of the Report to the Board of Supervisors, in accordance with the Maricopa County
EROP Policy. This notice includes the preamble, as prescribed in Arizona Revised Statutes
(A.R.S.) § 49-471.05, and the full text of the rule. This notice also includes a list of all previous
notices posted on the Maricopa County EROP website addressing the proposed rule and the
concise explanatory statement prescribed in A.R.S. § 49-471.07(B).
Preamble
1.
Statutory authority for the rulemaking (A.R.S. § 49-471.05(1)):
A.R.S. §§ 49-112, 49-474, 49-479 and 49-480
2.
Name and address of department personnel with whom persons may communicate
regarding the rulemaking (A.R.S. § 49-471.05(2)):
Name:
Will Adrian or Kimberly Butler
Maricopa County Air Quality Department
Planning and Analysis Division
Address:
301 W. Jefferson St., Suite 410
Phoenix, AZ 85003
Telephone:
602-506-6010
Fax:
602-506-6179
Email:
AQPlanning@maricopa.gov
Online:
Submit a Comment
3.
Rulemaking process (A.R.S. § 49-471.05(3)):
This rulemaking is following procedures identified in state statutes and the Maricopa
County EROP Policy.
County Manager Briefing:
July 21, 2023
Stakeholder Workshops:
March 12, 2024
Return to list of attachments
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 8 of 68
August 28, 2024
Board of Health Meeting to Initiate Regulatory
Change:
April 22, 2024
Notice of Proposed Rulemaking:
September 20, 2024
Board of Health Meeting to Recommend Approval
to the Board of Supervisors:
October 28, 2024
Board of Supervisors Formal Meeting to Set
the Public Hearing:
November 6, 2024
Board of Supervisors Public Hearing:
December 11, 2024
4.
Explanation of the rule, including the control officer's reasons for initiating the
rulemaking (A.R.S. § 49-471.05(4)):
On November 7, 2022, the U.S. Environmental Protection Agency (EPA) reclassified
portions of Maricopa County from “marginal” to “moderate” nonattainment with respect
to the 2015 National Ambient Air Quality Standard (NAAQS) for ozone. Sections 172(c)
and 182(b) of the Clean Air Act (CAA) require jurisdictions that are classified as
moderate or higher nonattainment to submit a state implementation plan (SIP) revision
to provide for volatile organic compound (VOC) emission reductions to attain the ozone
NAAQS by the applicable attainment date. The SIP revision must include provisions
addressing reasonable further progress, an attainment demonstration, and contingency
measures amongst other provisions.
In response to the reclassification, MCAQD identified organic material processing as an
activity where potential emission reductions of volatile organic compounds could be
made to assist towards attainment of the ozone NAAQS. Organic material processing
includes organic material composting, stockpiling of small organic material, or any
combination thereof. These processes are known to produce VOC emissions through
controlled or inadvertent biological decomposition of organic materials that contribute
to ground-level ozone formation.
On February 7, 2024, EPA revised the annual fine particulate matter (PM2.5) NAAQS from
12.0 micrograms per cubic meter (µg/m3) to 9.0 µg/m3. As a proactive response to this
lower standard, Rule 327 is also proposing to limit ammonia emissions, which are a
precursor to the formation of PM2.5. Maricopa County has not yet been designated
nonattainment for the 2024 PM2.5 standard, but it is anticipated a portion of the County
will be designated nonattainment.
In addition to production of ammonia and ozone forming precursors, organic material
processing operations are also a source of air pollutant emissions from spontaneous
combustion due to internal organic material pile heating. Biological processes produce
a temperature high enough to initiate and sustain exothermic chemical reactions.
Mismanaged and poorly monitored large organic material piles can lead to, at a
minimum, smoldering piles, or in more severe cases a large flaming fire. Emissions
Return to list of attachments
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 9 of 68
from this type of spontaneous combustion include NAAQS criteria pollutants nitrogen
oxides (NOx) and PM2.5. The proposed rule provides organic material processing
management provisions to mitigate air pollutant emissions produced by the
spontaneous combustion of large piles of organic material.
Rule 327 will be considered a contingency measure for achieving the 2015 ozone
NAAQS as required by Section 172(c)(9) of the CAA. As such, it will become effective
subsequent to the EPA making a determination that either the Phoenix-Mesa
nonattainment area failed to attain the 2015 ozone NAAQS by the attainment date or
failed to make reasonable further progress. Due to the proposed rule containing a
compliance schedule of 180 days after rule adoption, provisions of the rule will become
effective 180 days after local rule adoption or an EPA determination, whichever occurs
last.
5.
Studies relied on in the control officer's evaluation of or justification for the rule and
where the public may obtain or review the studies, all data underlying the studies, any
analysis of the studies and other supporting material (A.R.S. § 49-471.05(5)).
2018 International Fire Code as Amended by the City of Phoenix.
https://codes.iccsafe.org/content/PHXFC2018P1
California Integrated Waste Management Board. (2008). Emissions Testing of Volatile
Organic Compounds from Greenwaste Composting at the Modesto Compost
Facility in the San Joaquin Valley. Report prepared for the California Integrated
Waste Management Board, Contract IWM04072.
Organic Waste Processing Facilities Recommended Management Guidelines. (n.d.).
https://sustainability-innovation.asu.edu/resourceinnovation/wp-
content/uploads/sites/18/2017/01/OrganicWasteProcessingFacilities-RMGs-
FINAL.pdf
San Joaquin Valley Air Pollution Control District. (2010, Rev. 2023). Compost VOC
Emission Factors.
https://ww2.valleyair.org/media/hdsoobtp/criteria-compost-emission-factors-
report-final-voc-nh3-3-21-23.pdf
San Joaquin Valley Air Pollution Control District. (2009). Comparison of Mitigation
Measures for Reduction of Emissions Resulting from Greenwaste Composting.
https://valleyair.org/busind/pto/emission_factors/Criteria/Criteria/Composting/
FINAL-COMPOST-STUDY-REPORT.pdf
6.
An economic, small business and consumer impact statement (A.R.S. § 49-
471.05(6)):
The following discussion addresses each of the elements required for an economic,
small business and consumer impact statement, as prescribed by A.R.S. §§ 41-1055,
subsections A, B and C, and 41-1035:
An identification of the proposed rulemaking, including all of the following (A.R.S. §
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 10 of 68
41-1055(A)(1)):
This rulemaking is proposing to create Rule 327.
(a) The conduct and its frequency of occurrence that the rule is designed to change
(A.R.S. § 41-1055(A)(1)(a)).
MCAQD is proposing the creation of Rule 327 to limit emissions of VOCs and
ammonia from organic material processing operations and prevent emissions of
PM2.5 and NOx from combustion of organic material processing operations.
More specifically, VOC and ammonia emissions are proposed to be controlled from
the stockpiling and composting of organic material. Several requirements are
proposed as compliance options for stockpiling of organic material in order to
prevent inadvertent decomposition of organic material. Composting requirements
include watering and applying a finished compost cover to organic material piles. In
addition, a composting compliance option for the use of an aerated static pile
system (ASP) has been proposed which includes a requirement to apply a finished
compost cover upon initial pile formation.
Fire prevention provisions are proposed in order to prevent the spontaneous
combustion of large piles of organic material due to internal pile heating. Rule
provisions help ensure fire prevention through requirements for pile layout and
management, as well as access to material-handling equipment to aid in the event of
an emergency.
(b) The harm resulting from the conduct the rule is designed to change and the
likelihood it will continue to occur if the rule is not changed (A.R.S. § 41-
1055(A)(1)(b)).
Rule 327 will provide a dedicated rule to limit emissions of VOCs and ammonia from
organic material processing operations and prevent emissions of PM2.5 and NOx
from combustion of organic material processing operations. The requirements
proposed in Rule 327 will improve the control of these emissions. In the absence of
these requirements, it will be more difficult for Maricopa County to attain applicable
federal air quality standards and prevent emissions of PM2.5 and NOx from
combustion of organic material processing operations.
(c) The estimated change in frequency of the targeted conduct expected from the rule
change (A.R.S. § 41-1055(A)(1)(c)).
Rule 327 is based upon best management practices for organic material processing
operations, with the intent of implementing requirements already in use or easily
adopted if not already used. The majority of stakeholders who have provided input
have communicated current compliance with a significant portion of the proposed
rule requirements, mainly emission control requirements under stockpiling and
composting, as well as fire prevention. Through stakeholder feedback and site-visits
MCAQD does not anticipate a significant change in operations for the majority of
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 11 of 68
stakeholders applicable to the proposed rulemaking, however if any change were to
result MCAQD would anticipate it to be of the nature of monitoring, reporting, and
recordkeeping in order to demonstrate compliance with the rule.
A brief summary of the information included in the economic, small business and
consumer impact statement (A.R.S. § 41-1055(A)(2)).
This proposed rulemaking should not have a significant economic impact on small
businesses or consumers in Maricopa County. The proposed provisions of the rule are
based upon stakeholder feedback and cost-effective measures using best management
practices. The proposed requirements include a tiered approach for emission controls
based on throughput of organic material at affected businesses. The proposed fire
prevention requirements contain provisions most affected businesses currently
implement, for example an approved fire prevention plan and access to firefighting
equipment.
Name and address of agency employees who may be contacted to submit or request
additional data on the information included in the economic, small business and
consumer impact statement (A.R.S. § 41-1055(A)(3)).
Name:
Will Adrian or Kimberly Butler
Maricopa County Air Quality Department
Planning and Analysis Division
Address:
301 W. Jefferson St., Suite 410
Phoenix, AZ 85003
Telephone:
602-506-6010
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 (A.R.S. § 41-1055(B)(2)).
This proposed rulemaking will directly affect new and existing owners or operators of
organic material processing operations in Maricopa County that produce or receive 200
or more wet tons per year of any combination of green material, food material, and less
than or equal to 75 percent animal manure or poultry litter. Backyard and community
composting are exempt from the proposed requirements, as well as operations that
satisfy all of the of the following: organic material is processed on-site, used on-site,
and no financial transaction occurs for receipt of processed organic material.
This proposed rulemaking will benefit the people of Maricopa County in that it will result
in the reduction of ground-level ozone and PM2.5. The rulemaking will also benefit the
people of Maricopa County in that it will prevent the spontaneous combustion of
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 12 of 68
organic material processing operations, thereby preventing the release of air pollutants
as well as the expenditure of resources to mitigate and put out fires.
A cost benefit analysis of the following:
(a) The probable costs and benefits to the implementing agency and other agencies
directly affected by the implementation and enforcement of the proposed
rulemaking (A.R.S. § 41-1055(B)(3)(a)).
MCAQD anticipates accounting for incurred compliance costs by requiring appliable
operations to obtain a Non-Title V air quality permit with a cost of $680, which would
include Rule 327 requirements. Facilities may already currently possess a stationary
dust-generating general permit, with a cost of $360.
(b) The probable costs and benefits to a political subdivision of this state directly
affected by the implementation and enforcement of the proposed rulemaking
(A.R.S. § 41-1055(B)(3)(b)).
This rulemaking should not impose any significant new costs on any political
subdivision of this state.
(c) The probable costs and benefits to businesses directly affected by the proposed
rulemaking, including any anticipated effect on the revenues or payroll
expenditures of employers who are subject to the proposed rulemaking (A.R.S. §
41-1055(B)(3)(c)).
This proposed rulemaking should not have a significant economic impact on organic
material processing businesses in Maricopa County. The proposed provisions of the
rule are based upon stakeholder feedback and cost effective measures using best
management practices. The proposed requirements include a tiered approach for
emission controls based on throughput of organic material at affected businesses.
The proposed fire prevention requirements contain provisions most affected
businesses currently implement, for example an approved fire prevention plan and
access to firefighting equipment.
The anticipated cost applicable to businesses directly affected is $680, for obtaining
a Non-Title V air quality permit which would include Rule 327 requirements. Facilities
may already currently possess a stationary dust-generating general permit, with a
cost of $360.
A general description of the probable impact on private and public employment in
businesses, agencies and political subdivisions of this state directly affected by the
proposed rulemaking (A.R.S. § 41-1055(B)(4)).
This proposed 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:
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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(a) An identification of the small businesses subject to the proposed rulemaking
(A.R.S. § 41-1055(B)(5)(a)).
This proposed rulemaking will directly affect new and existing small business
owners or operators of organic material processing operations in Maricopa County
that produce or receive 200 or more wet tons per year of any combination of green
material, food material, and less than or equal to 75 percent animal manure or
poultry litter. Backyard and community composting, as defined by the rule, as well as
operations that satisfy all of the of the following: organic material is processed on-
site, used on-site, and no financial transaction occurs for receipt of processed
organic material, are all exempt from compliance with the rule.
(b) The administrative and other costs required for compliance with the proposed
rulemaking (A.R.S. § 41-1055(B)(5)(b)).
This proposed rulemaking should not have a significant cost impact for compliance.
The proposed provisions of the rule are based upon stakeholder feedback and cost
effective measures using best management practices. As these proposed
requirements consist of existing best management practices, there should be little
to no additional administrative or other cost required to implement for compliance.
Significant emission control techniques of application of water and a finished
compost cover should already be present on-site and in use. The proposed fire
prevention requirements contain provisions most affected businesses currently
implement, for example an approved fire prevention plan and access to firefighting
equipment.
The anticipated cost applicable to businesses directly affected is $680 for obtaining
a Non-Title V air quality permit which would include Rule 327 requirements. Facilities
may already currently possess a stationary dust-generating general permit, with a
cost of $360.
(c) A description of the methods that the agency may use to reduce the impact on
small businesses (A.R.S. § 41-1055(B)(5)(c)).
i. Establish less stringent compliance or reporting requirements in the rule for
small businesses (A.R.S. § 41-1035(1)).
Rule 327 contains less stringent organic material composting requirements than
were originally proposed to address stakeholder feedback including the
development of a tiered approach for emission controls based on throughput of
organic material at affected businesses. Smaller businesses, those with a
smaller throughput, have less stringent compliance requirements.
Additionally, the proposed rule does not apply to organic material processing
operations in Maricopa County that produce or receive less than 200 wet tons
per year of any combination of green material, food material, and less than or
equal to 75 percent animal manure or poultry litter. Backyard and community
composting, as defined by the rule, as well as operations that satisfy all of the of
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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the following: organic material is processed on-site, used on-site, and no financial
transaction occurs for receipt of processed organic material are also exempt
from compliance with the rule.
ii. Establish less stringent schedules or deadlines in the rule for compliance or
reporting requirements for small businesses (A.R.S. § 41-1035(2)).
The requirements of the rule will become effective 180 days following a
determination by the U.S. Environmental Protection Agency that either of the
following triggering events has occurred in a. or b.:
a. The Phoenix-Mesa 2015 ozone NAAQS nonattainment area failed to attain the
2015 ozone NAAQS by the Moderate area attainment date;
b. The Phoenix-Mesa 2015 ozone NAAQS nonattainment area failed to make
reasonable further progress under the 2015 ozone NAAQS.
c. If EPA makes such a determination as described in a. or b. prior to adoption
of the rule, the requirements of the rule will become effective 180 days
following adoption.
Essentially, the rule provides a 6 month compliance timeframe after it becomes
effective.
iii. Consolidate or simplify the rule's compliance or reporting requirements for
small businesses (A.R.S. § 41-1035(3)).
MCAQD’s Business Assistance Unit provides a collection of recordkeeping
templates, handbooks, field guides, flyers, and other resources to consolidate
and simplify compliance and reporting requirements, particularly for small
businesses with limited resources. The Business Assistance Unit also provides
information and technical assistance to business owners related to air quality
rules and regulations, courtesy site visits and on-site training, and rule
interpretation and education if needed to ensure compliance. MCAQD anticipates
resources and services as the aforementioned to be developed by the Business
Assistance Unit in order to consolidate and simplify the proposed rule’s
compliance and reporting.
iv. Establish performance standards for small businesses to replace design or
operational standards in the rule (A.R.S. § 41-1035(4)).
No performance standards for small businesses have been established to
replace design or operational standards in the rule.
v. Exempt small businesses from any or all requirements of the rule (A.R.S. § 41-
1035(5)).
This proposed rule does not apply to small business owners or operators of
organic material processing operations in Maricopa County that produce or
receive less than 200 wet tons per year of any combination of green material,
food material, and more than 75 percent animal manure or poultry litter. In
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 15 of 68
addition, backyard and community composting, as defined by the rule, as well as
operations that satisfy all of the of the following: organic material is processed
on-site, used on-site, and receive no financial gain from sale of the organic
processed material, are exempt from compliance with the rule.
(d) The probable cost and benefit to private persons and consumers who are directly
affected by the proposed rulemaking (A.R.S. § 41-1055(B)(5)(d)).
This rulemaking should not result in any significant costs for private persons and
consumers.
A statement of the probable effect on state revenues (A.R.S. § 41-1055(B)(6)).
There is no projected change in consumer purchase patterns and, thus, no projected
impact on state revenues from sales taxes.
A description of any less intrusive or less costly alternative methods of achieving the
purpose of the proposed rulemaking, including the monetizing of the costs and
benefits for each option and providing the rationale for not using nonselected
alternatives (A.R.S. § 41-1055(B)(7)).
The purpose of this rulemaking is to create Rule 327 in order to obtain emission
reductions of VOCs to assist in achieving attainment of the ozone NAAQS. Due to
Maricopa County being reclassified as a moderate nonattainment area with respect to
the 2015 8-hour ozone NAAQS, Sections 172(c) and 182(b) of the CAA require
jurisdictions that are classified as moderate or higher nonattainment to submit a SIP
revision to provide for VOC emission reductions to attain the ozone NAAQS by the
applicable attainment date. Failure to do so could result in sanctions and imposition of
a FIP under the CAA which could adversely affect Maricopa County.
A description of any data on which a rule is based with a detailed explanation of how
the data was obtained and why the data is acceptable data (A.R.S. § 41-1055(B)(8)).
See Section 5 for a description and links from where the data was obtained.
7.
The proposed effective date of the rule (A.R.S. § 49-471.05(7)):
The proposed adoption date of Rule 327 is December 11, 2024. Due to this rule being
adopted as a contingency measure for achieving the 2015 ozone NAAQS, the proposed
effective date of this rulemaking will be one of the following:
• If the proposed rule is adopted by the Maricopa County Board of Supervisors on
the proposed adoption date of December 11, 2024, and before determination of
the EPA as described in section 102.2, then the requirements of Rule 327 shall
not become effective until 180 days after a determination of the EPA as
described in section 102.2.
• If the proposed rule is adopted by the Maricopa County Board of Supervisors
after determination of the EPA as described in section 102.2, then the
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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requirements of the rule will become effective 180 days after the proposed
effective date of December 11, 2024.
8.
Such other matters as are prescribed by statute and that are applicable to the county
or to any specific rule or class of rules (A.R.S. § 49-471.05(8)):
Under A.R.S. § 49-479(C), a county may not adopt a rule or ordinance that is more
stringent than the rules adopted by the Director of the Arizona Department of
Environmental Quality (ADEQ) for similar sources unless it demonstrates compliance
with the applicable requirements of A.R.S. §49-112.
§ 49-112 County regulation; standards
§ 49-112(A)
When authorized by law, a county may adopt a rule, ordinance or regulation that is more
stringent than or in addition to a provision of this title or rule adopted by the director or
any board or commission authorized to adopt rules pursuant to this title if all of the
following requirements are met:
1. The rule, ordinance or regulation is necessary to address a peculiar local condition.
2. There is credible evidence that the rule, ordinance or regulation is either;
(a) Necessary to prevent a significant threat to public health or the environment that
results from a peculiar local condition and is technically and economically
feasible.
(b) Required under a federal statute or regulation, or authorized pursuant to an
intergovernmental agreement with the federal government to enforce federal
statutes or regulations if the county rule, ordinance or regulation is equivalent to
federal statutes or regulation.
3. Any fee or tax adopted under the rule, ordinance or regulation does not exceed the
reasonable costs of the county to issue and administer the permit or plan approval
program.
§ 49-112(B)
When authorized by law, a county may adopt rules, ordinances or regulations in lieu of a
state program that are as stringent as a provision of this title or rule adopted by the
director or any board or commission authorized to adopt rules pursuant to this title if
the county demonstrates that the cost of obtaining permits or other approvals from the
county will approximately equal or be less than the fee or cost of obtaining similar
permits or approvals under this title or any rule adopted pursuant to this title. If the state
has not adopted a fee or tax for similar permits or approvals, the county may adopt a
fee when authorized by law in the rule, ordinance or regulation that does not exceed the
reasonable costs of the county to issue and administer that permit or plan approval
program.
MCAQD is in compliance with A.R.S. §§ 49-112(A) and (B). Rule 327 is a rule creation
and there is no previous version of the rule. This new rulemaking is considered to be in
addition to provisions of A.R.S. Title 49 or rules adopted by the Director of ADEQ or any
Board or Commission authorized to adopt rules pursuant to A.R.S. Title 49.
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In accordance with A.R.S. §§ 49-112(A) and (B), MCAQD is authorized to adopt Rule 327
because the following requirements have been met:
1. Rule 327 is necessary to address a peculiar local condition, in that Maricopa County
fails to meet the 2015 8-hour NAAQS for ozone. (§ 49-112(A)(1))
2. The adoption of Rule 327 is required by federal law (Section 172(c)(9) of the Clean Air
Act) to address contingency measures for state implementation nonattainment plans.
(§ 49-112(A)(2)(b))
3. The new fee associated with this proposed rulemaking is $680 and does not exceed
reasonable costs as described above. (A.R.S. § 49-112 (A)(3) and A.R.S § 49-112 (B))
9.
List of all previous notices posted to the Maricopa County EROP website addressing
the proposed rule and a concise explanatory statement, as prescribed by A.R.S. § 49-
471.07(B):
(a) List of all previous notices posted to the Maricopa County EROP website
addressing the proposed rule:
Notice
Date of Posting
Briefing Notification to County Manager:
August 15, 2023
Notices of Stakeholder Workshops:
February 27, 2024
August 13, 2024
Notice of Board of Health Meeting to Initiate
Regulatory Change:
April 8, 2024
Notice of Proposed Rulemaking:
September 20, 2024
Notice of Board of Health Meeting to Recommend
Approval to the Board of Supervisors:
October 14, 2024
(b) The following discussion addresses each of the elements required for a concise
explanatory statement, as prescribed by A.R.S. § 49-471.07(B):
i.
A description of any change between the proposed rule or ordinance, the final
rule or ordinance or notice of final supplemental rule or ordinance.
The following changes were made after the Notice of Proposed Rulemaking was
published on September 20, 2024.
•
Added operation and maintenance language to § 303.2. The added language
reads as follows:
“Operate and maintain the ASP in accordance with the manufacturer’s
specifications or written procedures developed by the owner or operator
based on good air pollution control practices for minimizing emissions, and
comply with either of the following:”
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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•
Added phrase “as required in § 303.1 b.” to § 304.2 to improve rule clarity.
This section now reads:
“An owner or operator shall cover the surface area of at least the top third of
each pile with finished compost cover so that there is at least six inches in
height of finished compost cover as measured at the peak of each pile. An
owner or operator shall cover the surface area of each pile as described
within three hours of initial pile formation and, as required in § 303.1 b., within
three hours after each turning of the pile for at least three turns of each pile.
For any piles that are mechanically turned after 2:00 pm, an exception to the
three-hour limit can be made, which allows the owner or operator to cover the
surface area of at least the top third of each pile with finished compost cover
within three hours of the start of organic material composting operations the
following calendar day.”
•
Added recordkeeping language to § 503.3 associated with the added
operation and maintenance language in § 303.2. The added language reads
as follows:
“c. Record the date, time, and pressure drop of the duct system vented to the
biofilter, at least once per week.”
“d. Maintain a copy of the manufacturer’s specifications or written
procedures developed by the owner or operator based on good air pollution
control practices for minimizing emissions, used to comply with § 303.2, on
site and available to the Control Officer upon request.”
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. MCAQD received written comments from
three stakeholders. All comments were reviewed and evaluated by MCAQD. A
link to a copy of the stakeholder comments is provided.
Stakeholder #1: Comment #1 submitted on September 6, 2023.
Comment #1:
I am a teacher and looking for someone to come to my school to explain
Aquaponics through vector control.
Response #1:
Comment does not pertain to the rulemaking. No revisions were made to the rule
in response.
Stakeholder #2: Comments #2 through #11 submitted on March 12, 2024.
Return to list of attachments
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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I have provided a series of specific comments on the proposed rules. However, I
would like to express opposition (and, frankly, dismay) over this rule. This will
have the impact of either reducing the amount of compost my farm is able to
reduce or dramatically increasing the amount of fossil fuel I have to burn to
comply with the rules. Princeton University's Project Drawdown reports "that
composting organic waste versus landfilling it can reduce more than 50% of
carbon dioxide-equivalent greenhouse gas emissions", but the emission savings
from landfill diversion is only one benefit of composting.
What is not as talked about nor accounted for in the analysis on composting by
Project Drawdown, is the benefit of applying compost to soil. When the end-use
of compost is considered, composting is indirectly tied to a dozen or more
solutions presented in Project Drawdown from green roofs and conservation
agriculture, to plant-based diets.
Compost is a natural way to provide nutrients to plants to enhance productivity
while storing carbon in soils. As such, compost not only reduces carbon
emissions by the aforementioned amount, but shares emissions savings through
many of the other climate solutions in Project Drawdown by acting as a carbon
sink or “sponge” that can soak up emissions currently in the atmosphere and
limit the impacts of climate change which is already causing devastating
wildfires, flooding, and droughts to name a few.
A regulation which reduces composting or, even worse, requires the extensive
use of fossil fuel, is counter-productive.
The science this rule is based on is decades old and not rigorous. The net impact
is highly likely to be to release more Methane gas and do much more harm than
good.
Response #2:
The primary reason for this rulemaking is to limit the emissions of VOCs from
organic material processing operations. VOCs contribute to the formation of
ozone and portions of Maricopa County are currently designated as a moderate
nonattainment area with respect to the 2015 NAAQS for ozone. As such,
Maricopa County must implement measures to reduce VOCs to assist towards
attainment of the ozone NAAQS. Organic material processing operations such as
composting are known to emit VOCs; therefore, MCAQD is proposing a rule to
limit those emissions. MCAQD recognizes the benefits of composting but must
also implement measures to limit the formation of ozone.
Additionally, the science relied upon in this rulemaking includes, as cited in
section 5 of the preamble, the Compost Emission Factors Report published by
San Joaquin Valley Air Pollution Control District. This report was recently revised
on March 21, 2023 making the science behind this rule current.
Comment #2:
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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Overall: This rule is based on measurements and assessments that are almost
20 years old and not widely replicated. They seek to manage primarily CO2
emissions. Two important points: First, the overall greenhouse gases released
from food and green waste are at least 50% lower from composting than from
burying that waste in a landfill. If this rule has the effect of reducing composting,
the impact on the overall quality of air in Maricopa County gets worse. Second,
many of the rules will require significantly more “loader time” to make compost.
My loaders burn diesel fuel – so a rule that requires 6 hours of loader time per
windrow per turn, will burn approximately 40 gallons of fossil fuel. The EPA
reports that every gallon of diesel fuel burned creates about 8,887 grams of CO2
or almost 36 Kilos of CO2 (based on CA study California Air Resources Board).
They estimated of process emissions from composting are 0.007 MTCO2/ton (7
KG per ton) or between 300 – 400 KG per row (of which the target is 50% - 60%
reduction). The rule is asking us to spend significant cost and 36 KG of CO2 to
save 150 KG, which seems inefficient.
Plus, the reduction ignores the widely accepted recognition of the following
benefits from the USE of compost:
• Decreased water use for similar growing results
• Decreased Soil Erosion
• Reduced Fertilizer Use
• Reduced Herbicide Use
Response #3:
The science relied upon in this rulemaking includes, as cited in section 5 of the
preamble, the Compost Emission Factors Report published by San Joaquin
Valley Air Pollution Control District. This report was recently revised on March 21,
2023 making the science behind this rule current.
The purpose of the rulemaking is to limit emissions of VOC and ammonia, as well
as prevent the emissions of NOx and PM2.5. Greenhouse gases are not regulated
by this rule. As mentioned in Response #2, the primary reason for this rulemaking
is to limit VOC emissions from organic material processing operations to assist
towards attainment of the ozone NAAQS and thereby improve overall air quality
in Maricopa County.
Additionally, many proposed requirements in the rule were revised during the
rulemaking process to address stakeholder feedback. For example, facilities with
an organic material throughput below 10,000 tons per year (Section 302) are only
required to apply finished compost cover upon initial pile formation, instead of
the previously proposed requirement to apply finished compost cover upon initial
pile formation and after each pile turning for the duration of the active
composting phase. This revised requirement will reduce “loader time” and
thereby reduce fuel use.
Comment #3:
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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Comment #4:
102 Applicability: This rule applies to very small operations. An operation
processing 201 tons is going to product about 70 -90 yards of compost. This will
force very small operations to comply with complex rules and reporting
regulations. We recommend this be revised to operations larger than 10 acres or
that the rule be bifurcated into rules for large commercial operations (10 acres or
larger) and small operations.
Response #4:
The rule applicability is in part based upon MCAQD's permitting threshold for
VOCs, 0.5 tpy. Based upon organic material stockpiling and composting VOC
emission factors (0.2 lbs/wet ton/day and 3.58 lbs/wet ton, respectively)
provided in the Compost Emission Factors Report published by San Joaquin
Valley Air Pollution Control District (link in section 5 of the preamble), an
operation with a throughput of approximately 200 tpy would emit approximately
0.5 tpy of VOCs.
Additionally, Rule 327 contains less stringent organic material composting
requirements than were originally proposed to address stakeholder feedback
including the development of a tiered approach for emission controls based on
throughput of organic material at affected businesses. Smaller businesses, those
with a smaller throughput, have less stringent compliance requirements.
Comment #5:
301.3 Cover: This rule seems aimed at an environment where rain is a concern.
The average number of rainy days in Phoenix is 33. This rule asks us to perform a
rather difficult task 100% of the time, when it is only relevant less 10% of time.
We recommend this be replaced with “cover only material that will begin active
composting if hydrated, prior to and during a predicted rain event”
Response #5:
Section 301 is intended to reduce emissions from inadvertent decomposition of
organic material. Compliance with the requirements for use of a waterproof
cover under section 301.3 is only required if the owner or operator chooses this
compliance option. This compliance option prevents inadvertent decomposition
by mitigating excess water accumulation in the stockpile.
Section 301 has been revised to allow for an extended stockpiling timeframe of
organic material. Specifically, Section 301.4 allows an owner or operator to
stockpile organic material beyond 10 days as long as they can demonstrate the
material has a moisture content of less than 40% using a moisture test described
in the rule. This demonstration must be measured at least once per calendar
week. This provision was added in acknowledgement of the surrounding dry, arid
climate and ability of facilities to maintain relatively dry material given low annual
rainfall.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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Comment #6:
302.1 b. Composting Requirement: This rule restricts my ability to manage my
piles based on my expert experience and consultants. We frequently turn piles at
day 4. And, while rare, we occasionally do not turn pile more than twice.
Response #6:
The requirement that piles be turned at a specific frequency has been removed
from the rule. The frequency with which piles must be turned is no longer
specified, but requirements remain, i.e. moisture content, whenever the owner or
operator does turn a pile.
Comment #7:
302.1 c. Composting Requirement: Adding six inches of finished compost after
every turn is impractical with our footprint. Our windrows are set far enough
apart for a tractor with a turner, but not far enough apart for a loader to apply the
finished compost after each turn. We could add the finished compost when the
row was initially established, but on subsequent turns. We estimate the cost of
this rule to be $4.61 per yard of compost (incremental cost)
Response #7:
The requirement to apply finished compost cover upon initial pile formation and
after each pile turning for the duration of the active phase has been revised for
facilities with an organic material throughput below 10,000 tons per year (Section
302). Facilities with an organic material throughput below 10,000 tons per year
are only required to apply finished compost cover upon initial pile formation.
Comment #8:
303.2 Composting Requirement: Again, adding six inches of finished compost
after every turn is impractical with our footprint. Our windrows are set far enough
apart for a tractor with a turner, but not far enough apart for a loader to apply the
finished compost after each turn. We could add the finished compost when the
row was initially established, but on subsequent turns. We estimate the cost of
this rule to be $4.61 per yard of compost (incremental cost).
Response #8:
The requirement to apply finished compost cover upon initial pile formation and
after each pile turning for the duration of the active phase has been revised for
facilities with an organic material throughput below 10,000 tons per year (Section
302). Facilities with an organic material throughput below 10,000 tons per year
are only required to apply finished compost cover upon initial pile formation.
Comment #9:
304.2 Pile Layout: It is not clear if this applies just to inputs or to compost as
well. It should not apply to active compost piles – if they meet the hydration
requirements, it is impossible for them to catch fire. The other requirements are
covered by the rules for a Fire Prevention Plan – they are site specific and should
be reviewed as such.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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Response #9:
An owner or operator of an organic material process operation with an approved
Fire Prevention Plan as described in Section 305 does not have to comply the pile
layout requirements in Section 305.2 (previously Section 304.2). Only owners and
operators without an approved Fire Prevention Plan must comply with this
section. The pile layout requirements in Section 305.2 were developed using fire
prevention guidelines recommended by the Resource Innovation and Solutions
Network (RISN). RISN is a program of the Rob and Melani Walton Sustainability
Solutions Services at Arizona State University, in partnership with the city of
Phoenix’s Reimagine Phoenix initiative.
Comment #10:
501.3 Records: This one makes me very nervous. I can’t see how my proprietary
logs should be made available to the general public.
Response #10:
Recordkeeping and reporting by a facility used to verify compliance are made
available to the public through public records request, to ensure the public
maintains the ability to independently verify air quality regulation compliance.
However, records and information may be made confidential by compliance with
confidentiality of information and trade secret requirements of Rule 100 (General
Provisions and Definitions) of the Maricopa County Air Pollution Control
Regulations.
Comment #11:
502 Records: Much of our stockpile feedstock comes in a continuous flow (we
get daily drops from various suppliers). We don’t have the manpower or
processes to record each delivery and the stockpiles are not discrete entities –
we are actively receiving and using the material. This should be re-written to
reflect how these processes actually work.
Response #11:
Section 502 requires records of when each stockpile was initially formed and the
date and action taken on each stockpile to satisfy the stockpiling requirements in
the rule. This information is needed to determine compliance with the stockpiling
rule requirements.
Stakeholder #3: Comments #12 through #23 submitted on August 5, 2024.
Comment #12:
202 Alternative Mitigation Measure: Please clarify what the expectation is for
demonstrating reduction in VOC. If source testing is required to demonstrate the
reduction of VOCs, that would be cost prohibitive to the composting industry in
Maricopa County resulting in increased landfilling of organics rather than
production of nutrient rich compost.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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Response #12:
Per feedback from the EPA, the option to implement an alternative mitigation
measure to comply with the stockpiling and/or composting requirements was
removed from the rule because Rule 327 will be considered a contingency
measure as discussed in Section 4 of the Preamble. As such, per 172(c)(9) of the
CAA, all provisions in the rule must take effect without further action by the
County or the Administrator.
In response to removal of alternative mitigation measures from the rule, MCAQD
added an additional composting compliance option in Section 303 allowing for
the use of an Aerated Static Pile System.
Comment #13:
301 – 301.4 Stockpiling: The City agrees that inbound material should be
processed as soon as possible and that stockpiles need to be effectively
managed to reduce the risk of fire. If the stockpiles of green material are
managed in compliance with fire code requirements, the risk of fire and odors
can be reduced. There are operational conditions that may require unground and
ground green material be stockpiled longer than 10 days including stockpiling
feedstock for optimal biofilter media production and biofilter replacement
(porous woody waste and logs), seasonal increases in inbound green material
volumes including from monsoon storms, and equipment downtimes. Optimal
feedstock and size of the biofilter media is essential for the biofilter’s optimal
lifespan and operation of negative aeration in advanced compost technology
systems. Depending on the size of the biofilter, it takes time to accumulate the
necessary volume of the specific green materials needed for the biofilter
replacement. If there are restrictions on stockpiling biofilter media, aerated pile
facilities may be restricted to operate only positive aeration which is not always
optimal to maintain ideal composting temperatures. Additionally, facilities may
need to consider landfilling some of the inbound green material or using as
alternative daily cover, resulting in increased emissions with transportation and
landfilling compared to composting.
Section 301.3 states, “Cover the organic material with a waterproof cover,” if the
unground and ground green material stockpiles are covered for extended periods
of time. If the waterproof cover is secured
around the pile, restricting airflow and oxygen in the pile, there is a risk of
creating anaerobic conditions and increased temperatures of the piles, resulting
in associated odors and fire risk.
We recommend updating the stockpiling requirements to focus on the facility’s
demonstrated management and monitoring of the green material stockpiles
instead of imposing a 10-day limit. The City supports consecutive day limits on
food waste stockpiling for odor control.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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Response #13:
Section 301 has been revised to allow for an extended stockpiling timeframe of
organic material. Specifically, Section 301.4 allows an owner or operator to
stockpile organic material beyond 10 days as long as they can demonstrate the
material has a moisture content of less than 40% using a moisture test described
in the rule. This demonstration must be measured at least once per calendar
week.
Comment #14:
302.1 b and c Organic Material Composting Requirements:
b. A minimum of five consecutive days apart for each turning of the pile may not
always be optimal due to operations and environmental conditions. Maybe
consider regulating the minimum turns required for active composting or provide
a range in the number of days between each turn.
c. Please see comment on section 303.2. If a six-inch finished compost cover is
required, it should be limited to the first zone or pile in active composting only.
Requiring biocover application with each turn of piles or zones in active
composting would significantly reduce the processing capacity of the facility and
increase operational costs.
Applying a six-inch biocover in the first zone or pile of active composting only
should also be sufficient to control VOCs. During the 2023 United States
Composting Council Conference session on Research to Improve Compost
Facility Air Emissions Permitting, Engineered Compost Systems staff presented
that VOCs are the highest within the first five days of the active composting
process and then drop off significantly for the duration of the active composting
process.
Response #14:
The requirement that piles be turned at a specific frequency has been removed
from the rule. The frequency with which piles must be turned is no longer
specified, but requirements remain, i.e. moisture content, whenever the owner or
operator does turn a pile.
The draft rule has been revised to limit the application of a finished compost
cover, under certain circumstances, to only when the initial pile is formed. More
specifically, Section 303.2 requires the application of a finished compost cover
only upon initial pile formation when using an Aerated Static Pile System under
noncontinuous negative pressure.
Comment #15:
302.2 Implement a Control Officer and EPA approved alternative mitigation
measure that demonstrates at least a 60% reduction, by weight, in VOC
emissions.
Can the standard be clarified as to the basis of the 60% reduction?
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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Response #15:
Per feedback from the EPA, the option to implement an alternative mitigation
measure to comply with the composting requirements was removed from the
rule because Rule 327 will be considered a contingency measure as discussed in
Section 4 of the Preamble. As such, per 172(c)(9) of the CAA, all provisions in the
rule must take effect without further action by the County or the Administrator.
In response to removal of alternative mitigation measures from the rule, MCAQD
added an additional composting compliance option in Section 303 allowing for
the use of an Aerated Static Pile System.
Comment #16:
303.1 Watering Systems: This section of the rule is excessively detailed as to the
watering methods. Recommend simplifying this section that 40% moisture
should be maintained and demonstrated with a compliant moisture test
conducted as described in 303.3 before each turn.
Response #16:
The watering systems requirements of Section 304 (previously Section 303) are
intended to provide sequential steps for the application of water and when to use
the compliant moisture test within Section 304.3. This is important to the rule as
compliance moisture tests conducted at the wrong time may yield inaccurate
results, or if the results show insufficient water then there must be a requirement
to add water, as present in 304.1a. and b.(2).
Comment #17:
303.2 Finished Compost Cover: Researchers at Washington State University
(WSU) and at Engineered Compost System have air emissions data that indicate
that surface irrigation can be at least as effective as applying a biocover to
reducing VOC emissions from positively aerated piles. WSU will be conducting
another round of compost air emissions trials later this year to further test the
validity of the existing data sets. The work is funded by the Washington State
Department of Ecology. It is recommended to wait for the results of this research
before requiring the application of a finished compost cover in this rule. Please
also see comment on section 302.1 c.
Response #17:
Rule 327 will be considered a contingency measure for achieving the 2015 ozone
NAAQS as required by Section 172(c)(9) of the CAA. It will be included in the
Maricopa 2015 Ozone Moderate Area Plan that must be submitted to the EPA by
May 17, 2025, to avoid sanctions by the EPA.
Comment #18:
303.3 Compliant Moisture Test: The methods listed as a and b are the most
common field tests for moisture levels. Maintaining at least 40% moisture is
important during active composting, but moisture levels can temporarily adjust
when the piles are ready for screening to reduce clogging within the screen. It is
recommended that that the 40% moisture requirement is specific to the active
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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composting and curing phases. If moisture levels reduce for screening, water
needs to be applied around the screening process to prevent opacity and fire
risk.
Response #18:
Organic material composting requirements in Sections 302 and 303, including
moisture content requirements, apply to the active phase of composting as
specified in the rule.
Comment #19:
Section 500: Monitoring and Records
Will there be templates or assistance provided by Maricopa County on the
required monitoring and records to ensure compliance prior to official
implementation of this new rule?
Response #19:
MCAQD’s Business Assistance (BA) Unit will be available to provide assistance
on rule requirements prior to official implementation of the rule.
The BA Unit provides resources to consolidate and simplify compliance and
reporting requirements, particularly for small businesses with limited resources.
The BA Unit also provides information and technical assistance to business
owners related to air quality rules and regulations, courtesy site visits and on-site
training, and rule interpretation and education if needed to ensure compliance.
MCAQD anticipates resources and services will be developed by the BA Unit in
order to consolidate and simplify the proposed rule’s compliance and reporting.
Comment #20:
502 Stockpiling Recordkeeping: Please see comments on 301-301.4
Response #20:
Section 301 has been revised to allow for an extended stockpiling timeframe of
organic material. Specifically, Section 301.4 allows an owner or operator to
stockpile organic material beyond 10 days as long as they can demonstrate the
material has a moisture content of less than 40% using a moisture test described
in the rule. This demonstration must be measured at least once per calendar
week.
Comment #21:
503.2 Organic Material Composting Operations Records: Please see comments
on 302.1 b and c, and 303.2.
Response #21:
See Responses #14 and #17 of this section.
Comment #22:
503.3 Alternative Mitigation Measure Records: Please see comments on 202 and
302.2.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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Response #22:
See Responses #12 and #15 of this section.
Comment #23:
504.2 Smoldering and/or Smoke Self-Inspection Log: The twice daily requirement
seems excessive. It is recommended that the requirement be daily. Please clarify
that this log would need to be maintained daily and only presented upon
inspection or at the request of Maricopa County
Response #23:
Spontaneous combustion of organic material may occur quickly and may not be
easily visible as it can originate deep within the pile. Self-inspection should occur
on a frequent enough basis so that smoldering or smoking does not increase in
severity, and therefore act to prevent possible fires from developing.
Stakeholder #3: Comments #24 through #31 submitted on September 10,
2024.
Comment #24:
Denali appreciates the opportunity to comment on the proposed regulations as
well as the lengths staff has gone to involve stakeholders through the rule
development process. Unfortunately, we have significant questions regarding the
potential regulations described in your latest draft of Rule 327. We have concerns
over this proposed regulatory package and its impacts on compost facilities
throughout the District’s jurisdiction. Indeed, should these regulations be adopted
in their current draft form, they will create an economic burden on our industry
that will hamper numerous composting operations throughout the County. While
our industry members are ardent supporters of environmental protection and the
implementation of sustainable practices that will benefit the citizens of the state,
we believe the control measures and management practices described in Rule
327 do not reflect real world conditions at facilities, will be burdensome in their
application, and may hamper the ability of many cities and counties to continue
landfill diversion activities.
Response #24:
The proposed provisions of the rule are based upon stakeholder feedback and
cost effective measures using best management practices. The proposed rule
has been revised many times to incorporate stakeholder feedback. These
revisions include adding an aerated static pile system as a compliance option for
composting operations.
Comment #25:
Scope
The scope of emissions reductions required under this Rule includes both ozone
precursor volatile organic compounds (VOCs) and particulate matter resulting
from fire events. While Denali supports reasonable rules which protect the
environment – and understand the current responsibilities the Department has in
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 29 of 68
meeting Clean Air Act compliance – the current rule language, as written, is in
part not able to be implemented at certain types of operations, placing a
significant economic burden on the facilities within the affected sector.
Response #25:
The proposed provisions of the rule are based upon stakeholder feedback and
cost effective measures using best management practices. The proposed rule
has been revised many times to incorporate stakeholder feedback. These
revisions include adding an aerated static pile system as a compliance option for
composting operations.
Comment #26:
Denali – along with our experienced consultant team – is happy to meet with
District staff to discuss the significant challenges with the current rule language
and the impractical nature of applying it at the City of Phoenix’s facility that we
operate.
Response #26:
MCAQD met with commenter and made several revisions to draft rule language
to address their concerns.
Comment #27:
Policy Recommendations
In its current form, draft Rule 327 seeks to implement control measures that are
tailored for windrow composting – both with proven compost cap and irrigation
methods that have demonstrated emissions reductions at facilities in California
where regulatory conditions have existed for over a decade – they do not appear
to consider the type of turned aerated static pile (TASP) technology at our facility
that is specifically designed to control VOC emissions and odors, requiring a
significant investment in the control technologies and operations currently
employed.
Response #27:
The proposed rule has been revised to incorporate provisions for aerated static
pile systems under Section 303.2 Aerated Static Pile System (ASP). These
provisions include requirements for both negative and positive pressure settings,
use of a biofilter, and application of a finished compost cover.
Comment #28:
Technical Concerns
While we understand the District’s desire to achieve the highest feasible
emissions reductions, the economic burden placed on composting operators by
use of a Finished Compost Cover is both excessive and uncertain. The excessive
costs lie in the loss of revenue caused by reducing throughput and sales of
finished product at the facilities, as 20% to over 50% of site capacity will be
occupied by finished compost; the required volume of finished compost for the
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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“cap” would represent a one-time loss of sales, but the loss of processing
capacity would be permanent. The operational and capital costs of a Finished
Compost Cover are largely uncertain – given the lack of any available, proven
technology with which to apply the cover or an assessment of the corresponding
increased capital costs for equipment, operation and maintenance costs, or
additional labor costs.
Current technology use for installation of the Finished Compost Cover will cause
an additional impact on facility capacity and throughput. Absent the development
of any new technological advancement in compost application, current use of
front loaders would be the sole functional option for delivery of the finished
compost to the tops of the windrows. Commercial composting facilities typically
maximize use of their available space by maintaining aisles of no more than ten
feet between windrows. Use of a front loader for compost application of a cap
will necessitate using aisles of twenty feet or more to allow a turning radius for
the loader to attain a proper angle of address for efficiently and effectively
dumping their load on the top of the windrow. The additional spacing between
windrows will reduce the available composting space by approximately 40%,
limiting throughput volume,revenues and overall, the amount of organic residuals
that should be recycled vs going to landfill.
At the City of Phoenix operations, given the current use of a negatively-aerated,
turned windrow system, will be forced to apply a compost cap eight times (every
three days for each of the eight separate piles created) as the active composting
material is turned from aeration-zone to aeration-zone, adding a significant
volume of materials across the full process.
Response #28:
The proposed rule has been revised to incorporate provisions for aerated static
pile systems under Section 303.2 Aerated Static Pile System (ASP). Incorporated
revisions include reducing the number of times a finished compost cover must
be applied when using an ASP. Section 303.2 b.(2) states that "upon initial pile
formation cover the piles with a finished compost cover as described in § 304.2".
After covering the initial pile with a finished compost cover the owner or operator
does not have to cover subsequent piles as they are turned.
Comment #29:
We fully support the current recommendations on assessing moisture content,
as our experienced operators can readily attain accurate results with reasonable
success (within 5%) by use of the manual squeeze ball test.
Response #29:
MCAQD appreciates your support of the rule requirement.
Comment #30:
We do not believe that the requirement of section 304.3 (c) for corrective action
at 160⁰F is a well-reasoned approach to fire mitigation. This temperature is
common in composting piles and is far from a fire-critical level. Actively aerated
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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composting piles have no demonstrated threat of fire generation (as stated
previously regarding spontaneous combustion potential) and there is no
evidence that, even at 180⁰F, fires from active composting have occurred. While
temperatures above 180⁰F can reasonably be expected to limit microbial activity
and lead to diminished composting activity, the fire risk is still significantly low. A
reasonable approach may be to provide an exception for facilities using forced
aeration and turning, as the buildup of low flash point gases will only represent a
spontaneous combustion threat if they are allowed to build up over several
weeks.
Response #30:
The corrective action temperature points of 160 and 180 degrees Fahrenheit are
recommended by local fire department personnel and are based on the pile
management temperatures found within the Organic Waste Processing Facilities
Recommended Management Guidelines. A link to the guidelines can be found in
section 5 of the Preamble.
Comment #31:
Denali believes that the Department needs to take prudent steps to reassess the
current language in Rule 327, while also taking into account the potential future
management of green and food waste materials in agricultural land application,
and/or disposed of in landfills, should composting operations become non-
existent or prohibitively costly. We have not seen where the Department, to date,
has estimated the increased NOx and Particulate Matter emissions created by
the need to apply the compost cap repeatedly.
Denali has a commitment to effective recycling and environmental protection
that is unwavering. The continued success of green and food waste recycling
programs is dependent upon the development of cost-effective, practical
regulations that will protect the environment in balance with the substantial
benefits of composting operations to the sustainable future of our state and
nation. We look forward to continued participation in the development of this
regulatory package, with an eye on results that are responsive to the need for
landfill diversion—as provided by composting operators—while simultaneously
improving the air quality of the state.
In closing, we believe that the Department’s proposed timeline for adoption of
Rule 327 (by the end of this year) may need to be delayed, given the very short
period of time available for review and comment on the highly complex draft Rule
and, given that there are numerous technical questions related to proper
implementation of a compost cap and irrigation system, required sampling and
testing protocols, and time needed to review potential revisions that may result in
response to comments from stakeholders. If you have any questions please do
not hesitate to contact [us].
Response #31:
The proposed provisions of the rule are based upon stakeholder feedback and
cost effective measures using best management practices. The proposed rule
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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has been revised many times to incorporate stakeholder feedback. These
revisions include reducing the number of times a finished compost cover must
be applied under certain circumstances.
Rule 327 will be considered a contingency measure for achieving the 2015 ozone
NAAQS as required by Section 172(c)(9) of the CAA. It will be included in the
Maricopa 2015 Ozone Moderate Area Plan that must be submitted to the EPA by
May 17, 2025, to avoid sanctions by EPA.
Exact Wording of the Rule
MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
REGULATION III – CONTROL OF AIR CONTAMINANTS
RULE 327 (ORGANIC MATERIAL PROCESSING)
INDEX
SECTION 100 – GENERAL
101
PURPOSE
102
APPLICABILITY
103
EXEMPTIONS
SECTION 200 – DEFINITIONS
201
ACTIVE PHASE
202
AERATED STATIC PILE SYSTEM (ASP)
203
ANIMAL MANURE
204
AUTHORITY HAVING JURISDICTION FOR FIRE PREVENTION AND LIFE SAFETY
205
BACKYARD COMPOSTING
206
BIOFILTER
207
COMMUNITY COMPOSTING
208
COMPOST
209
COMPOSTING
210
CURING PHASE
211
FINISHED COMPOST
212
FINISHED COMPOST COVER
213
FOOD MATERIAL
Return to list of attachments
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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214
GREEN MATERIAL
215
INDEPENDENT WATERING SYSTEM
216
INTEGRATED WATERING SYSTEM
217
ORGANIC MATERIAL
218
ORGANIC MATERIAL COMPOSTING
219
ORGANIC MATERIAL PROCESSING
220
PEAK
221
PILE
222
POULTRY LITTER
223
PUSHOUT OR CLEAR AREA
224
SHREDDED WOOD
225
SOLVITA® MATURITY INDEX
226
STOCKPILE
227
STOCKPILING OF SMALL ORGANIC MATERIAL
228
THROUGHPUT
229
WINDROW
230
WOOD CHIP
SECTION 300 – STANDARDS
301
STOCKPILING REQUIREMENTS
302
ORGANIC MATERIAL COMPOSTING REQUIREMENTS
303
ORGANIC MATERIAL COMPOSTING CONTROL MEASURES
304
FIRE PREVENTION
305
BASIC TRAINING FOR ORGANIC MATERIAL PROCESSING OPERATIONS
SECTION 400 – ADMINISTRATIVE REQUIREMENTS
401
COMPLIANCE SCHEDULE
SECTION 500 – MONITORING AND RECORDS
501
RECORDKEEPING AND RECORDS RETENTION
502
STOCKPILING RECORDKEEPING
503
ORGANIC MATERIAL COMPOSTING RECORDKEEPING AND REPORTING
504
FIRE PREVENTION RECORDKEEPING AND REPORTING
505
TEST METHODS AND PROTOCOLS
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Page 34 of 68
Adopted XX/XX/XXXX
MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
REGULATION III – CONTROL OF AIR CONTAMINANTS
RULE 327 (ORGANIC MATERIAL PROCESSING)
SECTION 100 – GENERAL
101
PURPOSE:
101.1 The purpose of this rule is to limit the emissions of volatile organic compounds
(VOC) and ammonia from organic material processing operations and prevent
emissions of fine particulate matter (PM2.5) and nitrogen oxides (NOx) from
combustion of organic material processing operations.
101.2 This rule is created as a contingency measure for the 2015 National Ambient Air
Quality Standard (NAAQS) for ozone as required by Section 172(c)(9) of the Act.
102
APPLICABILITY:
102.1 This rule applies to the owner or operator of all new and existing organic material
processing operations that produce or receive 200 or more wet tons per year of
any of the following, or a combination thereof:
a. Green material;
b. Food material;
c. Less than or equal to 75 percent animal manure or poultry litter, by volume.
102.2 The requirements of this rule shall become effective 180 days following a
determination by the U.S. Environmental Protection Agency (EPA) that either of
the following triggering events has occurred in a. or b.:
a. The Phoenix-Mesa 2015 ozone NAAQS nonattainment area failed to attain the
2015 ozone NAAQS by the Moderate area attainment date;
b. The Phoenix-Mesa 2015 ozone NAAQS nonattainment area failed to make
reasonable further progress under the 2015 ozone NAAQS.
c. If EPA makes such a determination as described in §§ 102.2 a. or b. prior to
adoption of this rule, the requirements of this rule shall become effective 180
days following adoption.
103
EXEMPTIONS: The provisions of this rule shall not apply to the following:
103.1 Organic material processing operations at any site owned, leased, operated,
controlled, or supervised by the same owner or operator that satisfy all of the
following conditions:
a. All organic material processing is conducted on site;
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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b. All organic material processed on site is used on site; and
c. No financial transaction occurs for receipt of organic material used in organic
material processing.
103.2 Backyard composting.
103.3 Community composting.
SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions
shall apply. See Rule 100-General Provisions and Definitions of the Maricopa County Air
Pollution Control Regulations for definitions of terms that are used but not specifically defined
in this rule. In the event of any inconsistency between any of the rules within the Maricopa
County Air Pollution Control Regulations, the definitions in this rule take precedence.
201
ACTIVE PHASE: The phase of the composting process that begins when organic
materials are mixed or piled together for composting and ends when the organic
material has been composted for a period of 22 consecutive days or when any of the
following conditions is met as measured by the applicable test method in § 505.2:
201.1 The organic material respiration rate is no more than 20 milligrams of oxygen
consumed per gram of volatile solids per day; or
201.2 The organic material emits no more than seven mg carbon dioxide per gram of
organic material (CO2 – C) per day; or
201.3 The organic material has a Solvita® Maturity Index of five or greater.
202
AERATED STATIC PILE SYSTEM (ASP): A self-contained system that produces forced
air via a motor or blower either in a positive direction towards one or more organic
material piles or a negative direction towards a biofilter.
203
ANIMAL MANURE: Non-human animal excretions and waste, including, but not limited
to, solids and urine from cows, cattle, or swine.
204
AUTHORITY HAVING JURISDICTION FOR FIRE PREVENTION AND LIFE SAFETY: An
entity responsible for enforcing regulations, including but not limited to building or fire
codes, in a given jurisdictional boundary.
205
BACKYARD COMPOSTING: Composting conducted by a household including, but not
limited to, single family residences, condominiums, duplexes, or apartment buildings for
noncommercial uses.
206
BIOFILTER: Any combination of finished compost, shredded wood, and wood chips, that
is connected to an ASP and reduces VOCs from organic material compost pile
emissions.
207
COMMUNITY COMPOSTING: Composting conducted by a residential neighborhood
association using feedstock generated within the residential neighborhood to produce
compost for the neighborhood’s use.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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208
COMPOST: A product resulting from the controlled biological decomposition of organic
materials.
209
COMPOSTING: A process in which solid organic waste materials are decomposed in
the presence of oxygen through the action of bacteria and other microorganisms.
210
CURING PHASE: The phase of the composting process that begins immediately after
the active phase and ends when the organic material has been composted for a period
of 40 consecutive days after the active phase, or when any of the following conditions is
met as measured by the applicable test method in § 505.2:
210.1 The organic material respiration rate is no more than 10 milligrams of oxygen
consumed per gram of volatile solids per day; or
210.2 The organic material emits no more than four mg carbon dioxide per gram of
organic material (CO2-C) per day; or
210.3 The organic material has a Solvita® Maturity Index of seven or greater.
211
FINISHED COMPOST: A humus-like material that has completed both the active phase
and curing phase of composting.
212
FINISHED COMPOST COVER: Pre-screened finished compost, or a mixture of screened
finished compost or overs, that is applied to a windrow or pile as a cover to reduce VOC
emissions.
213
FOOD MATERIAL: Food scraps collected from the food processing industry, food
service industry, grocery stores, or residential food scrap collection. Food material also
includes food material that is chipped or ground.
214
GREEN MATERIAL: Vegetative material generated from gardening, agriculture, or
landscaping activities including, but not limited to, a mixture of grass clippings, leaves,
tree and shrub trimmings, and plant remains.
215
INDEPENDENT WATERING SYSTEM: a system connected to a water source that
uniformly applies water by means of nozzles operated under pressure and may include,
but is not limited to, portable sprinkler system, non-portable sprinkler system, or water
truck.
216
INTEGRATED WATERING SYSTEM: a system connected to a water source that
uniformly applies water by means of nozzles operated under pressure which are
installed in front of or simultaneously with the mechanical turner blades.
217
ORGANIC MATERIAL: Food material, green material, animal manure, poultry litter, or
any mixture thereof.
218
ORGANIC MATERIAL COMPOSTING: A process in which green material by itself, food
material by itself, or a mixture of green material, food material, or up to 75 percent
animal manure or poultry litter, by volume, are decomposed in the presence of oxygen
through the action of bacteria and other microorganisms.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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219
ORGANIC MATERIAL PROCESSING: Organic material composting, stockpiling of small
organic material, or any combination thereof.
220
PEAK: The highest point along the ridge of the pile.
221
PILE: Organic material that is heaped together.
222
POULTRY LITTER: Poultry excretions and waste, including, but not limited to, dried
solids and urine from chickens, turkeys, geese, or ducks.
223
PUSHOUT OR CLEAR AREA: A designated area provided for temporary pile storage and
to allow for the spreading of piles and to move unburned material away from a pile in
the event of fire or hotspot within the pile. Water should be immediately available to aid
in cooling.
224
SHREDDED WOOD: Any wood material or woodwaste that has been mechanically
reduced in size to less than twelve inches in any dimension.
225
SOLVITA® MATURITY INDEX: an index that defines the stage where compost exhibits
resistance to further decomposition, in accordance with the TMECC Method 05-08-E –
Solvita® Maturity Test (April 7, 2002).
226
STOCKPILE: Organic material, which may or may not be chipped or ground, that is
temporarily stored in a pile.
227
STOCKPILING OF SMALL ORGANIC MATERIAL: Storage of organic material less than 6
inches in any dimension in a pile.
228
THROUGHPUT: The amount of organic material received.
229
WINDROW: Organic material that is placed in an elongated pile for organic material
processing.
230
WOOD CHIP: Any wood material or woodwaste, less than 2 inches in any dimension.
SECTION 300 – STANDARDS
301
STOCKPILING REQUIREMENTS: The owner or operator of an organic material
processing operation shall comply with one of the following within 10 consecutive days
of receipt of the organic material at the facility:
301.1 Remove the organic material from the facility.
301.2 Start the active phase of composting.
301.3 Cover the organic material with a waterproof cover such that there is at least a
six-foot overlap of adjacent covers and the cover is secured in place.
301.4 Demonstration of compliance with § 304.3 a.(1) or maintenance of moisture
content of less than 40% through a Moisture Test as described in § 304.3 b. or c.,
and including the following:
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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a. A demonstration must be measured at least once per calendar week.
b. If compliance is not demonstrated through § 304.3 a.(1) or a Moisture Test
as described in §§ 304.3 b. or c. demonstrates a moisture content of greater
than 40% then the owner or operator shall implement one of the stockpiling
requirements in §§ 301.1 through 301.3.
302
ORGANIC MATERIAL COMPOSTING REQUIREMENTS FOR ORGANIC MATERIAL
COMPOSTING OPERATIONS THAT RECEIVE LESS THAN OR EQUAL TO 10,000 TONS
PER YEAR OF ORGANIC MATERIAL: The owner or operator of an organic material
composting operation with an organic material throughput of less than or equal to
10,000 tons per year shall comply with all of the following during the active phase of
composting:
302.1 Apply water to each pile prior to turning pursuant one of the watering system
control measures in § 304.1, unless the pile yields a compliant moisture test per
§§ 304.3 a.(2), b., or c. within three hours prior to turning.
302.2 Cover the piles with a finished compost cover upon initial pile formation as
described in § 304.2.
303
ORGANIC MATERIAL COMPOSTING REQUIREMENTS FOR ORGANIC MATERIAL
COMPOSTING OPERATIONS THAT RECEIVE GREATER THAN 10,000 TONS PER YEAR
OF ORGANIC MATERIAL: The owner or operator of an organic material composting
operation with an organic material throughput of greater than 10,000 tons per year shall
comply with 303.1 or 303.2 during the active phase of composting:
303.1 Application of Water and Finished Compost Cover: Implement all of the
following:
a. Apply water to each pile prior to turning pursuant one of the watering system
control measures in § 304.1, unless the pile yields a compliant moisture test
per §§ 304.3 a.(2), b., or c. within three hours prior to turning.
b. Cover the piles with a finished compost cover upon initial pile formation and
within three hours after each turning as described in § 304.2.
303.2 Aerated Static Pile System (ASP): Operate and maintain the ASP in accordance
with the manufacturer’s specifications or written procedures developed by the
owner or operator based on good air pollution control practices for minimizing
emissions, and comply with either of the following:
a. Operate the ASP under continuous 24-hour negative pressure and vent
emissions to a biofilter; or
b. Operate the ASP under noncontinuous negative pressure and meet the
following requirements:
(1) Vent emissions to a biofilter, when operating under negative pressure; and
(2) Upon initial pile formation cover the piles with a finished compost cover as
described in § 304.2.
304
ORGANIC MATERIAL COMPOSTING CONTROL MEASURES
304.1 Watering Systems
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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a. Independent Watering System
(1) Apply water to the surface area of each pile prior to turning in order to
yield a compliant moisture test.
(a) A compliant moisture test for each pile must be demonstrated within
three hours before turning.
(b) A compliant moisture test shall be demonstrated as specified in §§
304.3 a.(2), b., or c.
(2) If the pile does not yield a compliant moisture test, apply additional water
to the pile until the pile yields a compliant moisture test prior to turning.
b. Integrated Watering System
(1) Mechanically turn the first pile while operating the integrated watering
system.
(a) A compliant moisture test for each pile must be demonstrated within
three hours after turning.
(b) A compliant moisture test shall be demonstrated as specified in §§
304.3 a.(2), b., or c.
(2) If the pile does not yield a compliant moisture test, then perform the
following:
(a) Apply additional water and mechanically turn the same pile;
(b) Retest for moisture until the pile yields a compliant moisture test.
(c) Subsequent piles shall not be turned until the initial pile yields a
compliant moisture test.
c. Existing Moisture Compliance: For either the independent or integrated
watering systems, a moisture test as specified in §§ 304.3 a.(2), b., or c. may
be demonstrated within three hours prior to the turning of a pile. If the pile
yields a compliant moisture test then water does not need to be added to the
pile within three hours prior to the subsequent turn.
304.2 Finished Compost Cover: An owner or operator shall cover the surface area of
at least the top third of each pile with finished compost cover so that there is at
least six inches in height of finished compost cover as measured at the peak of
each pile. An owner or operator shall cover the surface area of each pile as
described within three hours of initial pile formation and, as required in § 303.1
b., within three hours after each turning of the pile for at least three turns of each
pile. For any piles that are mechanically turned after 2:00 pm, an exception to the
three-hour limit can be made, which allows the owner or operator to cover the
surface area of at least the top third of each pile with finished compost cover
within three hours of the start of organic material composting operations the
following calendar day.
304.3 Moisture Test: A compliant moisture test shall be demonstrated via the
applicable Squeeze Ball Test or demonstrating a minimum 40% moisture content
with ASTM Method D2216-05 or the Speedy Moisture Meter.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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a. Squeeze Ball Test: The squeeze ball test shall be conducted by taking a
sample of the compostable material from the top half of the pile, at least
three inches below the outer surface. The material should be squeezed into a
ball using hand pressure and wearing a protective glove.
(1) Compliant Stockpiling Squeeze Ball Test: The organic material should be
dry enough so that it does not form a ball under hand pressure, and does
not continuously hold shape when hand compression is released.
(2) Compliant Composting Squeeze Ball Test: There should be at least
enough water to form a ball when compressed, but the ball may break
when tapped. If the ball crumbles upon release of the hand pressure, apply
additional water to the pile prior to turning until the material does not
crumble upon release of hand pressure.
b. ASTM Method D2216-05: Moisture testing shall be conducted in accordance
with the requirements of ASTM Method D2216-05 ("Standard Test Method for
Laboratory Determination of Water (Moisture) Content of Soil and Rock by
Mass").
c. Speedy Moisture Meter: As an alternative to § 304.3 b. of this rule, the
Speedy Moisture Meter may be used upon receiving written approval from the
Control Officer and after submitting to the Control Officer a written request
that includes the following information:
(1) A description of the alternative testing equipment, including the display
range, maintenance requirements, and any limitations;
(2) A correlation analysis conducted using 20 samples from the Speedy
Moisture Meter and the results using ASTM Method D2216-05. A separate
correlation analysis shall be done for each unit (serial number shall be
specified);
(3) A description of the calibration procedures that includes the following
information:
(a) Calibration of each Speedy Moisture Meter (serial number shall be
specified) on at least a biweekly basis against ASTM Method D2216-
05 as a standard;
(b) Identification of at least three sampling points per pile to be used for
calibration. The three sampling points shall be as distinctly separated
as reasonably possible.
(4) An agreement to revert to ASTM Method D2216-05 if the Speedy Moisture
Meter results do not correlate with ASTM Method D2216-05.
305
FIRE PREVENTION: The owner or operator of an organic material processing operation
shall submit to the Control Officer a Fire Prevention Plan approved by an authority
having jurisdiction for fire prevention and life safety and comply with §§ 305.3 through
305.5. An owner or operator of an organic material processing operation without an
approved Fire Prevention Plan by an authority having jurisdiction for fire prevention and
life safety shall comply with §§ 305.1 through 305.5:
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
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305.1 Fire Department Access and Safety Equipment:
a. Fire Department Access: The owner or operator shall ensure that the local
fire department has access to the facility as follows:
(1) The Fire Department shall have full 24/7 access to the facility through the
use of a fire department keyed lock or through having the facility
continually staffed 24 hours a day, 7 days a week. If the facility does not
have a gate, it must be staffed 24 hours a day, 7 days a week.
(2) Facility name, address, and 24-hour emergency contact telephone
numbers shall be posted at the main entrance and main fire department
entrance and clearly visible from the street.
(3) Access roads at the facility must provide access to within 150 feet of all
areas of the property so that a fire truck can drive close enough to deploy
lines to fight a fire.
(4) Access roads must be 20 feet wide and maintained so that in inclement
weather fire trucks can drive on them.
(5) Access roads shall be marked with signage.
b. Fire Extinguishers: Portable fire extinguishers with a minimum rating of 4-A:
60-B: C shall be provided on all vehicles and equipment operating on piles and
at all processing equipment.
c. Conveyor Systems: Conveyor systems carrying combustible materials and
enclosed conveyor systems shall be equipped with an approved automatic
sprinkler system.
305.2 Pile Layout:
a. Storage Site: Sites shall be level and on solid ground, elevated soil lifts or
other all-weather surface. Sites shall be thoroughly cleaned before
transferring organic material to the site.
b. Pile Dimensions: Piles shall not exceed 25 feet (7.62 meters) in height, 150
feet (45.72 meters) in width, and 250 feet (76.2 meters) in length unless
approved by an authority having jurisdiction for fire prevention and life safety.
c. Pile Separation:
(1) Piles shall be separated from adjacent piles by fire apparatus access
roads.
(2) Pushout or clear areas shall be provided for temporary pile storage.
(3) Any pile or row in place exceeding 30 days or over 100 cubic yards (76.5
cubic meters) in size shall have a pushout or clear area.
(4) The pushout or clear area(s) shall be located not more than 250 feet (76.2
meters) from all pile(s) and shall not be located within 20 feet (6.096
meters) of any building.
(5) Water sufficient for fire suppression shall be made immediately available
at all designated pushout or clear areas.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 42 of 68
(6) Pushout or clear areas shall be sized to hold no less than roughly a
quarter of the size of the single largest pile or row it serves at a maximum
depth of three feet.
305.3 Regular Internal Temperature Monitoring
a. Rows Only: The internal temperature of each row shall be measured using a
compost thermometer or soil temperature probe, at a depth of three feet.
Each row shall be temperature sampled every 50 horizontal feet or less along
the length of the row, starting at the end with the least aged (most recently
added) organic material, and at the heights and time intervals specified in §
304.3.b.
b. Piles and Rows: Internal temperature shall be taken at the following heights
and time intervals:
(1) Organic material piles or rows equal to or under 6 feet high:
(a) Internal temperature samples shall be taken once every 7 calendar
days and recorded as required in § 504.
(b) Each pile or row shall be sampled between 3 and 4 feet from the
bottom of the pile or row.
(2) Organic material piles or rows more than 6 feet high:
(a) Internal temperature samples shall be taken on every calendar day and
recorded as required in § 504.
(b) Each pile or row shall be sampled every 5 vertical feet starting from the
bottom of the pile or row. No temperature sample need be taken at
less than 2 feet from the top of the pile or row.
c. Corrective Action: If any part of the pile or row being sampled for
temperature is found to have an internal temperature of 160 °F (71 °C) or
greater, immediate action must be taken to reduce the temperature. If at any
time the temperature, at any location, is found to have an internal temperature
of 180 °F (82 °C) or greater, the following procedures must immediately be
performed:
(1) The area with the high temperature shall be dug out of the main pile and
the overheated organic material shall be pushed out into a designated
pushout or clear area;
(2) Water shall be stationed closely to the affected area, prior to digging out
the hotspot to immediately douse any flare ups that may occur when air is
added to overheated area;
(3) Continual temperature probing and removal of organic material greater
than 180 °F shall be conducted until all overheated material is separated
into the pushout or clear area and the temperature is below 180 °F.
305.4 Material-Handling Equipment: The owner or operator shall ensure material
handling equipment to aid in the event of emergency is available on site or by
contract. Equipment shall include:
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 43 of 68
a. Equipment to move stored organic material during fire;
b. Water trucks;
c. Water pumps if using pond for any piece of water source.
305.5 Monitoring and Recordkeeping: The owner or operator shall monitor and
perform recordkeeping as described in § 504 (Fire Prevention Recordkeeping and
Reporting).
306
BASIC TRAINING FOR ORGANIC MATERIAL PROCESSING OPERATIONS: The owner or
operator of an organic material processing operation shall provide training on the
compliance requirements of § 300 to all organic material processing operations
personnel upon initial hire.
SECTION 400 – ADMINISTRATIVE REQUIREMENTS
401
COMPLIANCE SCHEDULE: Unless the EPA makes a determination as described in
Section 102.2 after rule adoption, the provisions of the rule shall become effective 180
days after the adoption date of the rule.
SECTION 500 – MONITORING AND RECORDS
501
RECORDKEEPING AND RECORDS RETENTION: An owner or operator of an organic
material processing operation shall comply with the following requirements set forth in
this section. Any records and data required by this section shall be kept on site at all
times in a consistent and complete manner.
501.1 Records shall be retained for a period of five years.
501.2 Records shall be made available to the Control Officer upon written request, no
later than five business days after the request.
501.3 Records shall be made available to the Control Officer upon request by members
of the public using the County’s public records request process.
502
STOCKPILE RECORDKEEPING: An owner or operator of an organic material processing
operation shall maintain and report the following stockpiling records:
502.1 The date of which each stockpile was initially formed;
502.2 The date and action taken on each stockpile to satisfy the stockpile requirements
in § 301; and
502.3 Other information necessary to determine compliance with the requirements.
503
ORGANIC MATERIAL COMPOSTING RECORDKEEPING AND REPORTING: An owner or
operator of an organic material composting operation shall maintain and report the
following composting records:
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 44 of 68
503.1 Organic Material Throughput:
a. Record the organic material throughput each month by the end of the
following month.
b. Record a 12-month rolling average annual throughput. The 12-month rolling
average may exclude any non-putrescible materials, including, but not limited
to paper, woody, other low-water, high cellulose materials, and non-
compostable contaminants and green waste that are separated either before
or after composting and shipped off-site for disposal provided they are
quantified and appropriate records are maintained.
503.2 Organic Material Composting Operations Records: Record the date and time for
each of the following:
a. When each pile was initially formed for the active phase and when finished
compost cover, which satisfied the minimum six inches finished compost
cover requirement, was applied to each pile.
b. When the organic material from each pile was tested for compliance with the
moisture test prior to turning. Indicate whether each pile passes the moisture
test and, if applicable, all corrective actions taken.
c. When each pile was turned.
d. Record other information necessary to determine compliance with the
requirements.
503.3 ASP Operation Records:
a. Record the date and time when the ASP is operating under negative pressure.
b. Record the date and time the biofilter media is replaced.
c. Record the date, time, and pressure drop of the duct system vented to the
biofilter, at least once per week.
d. Maintain a copy of the manufacturer’s specifications or written procedures
developed by the owner or operator based on good air pollution control
practices for minimizing emissions, used to comply with § 303.2, on site and
available to the Control Officer upon request.
503.4 Organic Material Composting Training Records: Records that demonstrate
training requirements were provided to all organic material composting
operations personnel that perform duties related to compliance with
requirements of § 300.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 45 of 68
504
FIRE PREVENTION RECORDKEEPING AND REPORTING: An owner or operator of an
organic material processing operation shall maintain and report the following fire
prevention records:
504.1 Internal Temperature Sample Log: A written or electronic record of internal pile
or row internal temperature sample(s).
504.2 Smoldering and/or Smoke Self-Inspection Log: A written or electronic record of
self-inspection that includes an inspection of the entire facility for signs of
smoldering or smoke conducted twice daily.
504.3 Fire Report: Submit a quarterly report to the Control Officer within 30 days after
the end of each quarterly time period. Upon four successive quarterly fire reports
which include zero incidents of fire, the fire report may be submitted on an
annual basis. Annual fire reports shall be submitted before January 31 of each
year. Upon the occurrence of a subsequent fire incident, the fire report shall be
submitted quarterly until four more successive fire reports of zero fire incidents.
The report shall include the following:
a. The time and day that a fire occurred.
b. Explanation of the incident and suspected cause. If the cause is unknown, the
report shall indicate that the cause is unknown.
c. The corrective action taken. If no corrective action was taken, the report shall
indicate that no corrective action was taken.
505
TEST METHODS AND PROTOCOLS: The following test methods are approved for use
for the purpose of determining compliance with this rule. Other EPA-approved test
methods may be used upon prior written approval from the Control Officer.
505.1 Compliance Determination for Moisture Test Methods Incorporated by
Reference: ASTM Method D2216-05 ("Standard Test Method for Laboratory
Determination of Water (Moisture) Content of Soil and Rock by Mass"), 2005
edition.
505.2 Compliance Determination for Compost Maturity/Stability Test Methods
Incorporated by Reference:
a. TMECC Method 05-08-A – Specific Oxygen Uptake Rate (April 7, 2002);
b. TMECC Method 05-08-B – Carbon Dioxide Evolution Rate (April 7, 2002);
c. TMECC Method 05-08-E – Solvita® Maturity Test (April 7, 2002).
505.3 Multiple Test Methods: When more than one test method or set of test methods
is specified for testing, failure to comply with a requirement of this rule
established by one of the specified test methods or set of test methods shall
constitute noncompliance with this rule.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 46 of 68
NOTICE OF ACCOMMODATIONS: Individuals with disabilities. Assistive listening devices, large-printed materials, special parking
arrangements, and other accommodations are available with 72 hours advance notice. If you require accommodations to participate
in the above meeting, please contact Nicole Harden (PHS) at (480) 271-8374.
1
BOARD OF HEALTH MEETING MINUTES
April 22, 2024 | 3:00-5:00 pm
4041 N. Central Avenue, 14th Floor, Phoenix, AZ
Legal Advice - A.R.S. §38-431.03(A)(3)
The Board may vote to go into Executive Session for the purpose of discussion or consultation for legal advice with the attorney or
attorneys of the Board on any matter listed on the agenda pursuant to A.R.S. §38-431.03 (A)(3). Board of Health members will attend
in person or by telephone conference call. Members attending telephonically will be announced at the meeting. Agendas are available
within 24 hours of each meeting in the Public Health Administration office at 4041 N. Central Ave., 14th floor, Monday through Friday
between 8:00 a.m. and 5:00 p.m.
ITEM
TOPIC/ACTION
TYPE
PRESENTER
1.
Call to Order: The meeting was called to order at 3:08 pm.
A. Roll Call
Members Present: Supervisor Bill Gates, Cynthia Hardy, Robert
MacMillan, Veronica Oros, Joanne Osborne, Mary Schraven,
Stefanie Schroeder
Members Absent: Debra Baldauff, Matthew Farber, Lorenzo
Sierra
•
A quorum of (6) members was confirmed.
B. Call to the public: Unite Here, Local 11 Union, representative
Jordan Greenslade, spoke to inform the Board of Health of a
potential compliance issue with Maricopa County Environmental
Health Code regulations by SSP America.
Blanca Caballero, Environmental Services Executive Director, met
with all representatives from Unite Here to set up a meeting.
Action
President
Osborne
2.
Approval of Minutes
President Osborne asked the Board for a motion to approve the
January 22, 2024 minutes.
Motion: Robert MacMillan
Second: Stefanie Schroder
Motion status: Approved unanimously
Action
President
Osborne
Return to list of attachments
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 47 of 68
2
NOTICE OF ACCOMMODATIONS: Individuals with disabilities. Assistive listening devices, large-printed materials, special parking
arrangements, and other accommodations are available with 72 hours advance notice. If you require accommodations to participate
in the above meeting, please contact Nicole Harden (PHS) at (480) 281-8374.
3.
Appointment of Dr. Stefanie Schroeder
Overview: Jeanene Fowler introduced and read Stefanie’s bio.
•
Graduated from Medical school in 1990
•
Board Certified in Emergency Medicine
•
10 years as a Physician at Banner Baywood Medical Center
•
16 years as ASU Chief of Medical Staff
Discuss
Jeanene Fowler
4.
Public Health Finance
Make a recommendation to the Board of Supervisors to approve the
Public Health Fiscal Year 2025 budget request as recommended by
the Maricopa County Budget Office.
•
Ms. Osborne requested clarification on the Special Revenue
Fee Fund. Jeanene explained the process to which Public
Health bills health plans for vaccinations and that often it
can take upwards of a year to receive reimbursement. Next
year’s budget is the best projection on how much we may be
reimbursed based on historical billing.
•
Ms. Schroder asked for clarification on “ARPA.” Jeanene
explained these are American Recue Plan Funds used for
projects related to the pandemic.
•
Ms. Osborne mentioned ARPA Fund needing to be used for
hiring. Jeanene confirmed the ARPA fund will end December
2026, but no jobs lost because of it.
Motion: Stefanie Schroder
Second: Mary Schraven
Motion status: Approved unanimously
Discuss/
Action
Ray Farrish
5.
Environmental Services Finance
Make a recommendation to the Board of Supervisors to approve the
Environmental Services Fiscal Year 2025 budget request as
recommended by the Maricopa County Budget Office
•
Ms. Donaldson called out a change to Fund 100 (since
budget letter was sent out to Board) – Expenditures dropped
from $13,523,785 to $10,897,837 due to risk management
lowering the assessment for the closed landfills Maricopa
County has.
•
Ms. Osborne asked for clarification on Fund 100. Ms.
Donaldson clarified $463,100 is all revenue from multiple
sources and then allocated out. $10,897,837 is spending
authority.
Discuss/
Action
Sylvie
Donaldson
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 48 of 68
3
NOTICE OF ACCOMMODATIONS: Individuals with disabilities. Assistive listening devices, large-printed materials, special parking
arrangements, and other accommodations are available with 72 hours advance notice. If you require accommodations to participate
in the above meeting, please contact Nicole Harden (PHS) at (480) 281-8374.
•
Fund 290: Mr. MacMillan commented on current state of tire
sales. Ms. Donaldson stated tire sales are expected to
increase. There is a delayed revenue on tire sales. Won’t
come until following year.
•
Fund 506: Ms. Donaldson stated the entire budget is
reflected in the $26,317,620 that includes an increase of
county wide allocations that have gone up and assessments
from Central Services Cost Allocation.
Motion: Robert MacMillan
Second: Mary Schraven
Motion status: Approved unanimously
6.
Environmental Services Dept. Fee Waiver Applications
Request for Board of Health approval of Twenty-three (23) fee
waiver applicants – P1-P22 & C1
•
Ms. Osborne asked what the fee for Valley Life was for.
Supervisor Gates confirmed that the Fee Waiver for Valley
Life are start up fees for a new location.
Motion: Mary Schraven
Second: Stefanie Schroder
Motion status: Approved unanimously
Discuss/
Action
Robert
Stratman
7.
Air Quality Department
Approve initiation of regulatory change for the following rule:
A. AQ-2023-005
Rule 327 (Organic Material Processing)
The Maricopa County Air Quality Department (MCAQD) is proposing
to create Rule 327 to limit the emissions of volatile organic
compounds (VOCs) and ammonia from organic material processing
operations and prevent emissions of fine particulate matter (PM2.5)
and nitrogen oxides (NOx) from combustion of organic material
processing operations.
•
Mr. MacMillan asked if EPA is requiring this rule. Mr.
Verkamp stated they are seeking approval to begin the
process of revising the rule to gain more reductions of
ozone precursors. They are reviewing all kinds of measures
of hosting. Organic material processing is just one area to
comply with the National Ambient Air Quality.
Discuss/
Action
Gregory
Verkamp
Kimberly Butler
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 49 of 68
4
NOTICE OF ACCOMMODATIONS: Individuals with disabilities. Assistive listening devices, large-printed materials, special parking
arrangements, and other accommodations are available with 72 hours advance notice. If you require accommodations to participate
in the above meeting, please contact Nicole Harden (PHS) at (480) 281-8374.
•
This rule will limit the emissions of volatile organic
compounds along with ammonia from organic material
processing operations and prevent emissions of fine particle
matter and nitrogen oxides as well.
•
Stakeholder workshop has been held March 2024. Feedback
was received and meetings have been held to get process in
motion. Plans are to have another Stakeholder workshop.
•
Exemptions that will be built into the rule:
- Farmers who use manure for composting and not selling it
- Residential neighborhoods gardening that are doing
composting
- There will be an applicability level built into the rule for
businesses that are selling compost
•
The rule will also include permitting thresholds –
example would be if a business emits a certain amount
of a particular pollution.
•
Rule will help reduce emissions by 60-70%. Reduction will
continue as industry grows.
•
Rule will only affect large businesses. No residential areas
will be affected.
•
Mr. MacMillan asked what the cost benefit would be. Ms.
Butler stated the Cost benefit has not been completed at
this time. It is estimated that there will be minimal cost to
the businesses verses 100’s of tons per year saved in VOC
emissions. Seeking to put fire management systems into
place as well as part of this rule.
•
Ms. Osborne asked if businesses would incur new fees
because of the new rule. Mr. Verkamp & Ms. Butler shared
that they are seeking to make it a general permit to avoid
additional new fees. Many businesses already have the Dust
Prevention Permit. Still working with the Permit group. This
would add provisions into an existing permit –
approximately $350/year.
•
Ms. Osborne asked if a business does have a fire, would
they get fined. Ms. Butler responded should a business have
a fire/situation, each incident is looked at individually and
reviewed under same permit. All paperwork is under same
Dust permit.
•
Ms. Osborne asked how many fires a year do we see from
this happening. Ms. Butler stated there is approximately one
major fire from composting every 18 months but cannot
state for sure.
•
Ms. Osborne asked how many businesses this will affect.
Ms. Butler stated as of right now the number of businesses
affected is still unknown as it is too early to tell.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 50 of 68
5
NOTICE OF ACCOMMODATIONS: Individuals with disabilities. Assistive listening devices, large-printed materials, special parking
arrangements, and other accommodations are available with 72 hours advance notice. If you require accommodations to participate
in the above meeting, please contact Nicole Harden (PHS) at (480) 281-8374.
•
Ms. Osborne asked if Air Quality will be reaching out to the
Stakeholders. Mr. Verkamp stated, yes. They have sent out
emails to create a contact list. They reach out to the
stakeholders at each step of their process. They have one-
on-one meetings with them all the time to figure out proper
language, what is working and what isn’t.
•
Ms. Osborne asked for an example of what this rule affects
and how it will help. Ms. Butler responded that this rule will
directly affect the moderate ozone nonattainment we are
currently in. Within the next approximate year, we could
potentially be in serious nonattainment ozone. It will help
reduce precursors which in turn will help reduce the ozone.
Motion: Robert MacMillan
Second: Stefanie Schroder
Motion status: Approved unanimously
B. AQ-2024-002
Rule 335 (Architectural Coatings)
MCAQD is proposing to revise Rule 335 to assist towards
attainment of the ozone National Ambient Air Quality Standards by
lowering many of the architectural coating VOC content limitations
in the rule and adding additional coating VOC content limitations to
the rule to reflect standards in the Ozone Transport Commission
Model Rule “Architectural and Industrial Maintenance (AIM)
Coatings”.
•
Seeking emission reductions of volatile organic compounds
that lead to the creation of ozone.
•
Seeking to lower VOC content limitations in the rule and to
add additional VOC content limitations to the rule based off
the Ozone Transport Commission Model Rule.
•
Ms. Osborne asked what government level holds the Ozone
Transport Commission Model Rule. Mr. Verkamp stated it is
an organization created by the EPA to address ozone issues
in Northeast Ohio and other small eastern states. They have
already created rules that other parts of the country have
used. AQD would like to incorporate these standards into
other rule proposals.
•
Ms. Osborne asked for clarification on what ‘Architectural
Coating’ is. Mr. Verkamp confirmed it is paint. The strategy
of the rule is to go to paint manufacturers and require them
to change their blends, so the vault organic compound
content meets the rule.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 51 of 68
6
NOTICE OF ACCOMMODATIONS: Individuals with disabilities. Assistive listening devices, large-printed materials, special parking
arrangements, and other accommodations are available with 72 hours advance notice. If you require accommodations to participate
in the above meeting, please contact Nicole Harden (PHS) at (480) 281-8374.
•
Ms. Osborne asked if such a product is already available or
would this rule cause a problem or cause an increase in the
product. Mr. Verkamp responded to say they are currently
looking into it by working with consultants to gauge what is
currently being sold in stores and to ensure they are meeting
OTC standards.
•
Mr. Verkamp stated if rule is adopted, it would give
manufacturers and sellers a year to come into compliance
by changing blends, labels, etc.
•
Ms. Osborne asked if any paint manufacturers are local. Mr.
Verkamp stated they are reaching to the American Coding
Association, who represents the businesses that attended
the workshop.
Motion: Mary Schraven
Second: Stefanie Schroder
Motion status: Approved unanimously
Air Quality Department
Approve expedited process rulemaking for the following rule:
C. AQ-2024-003
Ordinance P-21 (Vehicle Idling Restriction)
MCAQD is proposing to revise Ordinance P-21 to add provisions to
require all persons currently required to complete basic or
comprehensive dust control training to complete idle reduction
training. The training will be incorporated into existing training
programs that operators are already required to complete due to
fugitive dust training requirements in Rule 310 (Fugitive Dust from
Dust-Generating Operations) and Rule 316 (Nonmetallic Mineral
Processing).
•
Proposing to require those who already take the Dust
Control Training to also take an Idle Reduction Training.
•
This only calls for additional slides to be added to the
current PowerPoint presentation training slide deck for Dust
Control Training.
•
Ms. Osborne asked if public transportation is involved. Mr.
Verkamp confirmed this does not include public
transportation, only for heavy equipment vehicles.
Motion: Robert MacMillan
Second: Stefanie Schroder
Motion status: Approved unanimously
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 52 of 68
7
NOTICE OF ACCOMMODATIONS: Individuals with disabilities. Assistive listening devices, large-printed materials, special parking
arrangements, and other accommodations are available with 72 hours advance notice. If you require accommodations to participate
in the above meeting, please contact Nicole Harden (PHS) at (480) 281-8374.
8.
Air Quality Department
Revisions to Air Quality Enhanced Regulatory Outreach Program
Process Flow Charts
•
Ms. Osborne asked if any points in time are being taken
away from the public. Mr. Verkamp stated they over 90
days and can provide input until taken to the Board of
Supervisors. They are also allowed to attend the
workshop as well.
•
Mr. MacMillan suggested to add in an email verification
step of the EROP process informing businesses and
stakeholders of an upcoming change to a rule to keep
them more informed.
Discuss
Gregory
Verkamp
Kimberly Butler
9.
Maricopa County Department of Public Health
Heat Relief Update (PPT Presentation)
•
Goal 1 is to secure appropriate transportation and call
center support utilizing existing Promotora Program that
also provide call center services through Solari 211
•
Goal 2 is to increase awareness with signage for heat relief
locations
•
Goal 3 is to expand cooling center hours. Seeking to have a
minimum of one cooling/respite center open until 7pm
•
The question was posed what the transportation is going to
look like. Ms. Fowler responded that there is a contract with
Lyft, which is plan A. Working with Solari for a plan B.
•
Ms. Osborne asked if Opioid settlement funds can be used
for the cooling and respite centers. Ms. Fowler stated they
will be using the opioid settlements funds by putting
naloxone at all cooling centers.
•
Please see presentation for additional information
Discuss
Jeanene Fowler
10.
Adjournment:
•
Ms. Osborne requested an agenda item be added to the next
meeting to add an Executive Committee
•
The meeting adjourned at 4:53 pm
•
Motion to adjourn: Mary Schraven
•
Second: Stefanie Schroder
•
Motion status: Approved unanimously
Action
President
Osborne
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 53 of 68
Sent: Wednesday, September 6, 2023 10:29 PM
To: PND Regulatory <PNDRegulatory@maricopa.gov>; Kathy Semder (HSD)
<Kathy.Semder@Maricopa.Gov>; Andy Linton (ENV) <Andy.Linton@Maricopa.Gov>; Bill Leal (DOT)
<Bill.Leal@Maricopa.Gov>; Kathryn Garcia (PND) <Kathryn.Garcia@Maricopa.Gov>; Blanca Caballero
(ENV) <Blanca.Caballero@Maricopa.gov>; Michele Ross (COA) <Michele.Ross@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-2023-005-Rule 327 (Organic Material Composting)
Department
Environmental Services
I would like to
Other
First Name
Patrice
Last Name
Whalen
Organization
AAEC South Mountain High School
City
Phoenix
Zip
85042
Email
pwhalen@aaechs.com
Phone Number
602-323-9890
Phone Type
Work
Would you like someone to
contact you?
Yes
Comments
I am a teacher and looking for someone to come to my school to
explain Aquaponics through vector control
If applicable, attach
supporting documentation
associated with your
Field not completed.
Copies of all written and electronic Stakeholder input
Return to Stakeholder #1: Comment #1
Return to list of attachments
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 54 of 68
comment. The only file
types supported are MS
Office and Adobe Acrobat.
Email not displaying correctly? View it in your browser.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 55 of 68
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the
county.
ZjQcmQRYFpfptBannerEnd
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-2023-005-Rule 327 (Organic Material Processing)
Department
Environmental Services
I would like to
Express opposition
First Name
Zachary
Last Name
Brooks
Organization
Arizona Worm Farm
City
Phoenix
Zip
85020
Email
zach@zbrooks.com
Phone Number
6024186704
Phone Type
Mobile
Would you like someone to
contact you?
Field not completed.
Comments
I have provided a series of specific comments on the proposed
rules. However, I would like to express opposition (and, frankly,
dismay) over this rule. This will have the impact of either
reducing the amount of compost my farm is able to reduce or
dramatically increasing the amount of fossil fuel I have to burn to
comply with the rules. Princeton University's Project Drawdown
reports "that composting organic waste versus landfilling it can
reduce more than 50% of carbon dioxide-equivalent greenhouse
Return to Stakeholder #2: Comments #2 through #11
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 56 of 68
gas emissions", but the emission savings from landfill diversion is
only one benefit of composting.
What is not as talked about nor accounted for in the analysis on
composting by Project Drawdown, is the benefit of applying
compost to soil. When the end-use of compost is considered,
composting is indirectly tied to a dozen or more solutions
presented in Project Drawdown from green roofs and
conservation agriculture, to plant-based diets.
Compost is a natural way to provide nutrients to plants to
enhance productivity while storing carbon in soils. As such,
compost not only reduces carbon emissions by the
aforementioned amount, but shares emissions savings through
many of the other climate solutions in Project Drawdown by
acting as a carbon sink or “sponge” that can soak up emissions
currently in the atmosphere and limit the impacts of climate
change which is already causing devastating wildfires, flooding,
and droughts to name a few.
A regulation which reduces composting or, even worse, requires
the extensive use of fossil fuel, is counter-productive.
The science this rule is based on is decades old and not
rigorous. The net impact is highly likely to be to release more
Methane gas and do much more harm than good.
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.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 57 of 68
Rule 327 Comments and Issues
Overall: This rule is based on measurements and assessments that are almost 20 years old and not
widely replicated. They seek to manage primarily CO2 emissions. Two important points: First, the
overall greenhouse gases released from food and green waste are at least 50% lower from composting
than from burying that waste in a landfill. If this rule has the effect of reducing composting, the impact
on the overall quality of air in Maricopa County gets worse. Second, many of the rules will require
significantly more “loader time” to make compost. My loaders burn diesel fuel – so a rule that requires 6
hours of loader time per windrow per turn, will burn approximately 40 gallons of fossil fuel. The EPA
reports that every gallon of diesel fuel burned creates about 8,887 grams of CO2 or almost 36 Kilos of
CO2 (based on CA study California Air Resources Board). They estimated of process emissions from
composting are 0.007 MTCO2/ton (7 KG per ton) or between 300 – 400 KG per row (of which the target
is 50% - 60% reduction). The rule is asking us to spend significant cost and 36 KG of CO2 to save 150 KG,
which seems inefficient.
Plus, the reduction ignores the widely accepted recognition of the following benefits from the USE of
compost:
•
Decreased water use for similar growing results
•
Decreased Soil Erosion
•
Reduced Fertilizer Use
•
Reduced Herbicide Use
102 Applicability: This rule applies to very small operations. An operation processing 201 tons is
going to product about 70 -90 yards of compost. This will force very small operations to comply with
complex rules and reporting regulations. We recommend this be revised to operations larger than 10
acres or that the rule be bifurcated into rules for large commercial operations (10 acres or larger) and
small operations.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 58 of 68
301.3 Cover: This rule seems aimed at an environment where rain is a concern. The average number
of rainy days in Phoenix is 33. This rule asks us to perform a rather difficult task 100% of the time, when
it is only relevant less 10% of time. We recommend this be replaced with “cover only material that will
begin active composting if hydrated, prior to and during a predicted rain event”
302.1 b. Composting Requirement: This rule restricts my ability to manage my piles based on
my expert experience and consultants. We frequently turn piles at day 4. And, while rare, we
occasionally do not turn pile more than twice.
302.1 c. Composting Requirement: Adding six inches of finished compost after every turn is
impractical with our footprint. Our windrows are set far enough apart for a tractor with a turner, but not
far enough apart for a loader to apply the finished compost after each turn. We could add the finished
compost when the row was initially established, but on subsequent turns. We estimate the cost of this
rule to be $4.61 per yard of compost (incremental cost).
303.2 Composting Requirement: Again, adding six inches of finished compost after every turn
is impractical with our footprint. Our windrows are set far enough apart for a tractor with a turner, but
not far enough apart for a loader to apply the finished compost after each turn. We could add the
finished compost when the row was initially established, but on subsequent turns. We estimate the cost
of this rule to be $4.61 per yard of compost (incremental cost).
304.2 Pile Layout: It is not clear if this applies just to inputs or to compost as well. It should not
apply to active compost piles – if they meet the hydration requirements, it is impossible for them to
catch fire. The other requirements are covered by the rules for a Fire Prevention Plan – they are site
specific and should be reviewed as such.
501.3 Records: This one makes me very nervous. I can’t see how my proprietary logs should be
made available to the general public.
502 Records: Much of our stockpile feedstock comes in a continuous flow (we get daily drops from
various suppliers). We don’t have the manpower or processes to record each delivery and the stockpiles
are not discrete entities – we are actively receiving and using the material. This should be re-written to
reflect how these processes actually work.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 59 of 68
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-2023-005-Rule 327 (Organic Material Processing)
Department
Air Quality
I would like to
Other
First Name
Stacy
Last Name
Hettmansperger
Organization
City of Phoenix Public Works Department
City
Phoenix
Zip
85003
Email
stacy.hettmansperger@phoenix.gov
Phone Number
602-495-2496
Phone Type
Work
Would you like someone to
contact you?
Yes
Comments
Field not completed.
If applicable, attach
supporting documentation
associated with your
comment. The only file
types supported are MS
Office and Adobe Acrobat.
COP PWD Comments Rule 327 Final 8.2.24.pdf
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Citizen Comments
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 60 of 68
August 2, 2024
To: Maricopa County Air Quality Department
Re: Maricopa County Proposed Rule 327 Request for Comments
Dear Maricopa County Air Quality Department,
The City of Phoenix values protecting human health and the environment in our services and operations,
including composting. We welcome regulations that support optimal composting operations while
reducing emissions. With these goals in mind, the City of Phoenix Public Works Department has the
following comments related to Maricopa County’s Rule 327.
202 Alternative Mitigation Measure: Please clarify what the expectation is for demonstrating reduction
in VOC. If source testing is required to demonstrate the reduction of VOCs, that would be cost
prohibitive to the composting industry in Maricopa County resulting in increased landfilling of organics
rather than production of nutrient rich compost.
301 – 301.4 Stockpiling: The City agrees that inbound material should be processed as soon as possible
and that stockpiles need to be effectively managed to reduce the risk of fire. If the stockpiles of green
material are managed in compliance with fire code requirements, the risk of fire and odors can be
reduced. There are operational conditions that may require unground and ground green material be
stockpiled longer than 10 days including stockpiling feedstock for optimal biofilter media production and
biofilter replacement (porous woody waste and logs), seasonal increases in inbound green material
volumes including from monsoon storms, and equipment downtimes. Optimal feedstock and size of the
biofilter media is essential for the biofilter’s optimal lifespan and operation of negative aeration in
advanced compost technology systems. Depending on the size of the biofilter, it takes time to
accumulate the necessary volume of the specific green materials needed for the biofilter replacement. If
there are restrictions on stockpiling biofilter media, aerated pile facilities may be restricted to operate
only positive aeration which is not always optimal to maintain ideal composting temperatures.
Additionally, facilities may need to consider landfilling some of the inbound green material or using as
alternative daily cover, resulting in increased emissions with transportation and landfilling compared to
composting.
Section 301.3 states, “Cover the organic material with a waterproof cover,” if the unground and ground
green material stockpiles are covered for extended periods of time. If the waterproof cover is secured
Return to Stakeholder #3: Comments #12 through #23
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 61 of 68
around the pile, restricting airflow and oxygen in the pile, there is a risk of creating anaerobic conditions
and increased temperatures of the piles, resulting in associated odors and fire risk.
We recommend updating the stockpiling requirements to focus on the facility’s demonstrated
management and monitoring of the green material stockpiles instead of imposing a 10-day limit. The
City supports consecutive day limits on food waste stockpiling for odor control.
302.1 b and c Organic Material Composting Requirements:
b. A minimum of five consecutive days apart for each turning of the pile may not always be optimal due
to operations and environmental conditions. Maybe consider regulating the minimum turns required for
active composting or provide a range in the number of days between each turn.
c. Please see comment on section 303.2. If a six-inch finished compost cover is required, it should be
limited to the first zone or pile in active composting only. Requiring biocover application with each turn
of piles or zones in active composting would significantly reduce the processing capacity of the facility
and increase operational costs.
Applying a six-inch biocover in the first zone or pile of active composting only should also be sufficient to
control VOCs. During the 2023 United States Composting Council Conference session on Research to
Improve Compost Facility Air Emissions Permitting, Engineered Compost Systems staff presented that
VOCs are the highest within the first five days of the active composting process and then drop off
significantly for the duration of the active composting process.
302.2 Implement a Control Officer and EPA approved alternative mitigation measure that
demonstrates at least a 60% reduction, by weight, in VOC emissions.
Can the standard be clarified as to the basis of the 60% reduction?
303.1 Watering Systems: This section of the rule is excessively detailed as to the watering methods.
Recommend simplifying this section that 40% moisture should be maintained and demonstrated with a
compliant moisture test conducted as described in 303.3 before each turn.
303.2 Finished Compost Cover: Researchers at Washington State University (WSU) and at Engineered
Compost System have air emissions data that indicate that surface irrigation can be at least as effective
as applying a biocover to reducing VOC emissions from positively aerated piles. WSU will be conducting
another round of compost air emissions trials later this year to further test the validity of the existing
data sets. The work is funded by the Washington State Department of Ecology. It is recommended to
wait for the results of this research before requiring the application of a finished compost cover in this
rule. Please also see comment on section 302.1 c.
303.3 Compliant Moisture Test: The methods listed as a and b are the most common field tests for
moisture levels. Maintaining at least 40% moisture is important during active composting, but moisture
levels can temporarily adjust when the piles are ready for screening to reduce clogging within the
screen. It is recommended that that the 40% moisture requirement is specific to the active composting
and curing phases. If moisture levels reduce for screening, water needs to be applied around the
screening process to prevent opacity and fire risk.
Section 500: Monitoring and Records
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 62 of 68
Will there be templates or assistance provided by Maricopa County on the required monitoring and
records to ensure compliance prior to official implementation of this new rule?
502 Stockpiling Recordkeeping: Please see comments on 301-301.4
503.2 Organic Material Composting Operations Records: Please see comments on 302.1 b and c, and
303.2.
503.3 Alternative Mitigation Measure Records: Please see comments on 202 and 302.2.
504.2 Smoldering and/or Smoke Self-Inspection Log: The twice daily requirement seems excessive. It is
recommended that the requirement be daily. Please clarify that this log would need to be maintained
daily and only presented upon inspection or at the request of Maricopa County.
Sincerely,
Pat Tapia
Assistant Public Works Director
City of Phoenix Public Works Department
200 W. Washington St. 7th Floor, Phoenix, AZ 85003
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 63 of 68
This Message Is From an Untrusted Sender
You have not previously corresponded with this sender. Please use caution when you receive messages from new
senders. Always validate the sender first.
From:
Sarah Harrison
To:
William.Adrian@Maricopa.Gov; Gregory.Verkamp@Maricopa.Gov; Kimberly.Butler@Maricopa.Gov
Cc:
Jason Browne; Brian Fleury; Enrique Peralta; Alexis Camberos
Subject:
Denali Water Solutions-Comment for Rule 327
Date:
Tuesday, September 10, 2024 2:22:01 PM
Attachments:
Outlook-signature_.png
Denali Rule 327 Comment Letter FInal.pdf
Good afternoon,
I am the Director of Environmental Compliance for Denali Water Solutions' facilities, and I participated in
the Webinar focused on the Draft Rule 327 a few weeks ago. Denali operates the composting facility for
the City of Pheonix located at 3060 S 27th Ave. I found the webinar very informative and was
appreciative to the fact that the staff at Maricopa County was willing to accept further comment on this
rule. As a leader in the composting industry, Denali would like to submit the attached letter for your
consideration. I understand that the District wants to announce the final draft of this regulation in the
coming weeks, so please reach out to me with any questions. We look foward to working with you.
-Sarah
Sarah Harrison • Environmental Director/Facility
Compliance
C: 229-326-1149
sarah.harrison@denaliwater.com
Return to Stakeholder #3: Comments #24 through #31
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 64 of 68
3308 Bernice Avenue, Russellville, Arkansas 72802
479-498-0500 | www.DenaliWater.com
September 10, 2024
Maricopa County Air Quality Department
301 W. Jefferson St., Suite 410
Phoenix, Arizona 85003
Re:
Comments on the Draft Rule 327 – Organic Material Processing
Dear Air Quality Department Staff –
Denali is an innovative organics diversion company that is committed to repurposing waste to
create value added products. Our work is essential to keeping water clean, building soil
fertility with minimizing greenhouse gas emissions, and reducing reliance on landfills. We are
a leader in the composting industry with operations through various technologies that span
the Country.
Denali appreciates the opportunity to comment on the proposed regulations as well as the
lengths staff has gone to involve stakeholders through the rule development process.
Unfortunately, we have significant questions regarding the potential regulations described in
your latest draft of Rule 327. We have concerns over this proposed regulatory package and its
impacts on compost facilities throughout the District’s jurisdiction. Indeed, should these
regulations be adopted in their current draft form, they will create an economic burden on our
industry that will hamper numerous composting operations throughout the County. While our
industry members are ardent supporters of environmental protection and the implementation
of sustainable practices that will benefit the citizens of the state, we believe the control measures
and management practices described in Rule 327 do not reflect real world conditions at facilities,
will be burdensome in their application, and may hamper the ability of many cities and counties
to continue landfill diversion activities.
Scope
The scope of emissions reductions required under this Rule includes both ozone precursor
volatile organic compounds (VOCs) and particulate matter resulting from fire events. While
Denali supports reasonable rules which protect the environment – and understand the current
responsibilities the Department has in meeting Clean Air Act compliance – the current rule
language, as written, is in part not able to be implemented at certain types of operations, placing
a significant economic burden on the facilities within the affected sector.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 65 of 68
Denali – along with our experienced consultant team – is happy to meet with District staff to
discuss the significant challenges with the current rule language and the impractical nature of
applying it at the City of Phoenix’s facility that we operate.
Policy Recommendations
In its current form, draft Rule 327 seeks to implement control measures that are tailored for
windrow composting – both with proven compost cap and irrigation methods that have
demonstrated emissions reductions at facilities in California where regulatory conditions have
existed for over a decade – they do not appear to consider the type of turned aerated static pile
(TASP) technology at our facility that is specifically designed to control VOC emissions and odors,
requiring a significant investment in the control technologies and operations currently employed.
Technical Concerns
While we understand the District’s desire to achieve the highest feasible emissions reductions,
the economic burden placed on composting operators by use of a Finished Compost Cover is both
excessive and uncertain. The excessive costs lie in the loss of revenue caused by reducing
throughput and sales of finished product at the facilities, as 20% to over 50% of site capacity will
be occupied by finished compost; the required volume of finished compost for the “cap” would
represent a one-time loss of sales, but the loss of processing capacity would be permanent. The
operational and capital costs of a Finished Compost Cover are largely uncertain – given the lack
of any available, proven technology with which to apply the cover or an assessment of the
corresponding increased capital costs for equipment, operation and maintenance costs, or
additional labor costs.
Current technology use for installation of the Finished Compost Cover will cause an additional
impact on facility capacity and throughput. Absent the development of any new technological
advancement in compost application, current use of front loaders would be the sole functional
option for delivery of the finished compost to the tops of the windrows. Commercial composting
facilities typically maximize use of their available space by maintaining aisles of no more than ten
feet between windrows. Use of a front loader for compost application of a cap will necessitate
using aisles of twenty feet or more to allow a turning radius for the loader to attain a proper
angle of address for efficiently and effectively dumping their load on the top of the windrow. The
additional spacing between windrows will reduce the available composting space by
approximately 40%, limiting throughput volume,revenues and overall, the amount of organic
residuals that should be recycled vs going to landfill.
At the City of Phoenix operations, given the current use of a negatively-aerated, turned windrow
system, will be forced to apply a compost cap eight times (every three days for each of the eight
separate piles created) as the active composting material is turned from aeration-zone to
aeration-zone, adding a significant volume of materials across the full process.
We fully support the current recommendations on assessing moisture content, as our
experienced operators can readily attain accurate results with reasonable success (within 5%) by
use of the manual squeeze ball test.
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 66 of 68
3308 Bernice Avenue, Russellville, Arkansas 72802
479-498-0500 | www.DenaliWater.com
We do not believe that the requirement of section 304.3 (c) for corrective action at 160⁰F is a
well-reasoned approach to fire mitigation. This temperature is common in composting piles and
is far from a fire-critical level. Actively aerated composting piles have no demonstrated threat of
fire generation (as stated previously regarding spontaneous combustion potential) and there is
no evidence that, even at 180⁰F, fires from active composting have occurred. While temperatures
above 180⁰F can reasonably be expected to limit microbial activity and lead to diminished
composting activity, the fire risk is still significantly low. A reasonable approach may be to provide
an exception for facilities using forced aeration and turning, as the buildup of low flash point
gases will only represent a spontaneous combustion threat if they are allowed to build up over
several weeks.
Conclusions
Denali believes that the Department needs to take prudent steps to reassess the current
language in Rule 327, while also taking into account the potential future management of green
and food waste materials in agricultural land application, and/or disposed of in landfills, should
composting operations become non-existent or prohibitively costly. We have not seen where the
Department, to date, has estimated the increased NOx and Particulate Matter emissions created
by the need to apply the compost cap repeatedly.
Denali has a commitment to effective recycling and environmental protection that is unwavering.
The continued success of green and food waste recycling programs is dependent upon the
development of cost-effective, practical regulations that will protect the environment in balance
with the substantial benefits of composting operations to the sustainable future of our state and
nation. We look forward to continued participation in the development of this regulatory
package, with an eye on results that are responsive to the need for landfill diversion—as provided
by composting operators—while simultaneously improving the air quality of the state.
In closing, we believe that the Department’s proposed timeline for adoption of Rule 327 (by the
end of this year) may need to be delayed, given the very short period of time available for review
and comment on the highly complex draft Rule and, given that there are numerous technical
questions related to proper implementation of a compost cap and irrigation system, required
sampling and testing protocols, and time needed to review potential revisions that may result in
response to comments from stakeholders. If you have any questions please do not hesitate to
contact at sarah.harrison@denaliwater.com or 229-326-1149.
Sincerely,
Sarah Harrison
Sarah Harrison
Environmental Director of Facility Compliance, Denali Water Solutions
Maricopa County • Air Quality Department • Rule 327 Report to the Board of Supervisors
Page 67 of 68
Maricopa County
Air Quality Department
Planning and Analysis Division
Maricopa.gov/AQ