AQ-2023-002-RULE326REPORTTOTHEBOS.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 Enhanced Regulatory Outreach Program Maricopa County Air Quality Department Notice of Public Hearing Subject: Rule 326 (Steelmaking Operations: Electric Arc Furnaces) Date/Time: Wednesday, September 25, 2024, at 9:30 a.m. Location: Board of Supervisors’ Auditorium 205 W. Jefferson St., Phoenix, Arizona 85003 The Maricopa County Board of Supervisors is scheduled to conduct a public hearing to solicit comments on the proposed creation of Maricopa County Air Pollution Control Regulations, Rule 326 (Steelmaking Operations: Electric Arc Furnaces) and the proposed submission of the new rule as a revision to the Arizona State Implementation Plan (SIP). You may comment on the proposed rule using the Enhanced Regulatory Outreach Program (EROP) online comment form. AQ-2023-002-Rule 326 (Steelmaking Operations: Electric Arc Furnace) The purpose of this rulemaking is to create a new rule to establish reasonably available control technology controls for volatile organic compound and nitrogen oxide emissions from steelmaking operations that utilize electric arc furnaces to melt scrap steel. This rulemaking is required so that Rule 326 can be approved into the Arizona SIP to comply with the Clean Air Act. Members of the public may attend the Board meeting in person or view the meeting online. Please check the Board of Supervisors’ website at least 24 hours before the date of the public page 2 of 2 hearing for instructions for remote access. Live video feeds are also available at www.maricopa.gov. For more information regarding this rulemaking, please refer to the Report to the Board of Supervisors attached to this notice and available on the EROP Active Regulatory Process webpage. A copy of the SIP submittal will be available at least 30 days prior to the hearing for public inspection at the offices of the Maricopa County Air Quality Department, 301 West Jefferson Street, Suite 410, Phoenix, Arizona 85003. The SIP submittal will also be available on the EROP Active Regulatory Process webpage at least 30 days prior to the hearing. In addition, copies of the Report to the Board of Supervisors and the SIP submittal can be obtained by calling 602-506-6010. MCAQD will take reasonable measures to provide access to department services to individuals with limited ability to speak, write, or understand English and/or to those with disabilities. Requests for language interpretation services or for disability accommodations must be made at least 48 hours in advance by contacting: 602-506-6443. MCAQD tomará las medidas necesarias para brindar acceso a los servicios del departamento a personas que no dominan el idioma inglés y/o personas con discapacidades. Las solicitudes de servicios de interpretación de otro idioma o adaptaciones para discapacitados deben realizarse con al menos 48 horas de anticipación comunicándose con: 602-506-6443. 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: September 25, 2024 Case Number/Title: AQ-2024-002-Rule 326 (Steelmaking Operations: Electric Arc Furnaces) Agenda Item: (Pending) Supervisor Districts: All Districts The Maricopa County Air Quality Department (MCAQD) complied with all statutory and county policies throughout this rulemaking process. Per the Enhanced Regulatory Outreach Program (EROP) Policy: “In addition to the required staff report, an executive summary of the report including an overview of stakeholder input and staff responses will be provided to the Board of Supervisors at least one week prior to any Board of Supervisors’ public hearing.” Overview of the Report to the Board of Supervisors: The purpose of Rule 326 is to limit volatile organic compounds (VOC) and nitrogen oxide (NOx) emissions from steelmaking operations using electric arc furnaces (EAF). MCAQD is proposing to create Rule 326 to establish reasonably available control technology (RACT) controls for VOC and NOx emissions from steelmaking operations that utilize electric arc furnaces to melt scrap steel. This rulemaking is required so that Rule 326 can be approved into the Arizona SIP to comply with the Clean Air Act (CAA). In November 2022, the U.S. Environmental Protection Agency (EPA) reclassified a portion of Maricopa County as a moderate nonattainment area with respect to the 2015 8-hour ozone National Ambient Air Quality Standard. Sections 182(b)(2) and 182(f) of the CAA require jurisdictions that are classified as moderate or higher nonattainment to implement RACT for all sources subject to an EPA Control Techniques Guideline (CTG) and for all non-CTG major sources of VOCs or NOx. Non-CTG major sources of VOCs or NOx are those sources that emit, or have the potential to emit, 100 tons per year of VOCs or NOx. In response to the reclassification, MCAQD identified two steelmaking facilities that use an EAF for melting scrap metal. One of the two facilities is considered a non-CTG major source for both VOC and NOx emissions. The VOC and NOx emissions from the steelmaking facility that is a non-CTG major source are regulated under a Title V permit through emission limits and work practices that have been demonstrated to meet best available control technology (BACT) requirements. BACT is generally considered more stringent than RACT. The second steelmaking facility is a foundry and is not currently considered a major source for VOCs or NOx. The VOC and NOx emissions from the steel foundry are regulated under a non- Title V permit through facility-wide emission limits and work practices. Although the foundry is not currently a major source for VOC or NOx, this facility will be subject to Rule 326 with the exception of the numerical VOC and NOx RACT emission limits for the electric arc furnace and ladle metallurgy station (LMS). If the steel foundry (or any new steelmaking facility that conducts steelmaking operations with an EAF) becomes a major source or if VOC or NOx emissions from the EAF or LMS exceed 25 tons per year, the owner or operator will be subject to the numerical RACT emission limitations. The permit conditions regulating the VOC and NOx emissions from the non-CTG major source steelmaking facility are not incorporated into the Arizona State Implementation Plan (SIP). Sections 182(b)(2) and 182(f) of the CAA require VOC and NOx RACT requirements for non- CTG major sources to be incorporated into the SIP. Therefore, MCAQD is proposing to create Rule 326 to incorporate RACT controls for emissions of VOCs and NOx so those controls can be incorporated into the SIP. Upon adoption of Rule 326, MCAQD will submit the rule to the EPA for approval as a revision to the Arizona SIP. Overview of Stakeholder Input and Staff Responses: During the rulemaking process, MCAQD received written feedback from one stakeholder. The stakeholder expressed neither support nor opposition to the rulemaking. MCAQD representatives met with the stakeholder who submitted comments multiple times and worked with them to address their comments. In addition, MCAQD representatives met with a second stakeholder who will be subject to Rule 326 to provide regulatory updates and discuss rule language. A summary of the comments and the MCAQD responses to the comments are included under Section 9 of the attached Draft Notice of Final Rulemaking. Copies of the stakeholder’s comments are attached to this report. 2 of 101 Maricopa County Air Quality Department Planning and Analysis Division Report to the Board of Supervisors Rule 326 (Steelmaking Operations: Electric Arc Furnaces) September 2024 Board of Health Meeting Date: July 22, 2024 Board Hearing Date: Case Number/Title: Agenda Item: Supervisor Districts: Applicant: Request: September 25, 2024 AQ-2023-002-Rule 326 (Steelmaking Operations: Electric Arc Furnaces) (Pending) All Districts Staff Approve creation of Maricopa County Air Pollution Control Regulations, Rule 326 (Steelmaking Operations: Electric Arc Furnaces) and approve submission of the new rule as a revision to the Arizona State Implementation Plan (SIP). The purpose of Rule 326 is to limit volatile organic compounds (VOC) and nitrogen oxide (NOx) emissions from steelmaking operations using electric arc furnaces (EAF). The Maricopa County Air Quality Department (MCAQD) is proposing to create Rule 326 to establish reasonably available control technology (RACT) controls for VOC and NOx emissions from steelmaking operations that utilize electric arc furnaces to melt scrap steel. This rulemaking is required so that Rule 326 can be approved into the Arizona SIP to comply with the Clean Air Act (CAA). In November 2022, the U.S. Environmental Protection Agency (EPA) reclassified a portion of Maricopa County as a moderate nonattainment area with respect to the 2015 8- hour ozone National Ambient Air Quality Standard. Sections 182(b)(2) and 182(f) of the CAA require jurisdictions that are classified as moderate or higher nonattainment to implement RACT for all sources subject to an EPA Control Techniques Guideline (CTG) and for all non-CTG major sources of VOCs or NOx. In response to the reclassification, MCAQD identified two steelmaking facilities that use an EAF for melting scrap metal. One of the two facilities is considered a non-CTG major source for both VOC and NOx emissions. The VOC and NOx emissions from the steelmaking facility that is a non- CTG major source are regulated under a Title V permit through emission limits and work practices that have been demonstrated to meet best available control technology Maricopa County • Air Quality Department • Report the the Board of Supervisors 4 of 101 (BACT) requirements. BACT is generally considered more stringent than RACT. The second steelmaking facility is a foundry and is not currently considered a major source for VOCs or NOx. The VOC and NOx emissions from the steel foundry are regulated under a non-Title V permit through facility-wide emission limits and work practices. Although the foundry is not currently a major source for VOC or NOx, this facility will be subject to Rule 326 with the exception of the numerical VOC and NOx RACT emission limits for the electric arc furnace and ladle metallurgy station (LMS). If the steel foundry (or any new steelmaking facility that conducts steelmaking operations with an EAF) becomes a major source or if VOC or NOx emissions from the EAF or LMS exceed 25 tons per year, the owner or operator will be subject to the numerical RACT emission limitations. The permit conditions regulating the VOC and NOx emissions from the non-CTG major source steelmaking facility are not incorporated into the Arizona SIP. Sections 182(b)(2) and 182(f) of the CAA require VOC and NOx RACT requirements for non-CTG major sources to be incorporated into the SIP. Therefore, MCAQD is proposing to create Rule 326 to incorporate RACT controls for emissions of VOCs and NOx so those controls can be incorporated into the SIP. Upon adoption of Rule 326, MCAQD will submit the rule to the EPA for approval as a revision to the Arizona SIP. Support/Opposition: During the rulemaking process, MCAQD received written feedback from one stakeholder. The stakeholder expressed neither support nor opposition to the rulemaking. MCAQD representatives met with the stakeholder who submitted comments multiple times and worked with them to address their comments. In addition, MCAQD representatives met with a second stakeholder who will be subject to Rule 326 to provide regulatory updates and discuss rule language. A summary of the comments and the MCAQD responses to the comments are included under Section 9 of the attached Draft Notice of Final Rulemaking. Copies of the stakeholder’s comments are attached to this report. Staff Recommendation: Approve Board of Health Recommendation: Approve Maricopa County • Air Quality Department • Report the the Board of Supervisors 5 of 101 Additional Comments: Presented By: Prepared By: Attachments: 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 February 2023. Stakeholder Workshops were held on April 5, 2023, and February 20, 2024. The Board of Health approved initiation of regulatory change on April 24, 2023. The Notice of Proposed Rulemaking was posted on the EROP website on June 5, 2024. The Board of Health made a recommendation to the Board of Supervisors to approve the creation of Rule 326 on July 22, 2024. A newspaper notice of the Board of Supervisors public hearing will be published in the Arizona Business Gazette on August 22, 2024, and August 29, 2024. This regulatory change will take effect immediately upon approval by the Board of Supervisors. Philip A. McNeely, R.G., Director Planning and Analysis Division 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 - April 24, 2023 Minutes from Board of Health meeting - July 22, 2024 Copies of all written and electronic Stakeholder input Maricopa County • Air Quality Department • Report the the Board of Supervisors 6 of 101 Maricopa County Air Quality Department Planning and Analysis Division Draft Notice of Final Rulemaking Rule 326 (Steelmaking Operations: Electric Arc Furnaces) September 2024 Draft Notice of Final Rulemaking Maricopa County Air Pollution Control Regulations Regulation III – Control of Air Contaminants Rule 326 (Steelmaking Operations: Electric Arc Furnaces) The Maricopa County Air Quality Department (MCAQD) is proposing to create Rule 326 (Steelmaking Operations: Electric Arc Furnaces). 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: Lisa Richey 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)): County Manager Briefing: February 1, 2023 Stakeholder Workshops: April 5, 2023 February 20, 2024 Return to list of attachments Maricopa County • Air Quality Department • Report the the Board of Supervisors 8 of 101 Board of Health Meeting to Initiate Regulatory Change: April 24, 2023 Notice of Proposed Rulemaking: June 5, 2024 Board of Health Meeting to Recommend Approval to the Board of Supervisors: July 22, 2024 Board of Supervisors Formal Meeting to Set the Public Hearing: August 21, 2024 Board of Supervisors Public Hearing: September 25, 2024 4. Explanation of the rule, including the control officer's reasons for initiating the rulemaking (A.R.S. § 49-471.05(4)): Return to list of attachments MCAQD is proposing to create Rule 326 (Steelmaking Operations: Electric Arc Furnaces). The purpose of Rule 326 is to limit the discharge of volatile organic compound (VOC) and nitrogen oxide (NOx) emissions into the atmosphere from steelmaking operations using electric arc furnaces. On November 7, 2022, the U.S. Environmental Protection Agency (EPA) classified portions of Maricopa County as moderate nonattainment with respect to the 2015 National Ambient Air Quality Standard for ozone. According to Sections 182(b)(2) and 182(f) of the Clean Air Act (CAA), nonattainment areas that are classified as moderate or higher are required to implement reasonably available control technology (RACT) for all sources subject to an EPA Control Techniques Guideline (CTG) as well as for all non- CTG major sources of VOCs or NOx. Non-CTG major sources of VOCs or NOx are those sources that emit, or have the potential to emit, 100 tons per year of VOCs or NOx. In response to the reclassification, MCAQD identified two steelmaking facilities that use an electric arc furnace (EAF) for melting scrap metal. One of the two facilities is considered a non-CTG major source for both VOC and NOx emissions. The VOC and NOx emissions from the steelmaking facility that is a non-CTG major source are regulated under a Title V permit through emission limits and work practices that have been demonstrated to meet best available control technology (BACT) requirements. BACT is generally considered more stringent than RACT. The second steelmaking facility is a foundry and is not currently considered a major source for VOCs or NOx. The VOC and NOx emissions from the steel foundry are regulated under a non-Title V permit through facility-wide emission limits and work practices. Although the foundry is not currently a major source for VOC or NOx, this facility will be subject to Rule 326 with the exception of the numerical VOC and NOx RACT emission limits for the electric arc furnace and ladle metallurgy station (LMS). If the steel foundry (or any new steelmaking facility that conducts steelmaking operations with an EAF) becomes a major source or if VOC or NOx emissions from the EAF or LMS exceed 25 tons per year, the owner or operator will be subject to the numerical RACT limitations. Maricopa County • Air Quality Department • Report the the Board of Supervisors 9 of 101 The permit conditions regulating the VOC and NOx emissions from the non-CTG major source steelmaking facility are not incorporated into the Arizona State Implementation Plan (SIP). Sections 182(b)(2) and 182(f) of the CAA require VOC and NOx RACT requirements for non-CTG major sources to be incorporated into the SIP. Therefore, MCAQD is proposing to create Rule 326 to incorporate RACT controls for emissions of VOCs and NOx so those controls can be incorporated into the SIP. Upon adoption of Rule 326, MCAQD will submit the rule to the EPA for approval as a revision to the Arizona SIP. 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)). The following EPA documents regarding RACT demonstrations were relied on in the Control Officer’s evaluation of the rule: (a) Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Reasonably Available Control Technology Determinations for Case-by-Case Sources Under the 1997 and/or 2008 8-Hour Ozone National Ambient Air Quality Standards (87 FR 50945, August 19, 2022) (b) United States Environmental Protection Agency Region III (February 9, 2022), Technical Support Document for the Pennsylvania State Implementation Plan Revisions Related to Reasonably Available Control Technology (RACT) Determinations for Case-by-Case Sources under the 19 97 and 2008 8-Hour Ozone National Ambient Air Quality Standards (NAAQS); 8 Sources https://www.regulations.gov/document/EPA-R03-OAR-2022-0165-0003 6. An economic, small business and consumer impact statement (A.R.S. § 49- 471.05(6)): The following discussion addresses each of the elements required for an economic, small business and consumer impact statement, as prescribed by A.R.S. §§ 41-1055, subsections A, B and C, and 41-1035: An identification of the proposed rulemaking, including all of the following (A.R.S. § 41-1055(A)(1)): This rulemaking is proposing to create Rule 326 to establish RACT level controls that will regulate VOC and NOx emissions generated from steelmaking sources that utilize electric arc furnaces. (a) The conduct and its frequency of occurrence that the rule is designed to change (A.R.S. § 41-1055(A)(1)(a)). MCAQD is proposing to create Rule 326 to establish RACT level controls for VOC and NOx emissions from steelmaking operations that utilize electric arc furnaces to melt scrap metal. This rulemaking is required so that Rule 326 can be approved into the Arizona SIP to comply with Sections 182(b)(2) and 182(f) of the CAA. Maricopa County • Air Quality Department • Report the the Board of Supervisors 10 of 101 Currently, there are only two businesses in Maricopa County that operate electric arc furnaces for steelmaking operations; therefore, they are the only stakeholders affected by this new rulemaking. Many of the proposed rule provisions are already included in air quality permits issued to both businesses. (b) The harm resulting from the conduct the rule is designed to change and the likelihood it will continue to occur if the rule is not changed (A.R.S. § 41- 1055(A)(1)(b)). MCAQD is proposing to create Rule 326 to establish RACT level controls for VOC and NOx emissions from steelmaking operations that utilize electric arc furnaces. If this rule is not created and incorporated into the Arizona SIP, MCAQD may be subject to sanctions and the imposition of a Federal Implementation Plan (FIP) implemented and enforced by the EPA. (c) The estimated change in frequency of the targeted conduct expected from the rule change (A.R.S. § 41-1055(A)(1)(c)). MCAQD is proposing to create Rule 326 to establish RACT level controls for VOC and NOx emissions from steelmaking operations that utilize electric arc furnaces. This rulemaking is required so that Rule 326 can be approved into the Arizona SIP to comply with Sections 182(b)(2) and 182(f) of the CAA. A brief summary of the information included in the economic, small business and consumer impact statement (A.R.S. § 41-1055(A)(2)). The economic, small business and consumer impact statement addresses each of the elements required for an economic, small business and consumer impact statement, as prescribed by A.R.S. §§ 41-1055, subsections A, B, C, and 41-1035. Name and address of agency employees who may be contacted to submit or request additional data on the information included in the economic, small business and consumer impact statement (A.R.S. § 41-1055(A)(3)). Name: Lisa Richey 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 Maricopa County • Air Quality Department • Report the the Board of Supervisors 11 of 101 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 rulemaking will directly affect facilities that utilize electric arc furnaces to melt scrap metal to produce carbon, alloy, specialty steels, or steel castings. Although this is a newly created rule, the requirements are generally not new to the affected businesses because the equipment subject to the proposed new rule is already regulated in a similar manner through permit conditions in the air quality permits. 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)). This rulemaking should not impose any new costs on the MCAQD or on any other agencies affected by the proposed rulemaking. (b) The probable costs and benefits to a political subdivision of this state directly affected by the implementation and enforcement of the proposed rulemaking (A.R.S. § 41-1055(B)(3)(b)). This rulemaking should not impose any new costs on political subdivisions of this state affected by the proposed rulemaking. (c) The probable costs and benefits to businesses directly affected by the proposed rulemaking, including any anticipated effect on the revenues or payroll expenditures of employers who are subject to the proposed rulemaking (A.R.S. § 41-1055(B)(3)(c)). Probable Costs: MCAQD does not anticipate the sources directly affected by the proposed rulemaking to incur significant costs to comply with the proposed rule. The equipment subject to the proposed rule will continue to operate and be maintained in a similar manner as it is currently being operated and maintained under the applicable air quality permits. Probable Benefits: The main benefit of creating the proposed rule for incorporation into the Arizona SIP is to comply with Sections 182(b)(2) and 182(f) of the CAA and thereby avoid sanctions and the imposition of a FIP. This includes avoiding offset sanctions which, if imposed, would increase the current offset ratio in Maricopa County of emission reductions to increased emissions from 1.15 to 1 to at least 2 to 1. 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 rulemaking should have no impact on private or public employment in businesses, agencies, and political subdivisions of this state. Maricopa County • Air Quality Department • Report the the Board of Supervisors 12 of 101 A statement of the probable impact of the proposed rulemaking on small businesses. The statement shall include: (a) An identification of the small businesses subject to the proposed rulemaking (A.R.S. § 41-1055(B)(5)(a)). There are no small businesses subject to this new rulemaking. (b) The administrative and other costs required for compliance with the proposed rulemaking (A.R.S. § 41-1055(B)(5)(b)). There are no small businesses subject to this new rulemaking. (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)). There are no small businesses subject to this new rulemaking. ii. Establish less stringent schedules or deadlines in the rule for compliance or reporting requirements for small businesses (A.R.S. § 41-1035(2)). There are no small businesses subject to this new rulemaking. iii. Consolidate or simplify the rule's compliance or reporting requirements for small businesses (A.R.S. § 41-1035(3)). There are no small businesses subject to this new rulemaking. iv. Establish performance standards for small businesses to replace design or operational standards in the rule (A.R.S. § 41-1035(4)). There are no small businesses subject to this new rulemaking. v. Exempt small businesses from any or all requirements of the rule (A.R.S. § 41- 1035(5)). In the event that a small business becomes subject to this proposed rule, the rule contains an exemption from having to meet the numerical VOC and NOx RACT emission limits as long as the business meets the conditions outlined in Section 103. (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 new rulemaking should not result in any significant costs for private persons and consumers. Maricopa County • Air Quality Department • Report the the Board of Supervisors 13 of 101 A statement of the probable effect on state revenues (A.R.S. § 41-1055(B)(6)). The rulemaking will not impose increased monetary or regulatory costs on other state agencies, political subdivisions of this state, persons, or individuals so regulated. Without costs to pass through to customers, there is no projected change in consumer purchase patterns and, thus, no impact on state revenues from sales taxes. A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed rulemaking, including the monetizing of the costs and benefits for each option and providing the rationale for not using nonselected alternatives (A.R.S. § 41-1055(B)(7)). MCAQD is not aware of any less intrusive or less costly alternative methods of achieving the purpose of this new rulemaking. In the case of a non-CTG major source of VOC or NOx, there are two options to comply with Sections 182(b)(2) and 182(f) of the CAA: 1. Create a rule that establishes RACT requirements and incorporate the rule into the Arizona SIP. 2. Incorporate source-specific permit conditions which implement RACT requirements into the Arizona SIP. The latter is more intrusive and is potentially more costly to the employer long term. Option 2 entails submitting a revision to the Arizona SIP any time a revision is made to the permit that affects the emissions of VOCs or NOx from steelmaking sources regulated by proposed Rule 326. The process for EPA to approve a revision into the SIP can take up to 18 months, and in some cases, even longer. 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 items (a), (b), and (c) 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 effective date of this rulemaking is September 25, 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) Maricopa County • Air Quality Department • Report the the Board of Supervisors 14 of 101 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 affirms that this rulemaking is in compliance with A.R.S. § 49-112(A) and (B). Rule 326 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. In accordance with A.R.S. §§ 49-112(A) and (B), MCAQD is authorized to adopt Rule 326 because the following requirements have been met: 1. Rule 326 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 326 is required by federal law (Sections 182(b)(2) and 182(f) of the Clean Air Act) to address RACT for all non-CTG major sources of VOC and NOx which includes steelmaking operations that utilize electric arc furnaces. (§ 49- 112(A)(2)(b)) 3. There is no new fee or tax associated with this proposed rulemaking. (A.R.S. § 49- 112 (A)(3) and A.R.S § 49-112 (B)) Maricopa County • Air Quality Department • Report the the Board of Supervisors 15 of 101 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: March 9, 2023 Notice of First Stakeholder Workshop: March 21, 2023 Notice of First Board of Health Meeting: April 10, 2023 Notice of Second Stakeholder Workshop: February 6, 2024 Notice of Proposed Rulemaking: June 5, 2024 Notice of Second Board of Health Meeting: July 8, 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 June 5, 2024. 1. Reworded § 501.2 to improve clarity of rule language. This section now reads: “Records shall be made available to the Control Officer no later than five business days upon verbal or written request.” 2. Added the phrase “using the County’s public records request process” to § 501.3. This section now reads: “Records shall be made available to the Control Officer upon request by members of the public using the County’s public records request process.” 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 includes responses to comments received on the rule or the preamble in the Notice of Proposed Rulemaking. MCAQD received five versions of draft Rule 326 with proposed revisions from one stakeholder. All of the proposed revisions were reviewed and evaluated by MCAQD. Return to list of attachments Maricopa County • Air Quality Department • Report the the Board of Supervisors 16 of 101 Version #1: Comments 1.1 through 1.29 were submitted via email and received on July 6, 2023, in an attached strikethrough underline version of Rule 326. See Version #1 of draft Rule 326 provided by the commenter. Response #1: Below is a response to the comments in Version #1 of draft Rule 326 provided by the commenter. The comments are numbered in the right-hand margin of the commenter’s submittal and the corresponding response is listed below. 1.1 MCAQD revised the rule language as suggested. The applicability for combustion units reads as follows: “Each combustion unit with a rated heat input greater than 10 million (MM) British thermal units per hour (Btu/hr) used in steelmaking operations.” This threshold is also used in other SIP-approved Maricopa County Air Pollution Control Rules. 1.2 MCAQD removed the language: “Each dryer, preheater, and furnace used in steelmaking operations” and replaced it with the language in Response 1.1. MCAQD removed the language: “Binder usage associated with ladle and tundish refractory repair.” Binder usage is not regulated under the proposed rule. VOC emissions from binder used in maintenance activities are minimal and regulated as site-specific permit conditions developed pursuant to Rule 210 (Title V Permit Provisions) and Rule 220 (Non-Title V Permit Provisions). Binder usage used in casting operations at foundries is already regulated under other SIP-approved rules such as Rule 341 (Metal Investment Casting) and Rule 347 (Ferrous Sand Casting). 1.3 MCAQD removed the definition of “Binder” as suggested. 1.4 Capture system requirements were not removed as suggested, therefore, the definition of “Capture System” was not removed. For more details, see Response 1.15. 1.5 MCAQD removed the definition of “charge” as suggested. 1.6 Capture system requirements were not removed as suggested; therefore, the definition of “Direct Evacuation Control (DEC) System” was not removed. For more details, see Response 1.15. 1.7 MCAQD revised the rule language as suggested. The definition of “Ladle Metallurgy Station” reads as follows: “An area for intermediate steel processing where the chemistry and temperature of molten steel is further refined while it is still in the ladle (a Maricopa County • Air Quality Department • Report the the Board of Supervisors 17 of 101 refractory lined vessel) that is used for transporting molten metal from process to process. The ladle metallurgy step comes after the steel is melted and refined in the EAF, but before the steel is sent to the continuous caster or poured into molds.” 1.8 Capture system requirements were not removed as suggested; therefore, the definition of “Meltshop” was not removed. For more details, see Response 1.15. 1.9 MCAQD removed the definition of “Oxygen-fuel Burners” as suggested. This is a common industry term and does not need defining. The requirement in § 302.2 identifies the purpose of the burners and is sufficient. 1.10 The definition of “Steelmaking Operations” was added and was derived from the definition of “electric arc furnace (EAF) steelmaking facility” from NESHAP Subpart YYYYY and reads as follows: “Operations that produce carbon, alloy, specialty steels, or steel castings by melting scrap metal using an EAF or LMS or both.” 1.11 MCAQD removed the definition of “Tundish” as suggested. 1.12 MCAQD considered the comment and determined the appropriate language for demonstrating good work practices for the EAF and LMS as follows: “An owner or operator of an EAF listed in § 102.1 or LMS listed in §102.2 that conducts performance testing under § 502.1.a or § 502.2.a to demonstrate compliance with the applicable emission limits in § 301.1 or § 301.2 shall install, operate, and maintain the equipment in good working order. Good work practices shall be demonstrated by: a. Following recommendations provided by the manufacturer’s written instructions; or b. Following written procedures developed by the owner or operator based on good air pollution control practices for minimizing emissions. The terms “written” and “for minimizing emissions” were added to the suggested language from the commenter. These additions were derived from a NESHAP operation and maintenance requirement in 40 CFR § 63.6(e), “Compliance with Standards and Maintenance Requirements.” 1.13 The term “Administrator” refers to the Environmental Protection Agency and cannot be replaced by the term “Control Officer” which refers to the MCAQD. If the owner or operator of a steelmaking source listed in § 102.1 wants to use alternative technology other than oxygen-fuel burners or Maricopa County • Air Quality Department • Report the the Board of Supervisors 18 of 101 oxygen-fuel injectors to reduce NOx emissions in a new EAF, final approval from EPA would need to be obtained once Rule 326 is incorporated into the Arizona SIP. 1.14 See Response 1.12. 1.15 Section 305 “Preheaters, Dryers, and Furnaces” was renumbered and retitled as § 303 “Good Combustion Practices for Combustion Units.” This revision ensures consistency with § 102.3 under “Applicability”. Section 306 “Capture System” was not removed as suggested because a properly operating capture system is essential to collecting representative data for monitoring and demonstrating compliance with the numerical NOx and VOC RACT emission limits. 1.16 A provision for a fuel usage limitation was included but remains a part of demonstrating good combustion practices. The fuel limitation only applies to combustion units with a heat input capacity greater than 10 MMBtus/hr, therefore keeping this fuel limitation under § 303 “Good Combustion Practices for Combustion Units” provides clarity and consistency. 1.17 MCAQD considered this comment regarding good combustion practices and the provision was revised as follows: “An owner or operator of a combustion unit listed in § 102.3 shall install, operate, and maintain the equipment in good working order by: a. Following recommendations provided by the manufacturer’s written instructions; or b. Following written procedures developed by the owner or operator based on good air pollution control practices for minimizing emissions 1.18 MCAQD agrees that alternative fuels such as hydrogen and propane will be more frequently used for combustion purposes. The fuel limitation in § 303.2 was revised as follows: “…only gaseous fuel such as natural gas, butane, propane, hydrogen, or other fuels that when burned result in equivalent or lower NOx emissions than the gaseous fuels listed in this section.” 1.19 See Response 1.17. 1.20 MCAQD incorporated the following federal citations for the Scrap Management Plan to replace the list of minimum plan requirements: • 40 CFR Part 63, Subpart YYYYY (Rule 370 § 302.123 Subpart YYYYY) • 40 CFR Part 63, Subpart ZZZZZ (Rule 370 § 302.124 Subpart ZZZZZ) Maricopa County • Air Quality Department • Report the the Board of Supervisors 19 of 101 1.21 Section 309 “Operation and Maintenance Plan for Capture System” was not removed from Rule 326 as suggested. For more details, see Response 1.15. Section 310 “Binder Usage” was removed. Binder usage used in casting operations at foundries is already regulated under other SIP-approved rules such as Rule 341 (Metal Investment Casting) and Rule 347 (Ferrous Sand Casting). For more details, see response 1.2. 1.22 The phrase “without delay” was removed and replaced with “no later than five business days.” 1.23 MCAQD revised the rule language as follows: “Fuel Records: Monthly records showing the type of fuel combusted in any equipment listed in § 102.3” 1.24 The types of records required for “Good Operation and Maintenance Practices” listed in § 501.5.e. was revised as follows: “(1) Manufacturer’s written operation and maintenance instructions and/or written procedures developed by the owner or operator based on good air pollution control practices for minimizing emissions as specified in § 302.1 and § 303.1. (2) Capture System O&M Plan records as specified below: (a) A copy of the facility’s most recently approved O&M Plan; (b) A schematic drawing of the capture system; (c) Operating parameters that are indicators of capture system performance; (d) Results of routine inspections; and (e) Corrective actions and maintenance activities.” The terms “written” and “for minimizing emissions” were added by MCAQD to the suggested language. This revision was derived from a NESHAP operation and maintenance requirement in 40 CFR § 63.6(e), “Compliance with Standards and Maintenance Requirements.” 1.25 MCAQD considered the comment and revised the language for records required for “Good Combustion Practices” as follows: “For any equipment listed in § 102.3, manufacturer’s written combustion practices and/or written procedures developed by the owner or operator based on good air pollution control practices for minimizing emissions.” 1.26 MCAQD removed the provision for “binder usage” as suggested. See Responses 1.2 and 1.21 for more details. Maricopa County • Air Quality Department • Report the the Board of Supervisors 20 of 101 1.27 As suggested, the records retention provisions were moved to § 501 (Recordkeeping and Reporting). The language reads as follows: “501 RECORDKEEPING AND REPORTING: Any owner or operator subject to this rule shall comply with the following recordkeeping requirements: 501.1 Records shall be retained for a period of five years.” 1.28 MCAQD considered the comment and determined that there will be no changes to § 504 “Compliance Determinations – Test Methods Incorporated by Reference” regarding EPA Reference Methods 3 and 4. EPA Reference Methods 1, 2, 3, and 4 are necessary to determine exhaust dry standard cubic foot. These test methods are standard in rules that require stack testing. 1.29 MCAQD considered the comment and determined that there will be no changes to § 504 “Compliance Determinations – Test Methods Incorporated by Reference” regarding EPA Reference Method 25A. Methane and ethane may be measured independently and subtracted out if the owner or operator chooses to do so. The measurement of these non- reactive photo chemicals is available as an option, not a requirement. Version #2: Comments 2.1 through 2.22 were submitted via email and received on September 11, 2023, in an attached strikethrough underline version of Rule 326. See Version #2 of draft Rule 326 provided by the commenter. Response #2: Below is a response to the comments in Version #2 of draft Rule 326 provided by the commenter. The comments are numbered in the right-hand margin of the commenter’s submittal and the corresponding response is listed below. 2.1 MCAQD revised the rule language for the applicability statement as suggested. 2.2 MCAQD added the definition of “Canopy Hood” as suggested. 2.3 MCAQD revised the rule language for the definition of “Combustion Unit” as suggested. 2.4 MCAQD added the definition of “Fuel” as suggested. 2.5 MCAQD considered the comment and revised the definition of “Meltshop” to read as follows: “A building or structure which houses the EAF, LMS, and combustion units associated with steelmaking operations.” Maricopa County • Air Quality Department • Report the the Board of Supervisors 21 of 101 2.6 MCAQD revised the rule language for the definition of “Operating Day” as suggested. 2.7 MCAQD added the definition of “Steelmaking Operations” as suggested. 2.8 MCAQD added the definition of “Steelmaking Source” as suggested. 2.9 MCAQD considered the comment and determined that “using a 30- operating day rolling average” is more appropriately located in § 502.1.b. because it is only applicable when using CERMS data to comply with the VOC RACT emission limit. 2.10 MCAQD considered the comment and determined that “using a 30- operating day rolling average” is more appropriately located in § 502.2.b. because it is only applicable when using CERMS data to comply with the NOx RACT emission limit. 2.11 See Response 1.12. 2.12 See Response 1.12. 2.13 See Responses 1.17 and 1.18 2.14 MCAQD considered the comment and revised the rule language for the scrap management plan as follows: “For EAF steelmaking facilities, the scrap management plan developed for the control of contaminants from scrap metal per NESHAP 40 CFR Part 63, Subpart YYYYY (Rule 370 § 302.123 Subpart YYYYY) shall satisfy this requirement.” 2.15 MCAQD considered the comment and revised the rule language for the O&M Plan requirements for the capture system as follows: “The O&M Plan shall include: a. A schematic drawing of the capture system that identifies the components of the capture system. b. Operating parameters that are indicators of capture system performance. c. A schedule for routine inspections of the capture system. Inspections shall include observations of the physical appearance of the components such as the presence of holes in the ductwork or hoods, flow constrictions caused by dents, accumulated dust in the ductwork, and fan erosion.” 2.16 MCAQD considered the comment and revised the rule language as follows: Maricopa County • Air Quality Department • Report the the Board of Supervisors 22 of 101 “The owner or operator shall submit the O&M Plan to the Control Officer for approval. The O&M Plan shall incorporate the manufacturer’s written instructions and/or written procedures developed by the owner or operator based on good air pollution control practices for minimizing emissions.” 2.17 See Response 1.22. 2.18 MCAQD considered the comment regarding recordkeeping for performance testing and revised the language as follows: “Performance Testing: A file of applicable performance test reports, testing measurements, performance evaluations, certifications, calibrations, maintenance, and adjustments (including completed maintenance checklists).” 2.19 See Response 1.24. 2.20 MCAQD added the term “operating” as suggested. 2.21 MCAQD considered the suggestion regarding compliance determinations using CO CERMS and revised the rule language as follows: “For equipment that uses CO CERMS as a surrogate to determine VOC emissions, the owner or operator shall use the CO CERMS data using a 30- operating day rolling average and a correlation factor based on the ratio of mass VOC emissions and mass CO emissions as determined by the average of such ratios determined from the six most recent semi-annual performance tests.” 2.22 MCAQD added the term “operating” as suggested. Version #3: Comments 3.1 through 3.20 were submitted via email received on September 29, 2023, in an attached strikethrough underline version of Rule 326. Many of the comments in Version #3 were the same comments as in Versions #1 and #2. See Version #3 of draft Rule 326 provided by the commenter. Response #3: Below is a response to the comments in Version #3 of draft Rule 326 provided by the commenter. The comments are numbered in the right-hand margin of the commenter’s submittal and the corresponding response is listed below. 3.1 MCAQD considered the comment and determined the term “electric arc furnace” should not be removed from the title because this rule is only applicable to steelmaking operations that utilize an EAF. If an owner or operator conducts steelmaking operations using an electric induction furnace, for example, the facility would not be subject to this rule. Maricopa County • Air Quality Department • Report the the Board of Supervisors 23 of 101 3.2 MCAQD considered the comment and although the proposed rule's requirements are not limited to just EAFs, the phrase “using electric arc furnaces” will remain in the “Purpose” statement for clarity. 3.3 See Response 2.2. 3.4 See Response 2.3. 3.5 See Response 2.4. 3.6 See Response 2.5. 3.7 See Response 2.6. 3.8 See Response 2.7. 3.9 See Response 2.8. 3.10 See Response 1.12. 3.11 See Response 1.12. 3.12 See Response 1.17. 3.13 See Response 1.18. 3.14 See Response 1.20. 3.15 See Response 2.15. 3.16 See Response 1.22. 3.17 See Response 2.18. 3.18 See Response 1.24. 3.19 MCAQD considered the comment and removed the alternative method provision and replaced it with § 502.1.c which allows CO CERMS data to be used as an alternative method for determining compliance with the VOC emission limit. 3.20 See Response 2.21. Maricopa County • Air Quality Department • Report the the Board of Supervisors 24 of 101 Version #4: Comments 4.1 through 4.13 were submitted via email received on May 3, 2024, in an attached strikethrough underline version of Rule 326. See Version #4 of draft Rule 326 provided by the commenter. Response #4: Below is a response to the comments in Version #4 of draft Rule 326 provided by the commenter. The comments are numbered in the right-hand margin of the commenter’s submittal and the corresponding response is listed below. 4.1 MCAQD considered the suggested language and added “any equipment listed in § 102.1 and § 102.2” (which refers to each EAF and LMS, respectively) to Section 301.1.a for clarification purposes. However, the reference to “§ 102.3” (which refers to combustion units with a maximum design rated heat input capacity greater than 10 MMBtu/hr) will not be added to Section 301.1.b. as suggested. Combustion units in § 102.3 are not subject to the numerical VOC RACT emission limit in § 301.1.a. 4.2 MCAQD considered the suggested language and added “any equipment listed in § 102.1 and § 102.2” (which refers to each EAF and LMS, respectively) to Section 301.2.a for clarification purposes. However, the reference to “§ 102.3” will not be added to Section 301.2.b. as suggested. Combustion units in § 102.3 are not subject to the numerical NOx RACT emission limit in § 301.2.a. 4.3 MCAQD revised § 302 so that the requirement to demonstrate good work practices only applies to steelmaking operations that conduct performance testing in lieu of a CERMS. The rule language reads as follows: “An owner or operator of an EAF listed in § 102.1 or LMS listed in §102.2 that conducts performance testing under § 502.1.a or § 502.2.a to demonstrate compliance with the applicable emission limits in § 301.1 or § 301.2 shall install, operate, and maintain the equipment in good working order. Good work practices shall be demonstrated by: a. Following recommendations provided by the manufacturer’s written instructions; or b. Following written procedures developed by the owner or operator based on good air pollution control practices for minimizing emissions.” Good work practices for facilities with CERMS are demonstrated through continuous compliance with the RACT emission limits in § 301 and maintaining the CERMS in accordance with 40 CFR Part 60, Appendix B Maricopa County • Air Quality Department • Report the the Board of Supervisors 25 of 101 (Performance Specifications) and Appendix F (Quality Assurance Procedures) in § 503. 4.4 See Response 4.3. 4.5 MCAQD considered the suggestion regarding good work practices for reducing NOx emissions from new EAFs and revised the rule language as follows: “An owner or operator of an EAF listed in § 102.1 shall install oxygen-fuel burners, oxygen-fuel injectors, or similar technologies approved by the Administrator to reduce NOx emissions on any EAF that commences initial operation after [rule adoption date].” 4.6 MCAQD considered the suggested language for good combustion practices for combustion units and has revised the rule as follows: “An owner or operator of a combustion unit listed in § 102.3 shall install, operate, and maintain the equipment in good working order by: a. Following recommendations provided by the manufacturer’s written instructions; or b. Following written procedures developed by the owner or operator based on good air pollution control practices for minimizing emissions.” 4.7 MCAQD considered the suggested language for the Operation and Maintenance Plan for the Capture System and has revised the rule language as follows: “The O&M Plan shall incorporate the manufacturer’s written instructions and/or written procedures developed by the owner or operator based on good air pollution control practices for minimizing emissions.” 4.8 MCAQD considered the comment to remove the CERMS recordkeeping requirement to record any corrective actions in the event of an emission exceedance. The recordkeeping requirement corresponds to § 503 which describes what constitutes an emission exceedance. MCAQD will maintain this requirement but will remove the term “any” so that the types of records for CERMS consists of the following information: “All CERMS measurements, corrective actions taken in the event of an emission exceedance as defined in § 503, results of CERMS performance evaluations, CERMS calibration checks, and adjustments and maintenance performed on these systems. 4.9 See Response 1.24. Maricopa County • Air Quality Department • Report the the Board of Supervisors 26 of 101 4.10 MCAQD considered the comment for recordkeeping requirements for good combustion practices and has revised the types of records for combustion units to consist of the following information: “For any equipment listed in § 102.3, manufacturer’s written combustion practices and/or written procedures developed by the owner or operator based on good air pollution control practices for minimizing emissions.” 4.11 MCAQD considered the suggested language for § 502.1 and added “any equipment listed in § 102.1 and § 102.2” (which refers to each EAF and LMS, respectively) for clarification purposes. However, the reference to “§ 102.3” (which refers to combustion units with a maximum design rated heat input capacity greater than 10 MMBtu/hr) will not be added to Section 301.1.b. as suggested. Combustion units in § 102.3 are not subject to the numerical VOC RACT emission limit in § 301.1.a. 4.12 MCAQD considered the suggested language for § 502.2 and added “any equipment listed in § 102.1 and § 102.2” (which refers to each EAF and LMS, respectively) for clarification purposes. However, the reference to “§ 102.3” will not be added to Section 301.2.b. as suggested. Combustion units in § 102.3 are not subject to the numerical NOx RACT emission limit in § 301.2.a 4.13 MCAQD considered the suggestion regarding compliance determinations using CERMS and revised the rule language in § 503.1 as follows: “An owner or operator using a CERMS to demonstrate compliance with applicable emission limits in § 301 shall install, operate, calibrate, maintain, and test the CERMS in accordance with 40 CFR Part 60, Appendix B (Performance Specifications) and Appendix F (Quality Assurance Procedures).” Version #5: Comments 5.1 through 5.12 were submitted via email received on May 3, 2024, in an attached strikethrough underline version of Rule 326. Many of the comments in Version #5 were the same as the comments in Version #4. See Version #5 of draft Rule 326 provided by the commenter. Response #5: Below is a response to the comments in Version #5 of draft Rule 326 provided by the commenter. The comments are numbered in the right-hand margin of the commenter’s submittal and the corresponding response is listed below. 5.1 See Response 4.1. 5.2 See Response 4.2. Maricopa County • Air Quality Department • Report the the Board of Supervisors 27 of 101 5.3 See Response 4.3. 5.4 See Response 4.5. 5.5 See Response 4.6. 5.6 See Response 4.7. 5.7 See Response 4.8. 5.8 See Response 1.24. 5.9 See Response 4.10. 5.10 See Response 4.11. 5.11 See Response 4.12. 5.12 See Response 4.13. Exact Wording of the Rule MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 326 (STEELMAKING OPERATIONS: ELECTRIC ARC FURNACES) INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 PARTIAL EXEMPTION SECTION 200 – DEFINITIONS 201 CANOPY HOOD 202 CAPTURE SYSTEM 203 COMBUSTION UNIT 204 DIRECT EVACUATION CONTROL (DEC) SYSTEM 205 ELECTRIC ARC FURNACE (EAF) 206 FUEL Return to list of attachments Maricopa County • Air Quality Department • Report the the Board of Supervisors 28 of 101 207 LADLE METALLURGY STATION (LMS) 208 MELTSHOP 209 OPERATING DAY 210 SCRAP METAL 211 STEEL FOUNDRY OPERATIONS 212 STEELMAKING OPERATIONS 213 STEELMAKING SOURCE SECTION 300 – STANDARDS 301 LIMITATIONS 302 GOOD WORK PRACTICES FOR ELECTRIC ARC FURNACES AND LADLE METALLURGY STATIONS 303 GOOD COMBUSTION PRACTICES FOR COMBUSTION UNITS 304 SCRAP MANAGEMENT PLAN 305 CAPTURE SYSTEM 306 OPERATION AND MAINTENANCE (O&M) PLAN FOR CAPTURE SYSTEM SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE - INCREMENTS OF PROGRESS SECTION 500 – MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 COMPLIANCE DETERMINATIONS 503 CONTINUOUS EMISSION RATE MONITORING SYSTEM (CERMS) 504 COMPLIANCE DETERMINATIONS – TEST METHODS INCORPORATED BY REFERENCE Maricopa County • Air Quality Department • Report the the Board of Supervisors 29 of 101 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 326 (STEELMAKING OPERATIONS: ELECTRIC ARC FURNACES) SECTION 100 – GENERAL 101 PURPOSE: To limit the discharge of volatile organic compound (VOC) and nitrogen oxide (NOx) emissions into the atmosphere from steelmaking operations using electric arc furnaces (EAF). 102 APPLICABILITY: This rule applies to the following equipment and operations at a steelmaking source: 102.1 Each EAF used to melt scrap metal to produce molten steel. 102.2 Each Ladle Metallurgy Station (LMS) used to maintain the steel’s molten state and to further refine by adding raw materials into the steel. 102.3 Each combustion unit with a maximum design rated heat input capacity greater than 10 million British thermal units per hour (MMBtu/hr) used in steelmaking operations. 102.4 NSPS & NESHAP: In addition to this rule, facilities may be subject to New Source Performance Standards (NSPS) in Rule 360 and/or National Emission Standards for Hazardous Air Pollutants (NESHAP) in Rule 370 of the Maricopa County Air Pollution Control Regulations. 103 PARTIAL EXEMPTION: 103.1 VOC Limitations: Section 301.1 of this rule does not apply to an owner or operator of a steelmaking operation if: a. Total VOC emissions from steelmaking operations are less than 25 tons per year as determined on a 12-month rolling average, and b. The steelmaking operation is not considered a major source for VOCs. Any steelmaking operation that becomes subject to the VOC limitation in § 301.1 by exceeding the 25 ton per year threshold or becomes a major source for VOCs shall comply with the compliance schedule provisions in § 401. 103.2 NOx Limitations: Section 301.2 of this rule does not apply to an owner or operator of a steelmaking operation if: a. Total NOx emissions from steelmaking operations are less than 25 tons per year as determined on a 12-month rolling average, and b. The steelmaking operation is not considered a major source for NOx. Maricopa County • Air Quality Department • Report the the Board of Supervisors 30 of 101 Any steelmaking operation that becomes subject to the NOx limitation in § 301.2 by exceeding the 25 ton per year threshold or becomes a major source for NOx shall comply with the compliance schedule provisions in § 401. SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of Maricopa County Air Pollution Control Regulations. 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 CANOPY HOOD: A section of a capture system that is positioned high above the EAF in the meltshop. 202 CAPTURE SYSTEM: The equipment (including ducts, hoods, fans, dampers) used to capture or transport emissions generated by any of the equipment or operations listed in § 102 to air pollution control equipment. 203 COMBUSTION UNIT: Any type of stationary equipment in which fuels are burned for the purpose of producing heat for steelmaking operations. Stationary equipment includes, but is not limited to, dryers, heaters, and furnaces. 204 DIRECT EVACUATION CONTROL (DEC) SYSTEM: A system that maintains a negative pressure within the EAF above the slag or metal and ducts emissions to the control device. 205 ELECTRIC ARC FURNACE (EAF): A furnace that produces molten steel through electric power from carbon electrodes. An electric arc furnace consists of the furnace shell, roof, and the transformer. 206 FUEL: Any material that is used to produce heat or power by burning. For purposes of this rule, a fuel does not include carbon and other process materials, which may have fuel value, but are fed to an EAF as raw materials. 207 LADLE METALLURGY STATION (LMS): An area for intermediate steel processing where the chemistry and temperature of molten steel is further refined while it is still in the ladle (a refractory lined vessel) that is used for transporting molten metal from process to process. The ladle metallurgy step comes after the steel is melted and refined in the EAF, but before the steel is sent to the continuous caster or poured into molds. 208 MELTSHOP: A building or structure which houses the EAF, LMS, and combustion units associated with steelmaking operations. 209 OPERATING DAY: A 24-hour period between 0000 and 2359 during which any EAF or LMS is in operation and producing steel. 210 SCRAP METAL: Metal that is capable of being recycled. 211 STEEL FOUNDRY OPERATIONS: All process equipment and practices used to produce metal castings for shipment. Foundry operations include mold or core making and Maricopa County • Air Quality Department • Report the the Board of Supervisors 31 of 101 coating; scrap handling and preheating; metal melting and inoculation; pouring, cooling, and shakeout; shotblasting, grinding, and other metal finishing operations; and sand handling. 212 STEELMAKING OPERATIONS: Operations that produce carbon, alloy, specialty steels, or steel castings by melting scrap metal using an EAF or LMS or both. 213 STEELMAKING SOURCE: A source that conducts steelmaking operations. SECTION 300 – STANDARDS 301 LIMITATIONS 301.1 VOLATILE ORGANIC COMPOUNDS: a. Reasonably Available Control Technology (RACT) Emission Limit: An owner or operator of any equipment listed in § 102.1 and § 102.2 shall not cause to be discharged into the atmosphere volatile organic compounds in excess of 0.77 pounds of VOC per ton of steel from steelmaking operations. b. Case-by-Case RACT Requirements: Nothing in this rule shall prevent the owner or operator of any equipment listed in § 102.1 and § 102.2 from requesting alternative RACT requirements on a case-by-case basis. An owner or operator shall be exempt from § 301.1.a if the owner or operator fully complies with alternative RACT requirements that are approved by the Control Officer and the Administrator, incorporated into an Air Pollution Control Permit, and approved into the Arizona State Implementation Plan. 301.2 NITROGEN OXIDES: a. RACT Emission Limit: An owner or operator of any equipment listed in § 102.1 and § 102.2 shall not cause to be discharged into the atmosphere nitrogen oxide in excess of 0.54 pounds of NOx per ton of steel from steelmaking operations. b. Case-by-Case RACT Requirements: Nothing in this rule shall prevent the owner or operator of any equipment listed in § 102.1 and § 102.2 from requesting alternative RACT requirements on a case-by-case basis. An owner or operator shall be exempt from § 301.2.a if the owner or operator fully complies with alternative RACT requirements that are approved by the Control Officer and the Administrator, incorporated into an Air Pollution Control Permit, and approved into the Arizona State Implementation Plan. 302 GOOD WORK PRACTICES FOR ELECTRIC ARC FURNACES AND LADLE METALLURGY STATIONS: 302.1 An owner or operator of an EAF listed in § 102.1 or LMS listed in §102.2 that conducts performance testing under § 502.1.a or § 502.2.a to demonstrate compliance with the applicable emission limits in § 301.1 or § 301.2 shall install, operate, and maintain the equipment in good working order. Good work practices shall be demonstrated by: Maricopa County • Air Quality Department • Report the the Board of Supervisors 32 of 101 a. Following recommendations provided by the manufacturer’s written instructions; or b. Following written procedures developed by the owner or operator based on good air pollution control practices for minimizing emissions. 302.2 EAF: An owner or operator of an EAF listed in § 102.1 shall install oxygen-fuel burners, oxygen-fuel injectors, or similar technologies approved by the Administrator to reduce NOx emissions on any EAF that commences initial operation after [rule adoption date]. 303 GOOD COMBUSTION PRACTICES FOR COMBUSTION UNITS: 303.1 An owner or operator of a combustion unit listed in § 102.3 shall install, operate, and maintain the equipment in good working order by: a. Following recommendations provided by the manufacturer’s written instructions; or b. Following written procedures developed by the owner or operator based on good air pollution control practices for minimizing emissions. 303.2 Fuel Limitation: An owner or operator of any equipment listed in § 102.3 shall combust only gaseous fuel such as natural gas, butane, propane, hydrogen, or other fuels that when burned result in equivalent or lower NOx emissions than the gaseous fuels listed in this section. 304 SCRAP MANAGEMENT PLAN: An owner or operator of any EAF listed in § 102.1 shall implement a scrap management plan for limiting the amount of VOC containing material that may be introduced when processing scrap metal. 304.1 For EAF steelmaking facilities, the scrap management plan developed for the control of contaminants from scrap metal per NESHAP 40 CFR Part 63, Subpart YYYYY (Rule 370 § 302.123 Subpart YYYYY) shall satisfy this requirement. 304.2 For steel foundries, the scrap management plan developed for the control of contaminants from scrap metal per NESHAP 40 CFR Part 63, Subpart ZZZZZ (Rule 370 § 302.124 Subpart ZZZZZ) shall satisfy this requirement. 304.3 The owner or operator shall keep a copy of the plan onsite and shall provide training on plan requirements to all plant personnel with materials acquisition or inspection duties upon initial hire and upon any changes to the plan. 305 CAPTURE SYSTEM: An owner or operator of any equipment listed in § 102 shall install, operate, and maintain a capture system including, but not limited to, a DEC system or meltshop canopy hood in accordance the facility’s most recently approved O&M Plan. 306 OPERATION AND MAINTENANCE (O&M) PLAN FOR CAPTURE SYSTEM: An owner or operator shall provide and maintain an O&M Plan for any capture system used pursuant to this rule. 306.1 The owner or operator shall submit the O&M Plan to the Control Officer for approval. The O&M Plan shall incorporate the manufacturer’s written instructions Maricopa County • Air Quality Department • Report the the Board of Supervisors 33 of 101 and/or written procedures developed by the owner or operator based on good air pollution control practices for minimizing emissions. 306.2 The O&M Plan shall include: a. A schematic drawing of the capture system that identifies the components of the capture system. b. Operating parameters that are indicators of capture system performance. c. A schedule for routine inspections of the capture system. Inspections shall include observations of the physical appearance of the components such as the presence of holes in the ductwork or hoods, flow constrictions caused by dents, accumulated dust in the ductwork, and fan erosion. 306.3 The owner or operator shall comply with all identified actions and schedules provided in the O&M Plan. SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE - INCREMENTS OF PROGRESS: An owner or operator of a steelmaking operation who exceeds the 25 ton per year threshold or becomes a major source of VOCs or NOx and becomes subject to the RACT emission limits in § 301.1 or § 301.2 shall comply with the following increments of progress: 401.1 Within six months of becoming subject to the emission limits in § 301.1 or § 301.2, submit a compliance schedule and permit application to the Control Officer. 401.2 Within 12 months of final permit issuance, be fully compliant with the emission limits in § 301.1 or § 301.2 and submit to the Control Officer a complete source test report indicating compliance. SECTION 500 – MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: Any owner or operator subject to this rule shall comply with the following recordkeeping requirements: 501.1 Records shall be retained for a period of five years. 501.2 Records shall be made available to the Control Officer no later than five business days upon verbal or written 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. 501.4 Records shall be kept on site at all times in a consistent and complete manner. 501.5 Records shall consist of the following information: a. Steel Production: Monthly steel production as measured by the quantity of steel tapped from each EAF on a 12-month rolling total. b. Fuel Records: Monthly records showing the type of fuel combusted in any equipment listed in § 102.3. Maricopa County • Air Quality Department • Report the the Board of Supervisors 34 of 101 c. Performance Testing: A file of applicable performance test reports, testing measurements, performance evaluations, certifications, calibrations, maintenance, and adjustments (including completed maintenance checklists). d. Continuous Emission Rate Monitoring Systems (CERMS): All CERMS measurements, corrective actions taken in the event of an emission exceedance as defined in § 503, results of CERMS performance evaluations, CERMS calibration checks, and adjustments and maintenance performed on these systems. e. Good Operation and Maintenance Practices: (1) Manufacturer’s written operation and maintenance instructions and/or written procedures developed by the owner or operator based good air pollution control practices for minimizing emissions as specified in § 302.1 and § 303.1. (2) Capture System O&M Plan records as specified below: (a) A copy of the facility’s most recently approved O&M Plan; (b) A schematic drawing of the capture system; (c) Operating parameters that are indicators of capture system performance; (d) Results of routine inspections; and (e) Corrective actions and maintenance activities. f. Good Combustion Practices: For any equipment listed in § 102.3, manufacturer’s written combustion practices and/or written procedures developed by the owner or operator based on good air pollution control practices for minimizing emissions. g. Scrap Management Plan and Training Records: (1) A copy of the facility’s most recently approved plan as specified in § 304. (2) Records that demonstrate training on the plan requirements was provided to all plant personnel with scrap metal acquisition or inspection duties. 502 COMPLIANCE DETERMINATIONS 502.1 VOC Emissions: An owner or operator of any equipment listed in § 102.1 or § 102.2 that is subject to a numeric emission limit in § 301.1.a shall demonstrate compliance with the limit by complying with § 502.1.a unless § 502.1.b or § 502.1.c apply: a. Performance Testing: Conduct a performance test at least every five years. Performance tests shall measure VOCs using Environmental Protection Agency (EPA) Reference Method 25A as incorporated by reference in § 504.6. The result of the performance test shall be the arithmetic mean of the results of three test runs. Each test run shall have a minimum sample time of one hour. Maricopa County • Air Quality Department • Report the the Board of Supervisors 35 of 101 b. VOC CERMS: For equipment that uses VOC CERMS to determine emissions, the owner or operator shall use the CERMS data using a 30-operating day rolling average. c. Carbon Monoxide (CO) CERMS: For equipment that uses CO CERMS as a surrogate to determine VOC emissions, the owner or operator shall use the CO CERMS data using a 30-operating day rolling average and a correlation factor based on the ratio of mass VOC emissions and mass CO emissions as determined by the average of such ratios determined from the six most recent semi-annual performance tests. 502.2 NOx Emissions: An owner or operator of any equipment listed in § 102.1 or § 102.2 that is subject to a numeric emission limit in § 301.2.a shall demonstrate compliance with the limit by complying with § 502.2.a unless § 502.2.b applies: a. Performance Testing: Conduct a performance test at least every five years using EPA Reference Method 7E as incorporated by reference in § 504.5. The result of the performance test shall be the arithmetic mean of the results of three test runs. Each test run shall have a minimum sample time of one hour. b. NOx CERMS: For equipment that uses NOx CERMS to determine emissions, the owner or operator shall use the CERMS data using a 30-operating day rolling average. 503 CONTINUOUS EMISSION RATE MONITORING SYSTEM (CERMS): 503.1 An owner or operator using a CERMS to demonstrate compliance with applicable emission limits in § 301 shall install, operate, calibrate, maintain, and test the CERMS in accordance with 40 CFR Part 60, Appendix B (Performance Specifications) and Appendix F (Quality Assurance Procedures). 503.2 Excess emissions for § 301 are defined as exceedances of emission rates expressed in terms of pounds per ton of steel produced that exceed the applicable numeric emission limits in any 30-operating day rolling average period. 504 COMPLIANCE DETERMINATIONS – TEST METHODS INCORPORATED BY REFERENCE: The following test methods are approved for use for the purpose of determining compliance with this rule. The test methods are incorporated by reference in Rule 360 and Appendix G of the Maricopa County Air Pollution Control Regulations. Alternative test methods as approved by the Administrator or other EPA-approved test methods may be used upon prior written approval from the Control Officer. When more than one test method is permitted for the same determination, an exceedance under any method will constitute a violation. Copies of test methods referenced in this section are available at the Maricopa County Air Quality Department. 504.1 EPA Reference Methods 1 (“Sample and Velocity Traverses for Stationary Sources”), and 1A (“Sample and Velocity Traverses for Stationary Sources with Small Stacks and Ducts”) (40 CFR 60, Appendix A-1). 504.2 EPA Reference Methods 2 (“Determination of Stack Gas Velocity and Volumetric Flow Rate”), 2A (“Direct Measurement of Gas Volume through Pipes and Small Maricopa County • Air Quality Department • Report the the Board of Supervisors 36 of 101 Ducts”), 2C (“Determination of Stack Gas Velocity and Volumetric Flow Rate in Small Stacks or Ducts”), and 2D (“Measurement of Gas Volume Flow Rates in Small Pipes and Ducts”) (40 CFR 60, Appendix A-1). 504.3 EPA Reference Methods 3 (“Gas Analysis for the Determination of Dry Molecular Weight”), 3A (“Determination of Oxygen and Carbon Dioxide Concentrations in Emissions from Stationary Sources (Instrumental Analyzer Procedure)”), 3B (“Gas Analysis for the Determination of Emission Rate Correction Factor or Excess Air”), and 3C (“Determination of Carbon Dioxide, Methane, Nitrogen and Oxygen from Stationary Sources”) (40 CFR 60, Appendix A-2). 504.4 EPA Reference Method 4 (“Determination of Moisture Content in Stack Gases”) (40 CFR 60, Appendix A-3). 504.5 EPA Reference Method 7E (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Instrumental Analyzer Procedure”) (40 CFR 60, Appendix A- 4). 504.6 EPA Reference Method 25A (“Determination of Total Gaseous Organic Concentration Using a Flame Ionization Analyzer”) (40 CFR 60, Appendix A-7). Maricopa County • Air Quality Department • Report the the Board of Supervisors 37 of 101 1 MARICOPA COUNTY BOARD OF HEALTH MEETING MINUTES Monday, April 24, 2023, at 3:00 PM 4041 N. Central Ave. Floor 14 Phoenix, Az 85012 President MacMillan called the meeting to order at 3:02 p.m. ROLL CALL: Members Present: Debra Baldauff Don Cassano (virtual) Joanne Osborne Matthew Farber Paul Stander (virtual) Robert MacMillan Ex-Officio: Marcy Flanagan Members Absent: Supervisor Bill Gates Paula Banahan 1. CALL TO ORDER - 3:02pm President MacMillan A. Roll Call B. Call to the Public Ms. Sampler informed all that there were no requests known to speak. DISCUSSION/ACTION ITEMS: 2. Elections President MacMillan President MacMillan asked the board for a motion for the continuation of elections, moving the agenda item to the next board of health meeting adding that a review and amendments to the bylaws were needed. Motioned to approve moving the elections to the next board meeting and adding the bylaws as an agenda item. • Motion - Mr. Cassano • Seconded - Ms. Baldauff • Motion passed unanimously Return to list of attachments Maricopa County • Air Quality Department • Report the the Board of Supervisors 38 of 101 2 3. The appointment of Joanne Osborne Marcy Flanagan The Board of Supervisors accepted the resignation of Kristen Acton from the Board of Health, representing Supervisorial District 4. The resignation is effective as of February 2, 2023. The Board of Supervisors approved the appointment of Joanne Osborne to the Board of Health, representing Supervisorial District 4. The term of service will be from Board approval through December 31, 2023, completing the term of resigning Kristen Acton. (C-06-23-547-X-00). 4. Approval of Minutes President MacMillan • Approval of the January 23, 2023 - Board of Health minutes o Motioned – Ms. Baldauff o Second – Mr. Cassano o Motion passed unanimously 5. Public Health Finance Scot Pitcairn A. 3rd Quarter Update – Fiscal Year 2023 Budget Status Report B. Make a recommendation to the Board of Supervisors to approve the Public Health Fiscal Year 2024 Budget Request as recommended by the Maricopa County Budget Office Mr. Pitcairn’s report is based on revenues and expenditures as of 3rd quarter of Fiscal Year 2023 through March 31, 2023, for the funds listed below. Public Health is also asking the Board of Health to make a recommendation to the Board of Supervisors to approve the Public Health Fiscal Year 2024 Budget Request Recommendation as proposed the Maricopa County Budget Office. The finance memo is attached to the agenda outlining all funds reported. • Fund 100 – General Fund • Fund 265 –Public Health Fee Fund • Fund 293 – Justice Reinvestment Fund • Fund 296 – State & Local Recovery Funds/American Rescue Plan Act (ARPA) o COVID-19 American Rescue Plan Act Funds | Maricopa County, AZ. • Fund 297- Opioid Settlement Fund • Fund 532 - Grant Fund Mr. Pitcairn extended a brief explanation of some funds to the members of the board. The agenda provides an outline of all funds for Public Health updates. A recommendation to approve Public Health Services FY24 Recommended Budget as proposed by the County Budget Office to the Board of Supervisors. A recommendation was made by - Ms. Osborne • Seconded - Ms. Baldauff • All were in favor of the recommendation Maricopa County • Air Quality Department • Report the the Board of Supervisors 39 of 101 3 6. Environmental Services Sylvie Donaldson A. 3rd Quarter Update – Fiscal Year 2023 Budget Status Report B. Make a recommendation to the Board of Supervisors to approve the Environmental Services Department (ESD) Fiscal Year 2024 Budget Request as recommended by the Maricopa County Budget Office Ms. Donaldson’s reported on ESD Budget Status as of Quarter 3 close for Fiscal Year FY23, for the funds listed below. ESD is also asking the Board of Health to make a recommendation to the Board of Supervisors to approve Environmental Services Department Fiscal Year 2024 Budget Recommendation as proposed by the Maricopa County Budget Office. The finance memo is attached to the agenda outlining all the funds reported. • Fund 100 - County General Fund • Fund 290 – Environmental Tire Fund • Fund 506 – Environmental Fee Fund Ms. Donaldson extended a brief explanation of some funds to the members of the board. There were no additional questions for any of the funds reported. A recommendation to approve Environmental Services Department FY24 Recommended Budget as proposed by the County Budget Office to the Board of Supervisors. • A recommendation was made by - Ms. Baldauff • Seconded - Dr. Farber • All were in favor of the recommendation 7. Environmental Services Dept. Fee Waiver Applications – Robert Stratman Request for Board of Health approval of twenty-two (22) fee waiver applicants This quarter, the department reviewed twenty-two (22) fee waiver applications. Of the applications reviewed, staff determined that all meet the criteria outlined in the Maricopa County Environmental Health Code. As a reminder, only an operator of a charitable nonprofit establishment that operates to provide relief predominantly for the poor, distrgessed, or underprivileged may apply to the Board of Health for a waiver of a permit fee. A waiver of a permit fee may be granted only to the operator of an establishment that maintains a current 501(c)(3) tax-exempt designation from the Internal Revenue Service and who demonstrates to the Board of Health that payment of said fee will cause financial hardship. Applications for waivers of Temporary Food Establishment fees will be processed on a first come, first served basis in accordance with Chapter I, Regulation 5 a. of the Environmental Health Code. The Department shall only present a maximum of twenty-five (25) of such applications per event to the Board of Health. In addition, a waiver of fees associated with the administering and issuance of a food employee certificate (in compliance with A.R.S. § 41-1080) may be granted to a current student enrolled in a K-12 culinary arts school program or similar curriculum-based programs requiring food employee certificates. The sponsoring school district must demonstrate to the Board of Health that payment of said fee will cause financial hardship. Again, all fee waiver applications reviewed this quarter appear to meet the criteria. ESD provided a brief explanation regarding vendors at events and the fee waiver process adding that they receive approximately 150-200 permits annually. The Board had no additional questions, therefore, Mr. Maricopa County • Air Quality Department • Report the the Board of Supervisors 40 of 101 4 Stratman requested that the board approve the applications on the Fee Waiver Application Summary Sheet labeled P1 through P20; C1, and C2. Approval of the Fee Waiver Application Summary Sheet labeled P1 through P20; C1 and C2. • Motioned – Dr. Baldauff • Second – Dr. Farber • Motion passed unanimously 8. Air Quality Department Greg Verkamp Kimberly Butler Mr. Verkamp and Ms. Butler appeared requesting approval of three rules. Approve expedited process rulemaking for the following rule: A. AQ-2022-006 Rule 100 (General Provisions and Definitions) The U.S. Environmental Protection Agency (EPA) recently requested the Maricopa County Air Quality Department (MCAQD) submit a Title V Program revision for approval. As part of the program revision submittal, the EPA requested MCAQD make a limited number of revisions to Rule 100. The purpose of this rulemaking is to make only the necessary revisions to the rule to address the EPA requests along with some minor clarifications so the revised rule can be submitted to the EPA as part of the Title V program revision. Air Quality conducted one stakeholder workshop in March and has not received any comments from Stakeholders pertaining to Rule 100; therefore, the request is that the Board approve expedited process rulemaking for AQ-2022-006. Motion to approve the Expedited Process Rulemaking for Rule 100 (General Provisions and Definitions) AQ-2022-006 • Motioned – Dr. Farber • Second – Dr. Baldauff • Motion passed unanimously Approve initiation of regulatory change for the following rules: B. AQ-2023-002 Rule 326 (Steelmaking Operations) MCAQD is proposing a new rule, Rule 326, to implement reasonably available control technology (RACT) controls to limit the discharge of volatile organic compound (VOC) and nitrogen oxide (NOx) emissions from steelmaking operations. Upon adoption of the new rule, MCAQD will submit it as a revision to the Arizona State Implementation Plan. One Stakeholder workshop was conducted for both rules 326 and 338. Each rule requires their own motion to be carried out. Motion to approve the Initiation of Regulatory change for Rule 326 (Steelmaking Operations) AQ-2023-002 • Motioned – Dr. Baldauff • Second – Ms. Osborne • Motion passed unanimously Maricopa County • Air Quality Department • Report the the Board of Supervisors 41 of 101 5 C. AQ-2023-004 Rule 338 (Semiconductor Manufacturing) MCAQD is proposing to revise Rule 338 to implement RACT level controls that will regulate NOx emissions generated during the semiconductor manufacturing process. These controls are already incorporated in most air quality permits for semiconductor manufacturing facilities in Maricopa County. In addition, MCAQD will review the VOC controls in the rule and ensure the controls continue to implement RACT. Upon adoption of the revised rule, MCAQD will submit it as a revision to the Arizona State Implementation Plan. Motion to approve the Initiation of Regulatory change for Rule 338 (Semiconductor Manufacturing) AQ- 2023-004 • Motioned – Dr. Baldauff • Second – Ms. Osborne • Motion passed unanimously 9. Environmental Services Dept. – Swimming Pool Advisory Committee Update Gregory Epperson and Blanca Caballero Mr. Epperson provided the board with a brief update as it’s outlined in the Maricopa County’s Environmental Health Code, Chapter VI, Section 1, Regulation 13c.1(b). This is a discussion item, not an action item. Refer to MCESDs memo in the agenda. The Maricopa County Environmental Services Department (MCESD) consulted with the county’s counsel. The MCEHC requires SPAC members to be appointed by the Board of Health Chairperson (President) for a term of three (3) years. The SPAC consists of five members, who are residents of Maricopa County and citizens of the United States, and is composed of and consisting of a representative of the industries, trades, and professions as follows: 1. Swimming Pool Building Contractor 2. Swimming Pool Service and Repair Contractor or Swimming Pool Industry Member 3. Certified Safety Professional 4. Professional Engineer 5. Health Professional MCESD requests the Board of Health Chairperson’s approval to appoint new committee members to the Swimming Pool Industry Member, Certified Safety Professional, and Health Professional categories for three years. MCESD will be requesting the appointments by the Board of Health Chairperson (President) following this meeting via a memo with completed applications from the perspective members outlining their credentials and will request that President MacMillian appoint the new committee members to the Certified Safety Professional swimming pool, industry member and health professional categories for a term of three years as well as renew the terms of the swimming pool contractor for a term of one year and the professional engineer for a term of two years. Maricopa County • Air Quality Department • Report the the Board of Supervisors 42 of 101 6 Discussion Items 10. Public Health Report Marcy Flanagan A. Human Resources B. Communications C. Infrastructure D. Strategic Planning E. Programs F. Disease Update G. Health Status/Community Health Needs Assessment (CHNA) H. Heat Report I. Future Topic J. Covid Status Update K. C auris Serena Bailey Dr. Flanagan advised the board that she would be focusing on two updates Covid and C auris for Public Health that she intends to share with the board of Supervisors and Executive Session in a couple of weeks. Serena Bailey is one of the Public Health Epidemiologists who will talk about C auris in more detail. A presentation slide was provided of the National COVID-19 case count to date, discussing the peak that occurred in late 2021 and early 2022 (Omicron variant). Dr. Flanagan reminded the board of the three waves Maricopa County experienced over the last 3 years. Before there was a vaccine, then things closed, then masking, and businesses begin to open again. Since then, nationally we had the Omicron variant and the Bivalent variant. Maricopa County Community transmission level is being reported as low, the Emergency Public Health declaration goes away on May 11. Overall declaration, President Biden ended that about a month ago which is separate from Public Health’s declaration, we can expect changes with free access to testing, treatment, vaccines, and in reporting as a result. Updates will be on Public Health’s webpage, but the community transmission will no longer be showing, and no more up to date recommendations for vaccines. Public Health for information. Diseases-We-Track C auris Update Serena Bailey presented an update on C auris (Candida auris). The CDC reports that it is a deadly fungal infection spreading at an alarming rate on the skin that can cause an infection and illness. A graph was displayed displaying the risk factors for developing the clinical disease. Public Health is currently providing the community with prevention methods and education, by screening, colonization screening, and identifying patients that identify with this disease. Take home points were shared with the board which lead to a brief discussion. The disease is very difficult to treat and typically affects VERY sick people with many medical conditions. C. auris does not pose a significant public health threat to most people in the community. Maricopa County Public Health will continue to monitor the disease. Maricopa County • Air Quality Department • Report the the Board of Supervisors 43 of 101 7 Announcements and Current Events President/ Board Members Board of Health member, Vice President Scott Celley passed away on Feb. 22, 2023. Scott was diagnosed with a Neurological disorder in late December 2022. A memorial Service was held in March, flowers were sent on behalf of all. Mr. Celley was appointed by the Board of Supervisors in July 2019, serving almost 4 years on the Board of Health. Condolences were offered to his wife and family; his service on this board was much appreciated and he will certainly be missed. Maricopa County staff announcements • Jen Pokorski – County Manager (formerly Assistant County Manager) • Darcy Kober – Assistant County Manager (formerly Director of Environmental Services Dept.) • Blanca Caballero – Executive Director, Environmental Services Dept. (formerly Deputy Director) Adjournment President MacMillan There being no further business the meeting was adjourned at 4:47pm. • Ms. Baldauff made a motion to adjourn the meeting, • seconded by Mr. Cassano • The motion passed unanimously. Maricopa County • Air Quality Department • Report the the Board of Supervisors 44 of 101 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 at the Public Health Administration Department. (480) 281-8374. BOARD OF HEALTH MEETING AGENDA July 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). Members of the Board of Health will attend either 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 A. Roll Call Members Present: Debra Baldauff, Matthew Farber, Cynthia Hardy, Veronica Oros, Joanne Osborne, Lorenzo Sierra, Stefanie Schroder Absent members: Supervisor Bill Gates, Robert MacMillan, Mary Schraven A quorum of (6) members was confirmed. B. Call to the Public: There were no requests to speak. Action President Osborne 2. Approval of Minutes President Osborne asked the Board for a motion to approve the April 22, 2024 minutes. • Motion: Stefanie Schroder • Second: Cynthia Hardy Motion status: Approved unanimously Discuss/ Action President Osborne 3. Bylaws Request the Board of Health for a vote of support and concurrence to move the updated Bylaws to the Board of Supervisors (BOS) for approval President Osborne asked the Board for a motion to approve the current bylaws. • Motion: Stefanie Schroder • Second: Cynthia Hardy Motion status: Approved unanimously Discuss/ Action President Osborne 4. Acknowledgment of Officers Acknowledge the term of current officers through July 2025 Discuss/ Action President Osborne Return to list of attachments Maricopa County • Air Quality Department • Report the the Board of Supervisors 45 of 101 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 at the Public Health Administration Department. (480) 281-8374. President Osborne stated that herself, Joanne Osborne, will remain as President and Robert MacMillan will remain as Vice President until next voting session in July 2025. 5. Executive Committee Nominate a physician member as the 3rd member of the executive committee. President Osborne nominated Dr. Matthew Farber. Discuss/ Action President Osborne 6. Environmental Services Dept. Fee Waiver Applications Request the Board of Health approve fifteen (15) waiver applications This quarter, we reviewed fifteen (15) fee waiver applications. Of the applications reviewed, staff determined that all meet the criteria outlined in the Maricopa County Environmental Health Code. As a reminder, only an operator of a charitable nonprofit establishment which operates to provide relief predominantly for the poor, distressed, or underprivileged may apply to the Board of Health for a waiver of a permit fee. A waiver of a permit fee may be granted only to the operator of an establishment, which maintains a current 501(c)(3) tax-exempt designation from the Internal Revenue Service and who demonstrates to the Board of Health that payment of said fee will cause financial hardship. Applications for waivers of Temporary Food Establishment fees will be processed on a first come, first served basis in accordance with Chapter I, Regulation 5 a. of the Environmental Health Code. The Department shall only present a maximum of twenty-five (25) of such applications per event to the Board of Health. In addition, a waiver of fees associated with the administering and issuance of a food employee certificate (in compliance with A.R.S. § 41-1080) may be granted to the operator of an establishment which maintains a current 501(c)(3) tax-exempt designation from the Internal Revenue Service or to a current student enrolled in a K-12 culinary arts school program or similar curriculum-based program requiring food employee certificates. The organization or sponsoring school district must demonstrate to the Board of Health that payment of said fee will cause financial hardship. Again, all fee waiver applications reviewed this quarter appear to meet the criteria. Discuss/ Action Robert Stratman Maricopa County • Air Quality Department • Report the the Board of Supervisors 46 of 101 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 at the Public Health Administration Department. (480) 281-8374. I am happy to answer questions or if the Board has no questions, I respectfully request approval of the applications on the Fee Waiver Application Summary Sheet labeled P1 through P14 and C1. President Osborne asked the Board for a motion to approve the fee waiver applications. • Motion: Debra Bauldauff • Second: Stefanie Schroder Motion status: Approved unanimously 7. Air Quality Department A. Air Quality Overview President Osborne asked if Maricopa County looks at the health of the residents every 5 years. Philip McNeely responded that the EPA reviews data every 5 years at a national level, not city or county level. President Osborne asked what our smart devices are really telling us when we receive notifications regarding the air. Philip McNeely responded that the notifications are basically telling us April through September the ozone is being affected more and try to stay indoors as much as possible. October through March the notifications are regarding the PM (particle matter) 2.5 levels (smoke and soot). President Osborne asked if there is a new air pollutant standard is coming. Philip McNeely responded the EPA is currently re-evaluating the 2015 ozone standard and could lower it or keep it the same. President Osborne asked for clarification of the lack of submission of the SIP (State Implement Plan) regarding Ozone NAAQS because they couldn’t find a model that would move the needle. Philip McNeely responded that MAG did not submit the SIP because they have to conduct air modelling to show EPA that the region will meet the 70 ppb ozone standard at the monitors. Currently, their model does not show that so they did not submit the SIP. We need more scientific data from EPA to determine how to reduce the ozone concentrations. Discuss/ Action Philip McNeely Gregory Verkamp & Kimberly Butler Maricopa County • Air Quality Department • Report the the Board of Supervisors 47 of 101 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 at the Public Health Administration Department. (480) 281-8374. President Osborne asked if the chip manufacturing falls into any of the current rules being presented today. Philip McNeely responded that one of the rules being presented today was to reduce VOC and NOX at chip manufacturers. President Osborne asked if a lot of the new manufactures will have to keep in alignment with the new rules being presented today. Philip McNeely responded that yes but good news is RACT is only Reasonable Available Controlled Technology and Intel uses a higher standard. They have to comply with current standards. B. Approve expedited rulemaking process for the following rule: AQ-2024-008 Rule 203 (Emission Reduction Credit (ERC) General Requirements) The Maricopa County Air Quality Department (MCAQD) is proposing to create Rule 203 in an effort to consolidate general ERC requirements into one rule. In addition, MCAQD is proposing to include the application and certification provisions for ERCs created through traditional (permitted) sources in Rule 203. President Osborne asked the Board for a motion to approve Rule 203 (Emission Reduction Credit (ERC) General Requirements) • Motion: Dr. Matthew Farber • Second: Debra Bauldauff Motion status: Approved unanimously C. Make a recommendation to the Board of Supervisors to approve the creation of the following rule: AQ-2023-002 Rule 326 (Steelmaking Operations: Electric Arc Furnaces) MCAQD is proposing a new rule to implement reasonably available control technology (RACT) controls to limit the discharge of volatile Maricopa County • Air Quality Department • Report the the Board of Supervisors 48 of 101 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 at the Public Health Administration Department. (480) 281-8374. organic compound and nitrogen oxide emissions from steelmaking operations using electric arc furnaces. President Osborne asked the Board for a motion to approve Rule 326 (Steelmaking Operations: Electric Arc Furnaces) • Motion: Stefanie Schroder • Second: Cynthia Hardy Motion status: Approved unanimously D. Make a recommendation to the Board of Supervisors to approve the proposed revisions of the following rules: AQ-2022-004 Rule 330 (Volatile Organic Compounds) MCAQD is proposing to revise Rule 330 to clarify the applicability of the rule and update and restructure the rule. AQ-2023-003 Rule 331 (Solvent Cleaning) MCAQD is proposing to revise Rule 331 to remove a RACT deficiency identified by the U.S. Environmental Protection Agency so Rule 331 can be approved into the Arizona State Implementation Plan as meeting RACT. AQ-2023-004 Rule 338 (Semiconductor Manufacturing) MCAQD is proposing to revise Rule 338 to incorporate RACT controls for nitrogen oxide emissions generated during the semiconductor manufacturing process. In addition, MCAQD is proposing to revise some of the volatile organic compound controls in the rule to ensure the controls continue to implement RACT. President Osborne asked the Board for a motion to approve AQ- 2022-004, Rule 330 (Volatile Organic Compounds), AQ-2023-003 Maricopa County • Air Quality Department • Report the the Board of Supervisors 49 of 101 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 at the Public Health Administration Department. (480) 281-8374. Rule 331 (Solvent Cleaning), and AQ-2023-004 Rule 338 (Semiconductor Manufacturing). • Motion: Debra Bauldauff • Second: Stefanie Schroder Motion status: Approved unanimously 8. Public Health Updates A. 2024 Arizona Legislative Session Summary and Budget Overview Lorenzo Sierra asked what percentage of the overall funds are represented. Kellie MacDonald-Evoy responded that it’s approximately 1 billion Jeanene Fowler also responded that all cities and counties in the state sign the Want Arizona Agreement which determines how money can be used. Lorenzo Sierra requested website information on Opioid Settlement funds be sent to him. (An email with the link was sent to the Board Members on Tuesday, July 23, 2024.) B. Tobacco Update President Osborne asked when new data on the Arizona Youth Risk Behavior Survey will be released. Michael Wydra responded the information will be available September 2024. President Osborne asked for clarification of age to purchase cigarettes. Michael Wydra confirmed the age is 21. President Osborne asked if vapes are taxed same as cigarettes. Michael Wydra responded they are not, but the topic would have to go back to legislature in order to be included. President Osborne asked if there is anything Maricopa county can do to find more or better solutions for prevention and/or cessation. Michael Wydra responded to just keep working on getting the word out as much as possible. Discuss Jeanene Fowler Kellie MacDonald- Evoy Michael Wydra Maricopa County • Air Quality Department • Report the the Board of Supervisors 50 of 101 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 at the Public Health Administration Department. (480) 281-8374. President Osborne requested an agenda item be added to the next meeting to add an update from Tobacco after data is received in September 2024. 9. Adjournment: President Osborne asked for a motion to adjourn meeting. • Motion to adjourn: Mary Schraven • Second: Stefanie Schroder • The meeting adjourned at 5:02 pm Motion status: Approved unanimously Action President Osborne Maricopa County • Air Quality Department • Report the the Board of Supervisors 51 of 101 Copies of all written and electronic Stakeholder input Return to list of attachments Maricopa County • Air Quality Department • Report the the Board of Supervisors 52 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 53 of 101 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION Ill - CONTROL OF AIR CONTAMINANTS RULE 326: STEELMAKING OPERATIONS SECTION 100 - GENERAL 101 PURPOSE: To limit the discharge of volatile organic compounds (VOCs) and nitrogen oxideŲ (NOx) emissions into the atmosphere from steelmaking operations . .1.QL_APPLICABILITY: 4-04A----This rule applies to the following types of equipment and operations at a steelmaking source: 102.1 £,_Each electric arc furnace (EAF) used to melt scrap metal to produce molten steel. b. Each Ladle Metallurgy Station (LMS) used to maintain the steel's molten state and to further refine by adding raw materials into the steel. c. !Each combustion unit with a rated heat input greater than 10 million MM British thermal units er hour Btu/hr used in steelmakin o erations. 101.J Each ladle and refractory lined vessel used to maintain the steel's molten state and to further refine by injecting raw materials in the Ladle Metallurgy Station (LAųS). 101. 4 jEach dl)'er, pre heater, and furnace used in steelmaki ng operations. - Commented [A1]: CMC proposes this applicability threshold consistent with EPA guidance and de minimis/exemption thresholds in other jurisdictions. Comment 1. 1 101. 5 Binder usage associated with ladle and tundish refractory repair.I _______________________________ Commented [A2J: Per meeting with MCAQD on 06/07/2023, CMC suggests removal MCAQD Rule 326 -1-0-ho102.2 NSPS & NESHAP: In addition to this rule, facilities may be subject to New Source Performance Standards (NSPS) in Rule 360 and/or National Emission Standards for Hazardous Air Pollutants (NESHAP) in Rule 370 of these rules. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of these rules. In the event of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this rule take precedence. 201 [DIMD,R: A substance used to cure refractory lining in the ladles and tundishes to Draft Rule 326 3 Section 102. 3 and 102.4. Comment 1.2 Version #1 of draft Rule 326 provided by the commenter Return to version #1 responses Maricopa County • Air Quality Department • Report the the Board of Supervisors 54 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 55 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 56 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 57 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 58 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 59 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 60 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 61 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 62 of 101 Version #2 of draft Rule 326 provided by the commenter Return to version #2 responses Maricopa County • Air Quality Department • Report the the Board of Supervisors 63 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 64 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 65 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 66 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 67 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 68 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 69 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 70 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 71 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 72 of 101 Version #3 of draft Rule 326 provided by the commenter Return to version #3 responses Maricopa County • Air Quality Department • Report the the Board of Supervisors 73 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 74 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 75 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 76 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 77 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 78 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 79 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 80 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 81 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 82 of 101 Version #4 of draft Rule 326 provided by the commenter Return to version #4 responses Maricopa County • Air Quality Department • Report the the Board of Supervisors 83 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 84 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 85 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 86 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 87 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 88 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 89 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 90 of 101 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION Ill -- CONTROL OF AIR CONTAMINANTS RULE 326 ( STEELMAKING OPERATIONS: ELECTRIC ARC FURNACES) SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY 103 PARTIAL EXEMPTION SECTION 200 - DEFINITIONS 201 CANOPY HOOD 202 CAPTURE SYSTEM 203 COMBUSTION UNIT INDEX 204 DIRECT EVACUATION CONTROL (DEC) SYSTEM 205 ELECTRIC ARC FURNACE (EAF) 206 FUEL 207 LADLE METALLURGY STATION (LMS) 208 MELTSHOP 209 OPERATING DAY 210 SCRAP METAL 211 STEEL FOUNDRY OPERATIONS 212 STEELMAKING OPERATIONS 213 STEELMAKING SOURCE SECTION 300 - STANDARDS 301 LIMITATIONS 302 GOOD WORK PRACTICES FOR ELECTRIC ARC FURNACES AND LADLE METALLURGY STATIONS 303 GOOD COMBUSTION PRACTICES FOR COMBUSTION UNITS 304 SCRAP MANAGEMENT PLAN 305 CAPTURE SYSTEM Maricopa County• Air Quality Department• Planning and Analysis Division· Draft Rule 326 • February 2024 Maricopa County • Air Quality Department • Report the the Board of Supervisors 91 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 92 of 101 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION Ill - CONTROL OF AIR CONTAMINANTS RULE 326 ( STEELMAKING OPERATIONS: ELECTRIC ARC FURNACES) SECTION 100 - GENERAL 101 PURPOSE: To limit the discharge of volatile organic compound (VOC) and nitrogen oxide (NOx) emissions into the atmosphere from steelmaking operations using electric arc furnaces (EAF). 102 APPLICABILITY: This rule applies to the following equipment and operations at a steelmaking source: 102.1 Each EAF used to melt scrap metal to produce molten steel. 102.2 Each Ladle Metallurgy Station (LMS) used to maintain the steel's molten state and to further refine by adding raw materials into the steel. 102.3 Each combustion unit with a maximum design rated heat input capacity greater than 10 million British thermal units per hour (MM Btu/hr) used in steel making operations. 102.4 NSPS & NESHAP: In addition to this rule, facilities may be subject to New Source Performance Standards (NSPS) in Rule 360 and/or National Emission Standards for Hazardous Air Pollutants (NESHAP) in Rule 370 of the Maricopa County Air Pollution Control Regulations. 103 PARTIAL EXEMPTION: 103.1 voe Limitations: Section 301.1 of this rule does not apply to an owner or operator of a steelmaking operation if: a. Total voe emissions from steelmaking operations are less than 25 tons per year as determined on a 12-month rolling average, and b. The steelmaking operation is not considered a major source for VOCs. Any steelmaking operation that becomes subject to the voe limitation in§ 301.1 by exceeding the 25 ton per year threshold or becomes a major source for voes shall comply with the compliance schedule provisions in § 401. 103.2 NOx Limitations: Section 301.2 of this rule does not apply to an owner or operator of a steelmaking operation if: a. Total NOx emissions from steelmaking operations are less than 25 tons per year as determined on a 12-month rolling average, and b. The steelmaking operation is not considered a major source for NOx. Maricopa County • Air Quality Department • Planning and Analysis Division• Draft Rule 326 • February 2024 Return to version #5 responses Version #5 of draft Rule 326 provided by the commenter Maricopa County • Air Quality Department • Report the the Board of Supervisors 93 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 94 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 95 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 96 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 97 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 98 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 99 of 101 Maricopa County • Air Quality Department • Report the the Board of Supervisors 100 of 101 Maricopa County Air Quality Department Division Name Maricopa.gov/AQ