AQ-2024-006-RULE510 REPORTTOBOS.PDF
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Air Quality Department 301 W. Jefferson St., Suite 410 Phoenix, Arizona 85003 P: 602-506-6010 E: AQMail@maricopa.gov Executive Summary of the Report to the Board of Supervisors Prepared by Maricopa County Air Quality Department Board Hearing Date: November 6, 2024 Case Number/Title: AQ-2024-006-Rule 510 (Air Quality Standards) Agenda Item: (Pending) Supervisor Districts: All Districts The Maricopa County Air Quality Department (MCAQD) complied with all statutory and county policies throughout this rulemaking process. Per the Enhanced Regulatory Outreach Program (EROP) Policy: “In addition to the required staff report, an executive summary of the report including an overview of stakeholder input and staff responses will be provided to the Board of Supervisors at least one week prior to any Board of Supervisors’ public hearing.” Overview of the Report to the Board of Supervisors: On February 7, 2024, the U.S. Environmental Protection Agency (EPA) revised the primary annual PM2.5 National Ambient Air Quality Standard (PM2.5 NAAQS) from 12 micrograms per cubic meter (µg/m3) to 9.0 µg/m3. In response to the primary annual PM2.5 NAAQS revision, MCAQD is proposing to revise Rule 510 (Air Quality Standards) to incorporate the new standard of 9.0 µg/m3. The purpose of Rule 510 is to establish ambient air quality standards per § 110(a) of the Clean Air Act (CAA), which are necessary to protect human health and public welfare. The standards implemented in Rule 510 incorporate the NAAQS as codified in 40 CFR 50 “National Primary and Secondary Ambient Air Quality Standards”. States are required to submit an infrastructure state implementation plan (SIP) under Section 110(a) of the CAA that implements, maintains, and enforces new or revised NAAQS within three years of the EPA issuing the standard. Rule 510 supports the Maricopa County portion of Arizona’s infrastructure SIP. After the revised PM2.5 standard is incorporated into Rule 510, MCAQD will submit the rule as a revision to the Arizona SIP. Overview of Stakeholder Input and Staff Responses: No written comments were received regarding this rulemaking. Maricopa County Air Quality Department Planning and Analysis Division Report to the Board of Supervisors Rule 510 (Air Quality Standards) November 2024 Maricopa County • Air Quality Department • Planning and Analysis Division • November 2024 page 3 of 15 Board Hearing Date: November 6, 2024 Case Number/Title: AQ-2024-006-Rule 510 (Air Quality Standards) Agenda Item: (Pending) Supervisor Districts: All Districts Applicant: Staff Request: Approve the incorporation of the recently revised primary annual PM2.5 National Ambient Air Quality Standard (PM2.5 NAAQS) into Rule 510 (Air Quality Standards) and approve submission of the revised rule as a revision to the Arizona State Implementation Plan (SIP). On February 7, 2024, the U.S. Environmental Protection Agency (EPA) revised the primary annual PM2.5 NAAQS from 12 micrograms per cubic meter (µg/m3) to 9.0 µg/m3. In response to the primary annual PM2.5 NAAQS revision, MCAQD is proposing to revise Rule 510 to incorporate the new standard of 9.0 µg/m3. The purpose of Rule 510 is to establish ambient air quality standards per § 110(a) of the Clean Air Act (CAA), which are necessary to protect human health and public welfare. The standards implemented in Rule 510 incorporate the NAAQS as codified in 40 CFR 50 “National Primary and Secondary Ambient Air Quality Standards”. States are required to submit an infrastructure SIP under Section 110(a) of the CAA that implements, maintains, and enforces new or revised NAAQS within three years of the EPA issuing the standard. Rule 510 supports the Maricopa County portion of Arizona’s infrastructure SIP. After the revised PM2.5 standard is incorporated into Rule 510, MCAQD will submit the rule as a revision to the Arizona SIP. Support/Opposition: No written comments were received regarding this rulemaking. Staff Recommendation: Approve Board of Health Recommendation: This regulatory change is following the Enhanced Regulatory Outreach Program (EROP) Policy as an Incorporation by Reference rulemaking. As such, it was not required to be reviewed by the Board of Health. Maricopa County • Air Quality Department • Planning and Analysis Division • November 2024 page 4 of 15 Additional Comments: The Maricopa County Manager was briefed on this rulemaking on June 13, 2024. A Notice of Expedited Rulemaking was posted to EROP on July 24, 2024. A newspaper notice of the Board of Supervisors public hearing will be published in the Arizona Business Gazette on September 26, 2024, and on October 3, 2024. This regulatory change will take effect immediately upon approval by the Board of Supervisors. Presented By: Philip A. McNeely, R.G., Director Prepared By: Planning and Analysis Division Attachments: Preamble required by Arizona Revised Statutes (A.R.S.) § 49-471.08 (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) Copies of all written and electronic Stakeholder input (no comments were received for this rulemaking) Maricopa County Air Quality Department Planning and Analysis Division Draft Notice of Final Rulemaking Rule 510 (Air Quality Standards) November 2024 Maricopa County • Air Quality Department • Planning and Analysis Division • November 2024 page 6 of 15 Draft Notice of Final Rulemaking Maricopa County Air Pollution Control Regulations Regulation V – Air Quality Standards and Area Classification Rule 510 (Air Quality Standards) The Maricopa County Air Quality Department (MCAQD) is proposing to incorporate the recently revised primary annual PM2.5 National Ambient Air Quality Standard (PM2.5 NAAQS) into Rule 510 (Air Quality Standards). 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 contains a preamble as prescribed in the Arizona Revised Statutes (A.R.S.) § 49-471.05, the written findings required by A.R.S. § 49-471.08.A.2, and the full text of the rule, including the intended action to amend sections of the rule. This notice also includes a list of all previous notices posted on the Maricopa County EROP website addressing the proposed rule and the concise explanatory statement prescribed in A.R.S. § 49-471.07(B). Preamble 1. Statutory authority for the rulemaking (A.R.S. § 49-471.05(1)): A.R.S. §§ 49-112, 49-471.08, 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: Hannah Luke or Kimberly Butler Maricopa County Air Quality Department Planning and Analysis Division Address: 301 W. Jefferson St., Suite 410 Phoenix, AZ 85003 Telephone: 602-506-6010 Fax: 602-506-6179 Email: AQPlanning@maricopa.gov Online: Submit a Comment 3. Rulemaking process (A.R.S. § 49-471.05(3)): This rulemaking is following the rulemaking requirements pursuant to A.R.S. § 49- 471.08 and the Maricopa County EROP Policy, incorporation by reference process. Return to list of attachments Maricopa County • Air Quality Department • Planning and Analysis Division • November 2024 page 7 of 15 County Manager Briefing: June 13, 2024 Notice of Expedited Rulemaking: July 24, 2024 Board of Supervisors Formal Meeting to Set the Public Hearing: September 25, 2024 Board of Supervisors Public Hearing: November 6, 2024 4. Explanation of the rule, including the control officer's reasons for initiating the rulemaking (A.R.S. § 49-471.05(4)): On February 7, 2024, the U.S. Environmental Protection Agency (EPA) revised the primary annual PM2.5 NAAQS from 12 micrograms per cubic meter (µg/m3) to 9.0 µg/m3. In response to the primary annual PM2.5 NAAQS revision, MCAQD is proposing to revise Rule 510 (Air Quality Standards) to incorporate the new standard of 9.0 µg/m3. The purpose of Rule 510 is to establish ambient air quality standards per § 110(a) of the Clean Air Act (CAA), which are necessary to protect human health and public welfare. The standards implemented in Rule 510 incorporate the NAAQS as codified in 40 CFR 50 “National Primary and Secondary Ambient Air Quality Standards”. States are required to submit an infrastructure state implementation plan (SIP) under Section 110(a) of the CAA that implements, maintains, and enforces new or revised NAAQS within three years of the EPA issuing the standard. Rule 510 supports the Maricopa County portion of Arizona’s infrastructure SIP. After the revised PM2.5 standard is incorporated into Rule 510, MCAQD will submit the rule 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)). MCAQD did not conduct or review any studies related to this expedited rulemaking action. Any study, data, analysis, or other review of supporting material occurred during the development of the federal standard is noted in the federal register notices. 6. An economic, small business and consumer impact statement (A.R.S. § 49- 471.05(6)): MCAQD is not required to prepare an economic, small business, and consumer impact statement for an expedited rulemaking pursuant to A.R.S. § 41-1055(D)(2). 7. The proposed effective date of the rule (A.R.S. § 49-471.05(7)): The proposed effective date of this rulemaking is November 6, 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)): Return to list of attachments Maricopa County • Air Quality Department • Planning and Analysis Division • November 2024 page 8 of 15 A.R.S. § 49-471.08(A)(2): Written finding by the Control Officer setting forth the reasons why the rule or ordinance making is necessary and does not alter the sense, meaning, or effect of the federal or state rule or law from which it is derived. This rulemaking is required as part of the State’s duty to submit an infrastructure SIP under Section 110(a) of the CAA that implements, maintains, and enforces new or revised NAAQS within three years of the EPA issuing the standard. Rule 510 supports the Maricopa County portion of Arizona’s infrastructure SIP. 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: Briefing Notification to County Manager: July 22, 2024 Notice of Expedited Rulemaking: July 24, 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): No changes to the rule were made after the Notice of Expedited Rulemaking was posted on July 24, 2024. MCAQD did not receive any written comments from stakeholders. Exact Wording of the Rule MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION V – AIR QUALITY STANDARDS AND AREA CLASSIFICATION RULE 510 (AIR QUALITY STANDARDS) INDEX SECTION 100 – GENERAL 101 PURPOSE Return to list of attachments Return to list of attachments Maricopa County • Air Quality Department • Planning and Analysis Division • November 2024 page 9 of 15 102 AVAILABILITY OF INFORMATION SECTION 200 – DEFINITIONS 201 PRIMARY AMBIENT AIR QUALITY STANDARDS 202 SECONDARY AMBIENT AIR QUALITY STANDARDS SECTION 300 – STANDARDS 301 PARTICULATE MATTER - 2.5 MICRONS OR LESS (PM2.5) 302 PARTICULATE MATTER - 10 MICRONS OR LESS (PM10) 303 SULFUR OXIDES (SULFUR DIOXIDE) 304 OZONE 305 CARBON MONOXIDE 306 NITROGEN OXIDES (NITROGEN DIOXIDE) 307 LEAD 308 POLLUTANT CONCENTRATION DETERMINATIONS 309 ADDITIONAL REQUIREMENTS 310 INCORPORATIONS BY REFERENCE SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 REPORTING OF AMBIENT AIR QUALITY MONITORING DATA SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) Maricopa County • Air Quality Department • Planning and Analysis Division • November 2024 page 10 of 15 Revised 07/13/1988; Revised 11/01/2006; Revised 02/03/2016; Revised 12/11/2019; and Revised MM/DD/YYYY MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION V – AIR QUALITY STANDARDS AND AREA CLASSIFICATION RULE 510 (AIR QUALITY STANDARDS) SECTION 100 – GENERAL 101 PURPOSE: To establish ambient air quality standards which are necessary to protect human health and public welfare. 102 AVAILABILITY OF INFORMATION: Copies of materials referenced in Sections 310, 401.1, and 401.2 of this rule are available electronically at www.ecfr.gov; or at the Maricopa County Air Quality Department. 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 PRIMARY AMBIENT AIR QUALITY STANDARDS: The ambient air quality standards which define levels of air quality necessary, with an adequate margin of safety, to protect the public health, as determined by the Arizona Department of Environmental Quality and United States Environmental Protection Agency, and specified in this rule. 202 SECONDARY AMBIENT AIR QUALITY STANDARDS: The ambient air quality standards which define levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant, as determined by the Arizona Department of Environmental Quality and United States Environmental Protection Agency, and specified in this rule. SECTION 300 – STANDARDS: The following are established as the primary and secondary ambient air quality standards for Maricopa County: 301 PARTICULATE MATTER - 2.5 MICRONS OR LESS (PM2.5): 301.1 Primary Ambient Air Quality Standards for PM2.5: The primary ambient air quality standards for PM2.5 shall be 12.0 9.0 micrograms per cubic meter (µg/m3) annual arithmetic mean concentration and 35 µg/m3 24-hour average concentration. The primary annual PM2.5 standard shall be considered attained when the annual arithmetic mean concentration, as determined in accordance Maricopa County • Air Quality Department • Planning and Analysis Division • November 2024 page 11 of 15 with 40 CFR 50, Appendix N, is less than or equal to 12.0 9.0 µg/m3. The primary 24-hour PM2.5 standard shall be considered attained when the 98th percentile 24- hour concentration, as determined in accordance with 40 CFR 50, Appendix N, is less than or equal to 35 µg/m3. 301.2 Secondary Ambient Air Quality Standards for PM2.5: The secondary ambient air quality standard for PM2.5 shall be 15.0 µg/m3 annual arithmetic mean concentration and 35 µg/m3 24-hour average concentration. The secondary annual standard shall be considered attained when the annual arithmetic mean concentration, as determined in accordance with 40 CFR 50, Appendix N, is less than or equal to 15.0 µg/m3. The secondary 24-hour PM2.5 standard shall be considered attained when the 98th percentile 24-hour concentration, as determined in accordance with 40 CFR 50, Appendix N, is less than or equal to 35 µg/m3. 302 PARTICULATE MATTER - 10 MICRONS OR LESS (PM10): Primary and Secondary Ambient Air Quality Standard for PM10: The primary and secondary ambient air quality standards for PM10 shall be 150 µg/m3 24-hour average concentration. The standards shall be considered attained when the expected number of days per calendar year with a 24-hour average concentration above 150 µg/m3, as determined in accordance with 40 CFR 50, Appendix K, is less than or equal to one. 303 SULFUR OXIDES (SULFUR DIOXIDE): 303.1 Primary Ambient Air Quality Standards for Sulfur Oxides: The primary ambient air quality standard for sulfur oxides (measured as sulfur dioxide) shall be 75 parts per billion (ppb) 1-hour average concentration. The standard shall be considered attained when the three-year average of the annual 99th percentile of the daily maximum 1-hour average concentrations is less than or equal to 75 ppb, as determined in accordance with 40 CFR 50, Appendix T. 303.2 Secondary Ambient Air Quality Standard for Sulfur Oxides: The secondary ambient air quality standard for sulfur oxides (measured as sulfur dioxide) shall be 0.5 ppm (1300 g/m3) 3-hour average. The standard shall be considered attained when the second-highest valid 3-hour average concentration, as determined in accordance with 40 CFR 50.5, is less than 0.5 ppm. 304 OZONE: Primary and Secondary Ambient Air Quality Standards for Ozone Eight-hour Average Concentration: The primary and secondary ambient air quality standards for ozone shall be 0.070 ppm, daily maximum 8-hour average. The standards shall be considered attained at an ambient air quality monitoring site when the three-year average of the annual fourth-highest daily maximum eight-hour average ozone concentration, as determined in accordance with 40 CFR 50, Appendix U, is less than or equal to 0.070 ppm. 305 CARBON MONOXIDE: Maricopa County • Air Quality Department • Planning and Analysis Division • November 2024 page 12 of 15 305.1 Primary Ambient Air Quality Standards for Carbon Monoxide: The primary ambient air quality standards for carbon monoxide shall be: a. One-hour Average Concentration: 35 ppm (40 mg/m3). This maximum one- hour average concentration, as determined in accordance with 40 CFR 50.8, shall not be exceeded more than once per year at any one location. b. Eight-hour Average Concentration: 9 ppm (10 mg/m3). This maximum eight- hour average concentration, as determined in accordance with 40 CFR 50.8, shall not be exceeded more than once per year at any one location. 306 NITROGEN OXIDES (NITROGEN DIOXIDE): 306.1 Primary Ambient Air Quality Standards for Nitrogen Oxides: The primary ambient air quality standards for oxides of nitrogen, measured in the ambient air as nitrogen dioxide, are: a. Annual Average Concentration: 53 ppb. The annual primary standard is met when the annual average concentration in a calendar year is less than or equal to 53 ppb, as determined in accordance with 40 CFR 50, Appendix S. b. One Hour Average Concentration: 100 ppb. The one-hour primary standard is met when the three-year average of the annual 98th percentile of the daily maximum one-hour average concentration is less than or equal to 100 ppb, as determined in accordance with 40 CFR 50, Appendix S. 306.2 Secondary Ambient Air Quality Standards for Nitrogen Oxides: The secondary ambient air quality standard for oxides of nitrogen, measured as nitrogen dioxide, is 0.053 parts per million (ppm) (100 µg/m3), annual arithmetic mean. The standard shall be considered attained when the annual arithmetic mean concentration in a calendar year, as determined in accordance with 40 CFR 50.11, is less than or equal to 0.053 ppm 307 LEAD: Primary and Secondary Ambient Air Quality Standards for Lead: The primary and secondary ambient air quality standards for lead and its compounds shall be 0.15 µg/m3. The standards shall be considered attained when the maximum arithmetic three- month mean concentration for a 3-year period, as determined in accordance with 40 CFR 50, Appendix R, is less than or equal to 0.15 µg/m3. 308 POLLUTANT CONCENTRATION DETERMINATIONS: Pollutant concentrations shall be measured by the following methods: 308.1 Reference Methods: a. The concentration of PM2.5 in the ambient air shall be measured by a reference method based on 40 CFR 50, Appendix L. b. The concentration of PM10 in the ambient air shall be measured by a reference method based on 40 CFR 50, Appendix J. Maricopa County • Air Quality Department • Planning and Analysis Division • November 2024 page 13 of 15 c. The concentration of sulfur oxides (measured as sulfur dioxide) in the ambient air shall be measured by a reference method based on 40 CFR 50, Appendix A-1 or A-2. d. The concentration of ozone in the ambient air shall be measured in accordance with 40 CFR 50, Appendix D. e. The concentration of carbon monoxide in the ambient air shall be measured in accordance with 40 CFR 50, Appendix C. f. The concentration of nitrogen dioxide in the ambient air shall be measured in accordance with 40 CFR 50, Appendix F. g. The concentration of lead in the ambient air shall be measured in accordance with 40 CFR 50, Appendix G. 308.2 Equivalent Methods and Approved Regional Methods: Pollutant concentrations may also be measured by: a. An equivalent method designated by the Administrator in accordance with 40 CFR 53; or b. An approved regional method of measurement that, though not designated as a reference or equivalent method, has been approved for use by the Administrator acting pursuant to 40 CFR 58, Appendix C. Such method shall be subject to any restrictions placed on its use by the Administrator. 308.3 Method Withdrawal: The cancellation or supersession of designation of a reference or equivalent method by the Administrator acting pursuant to 40 CFR 53.11 or 53.16 shall also amount to a withdrawal of the authorization for use of that method for purposes of this rule. 309 ADDITIONAL REQUIREMENTS: 309.1 Quality assurance, monitor siting, and sample probe installation procedures shall be in accordance with the procedures described in the Appendices to 40 CFR 58. 309.2 Unless otherwise specified, interpretation of all ambient air quality standards contained in this rule shall be in accordance with 40 CFR 50. 309.3 The evaluation of air quality data in terms of procedure, methodology, and concept is to be consistent with methods described in 40 CFR 50. 310 INCORPORATIONS BY REFERENCE: The CFR references listed below are incorporated by reference in Appendix G of these rules: 310.1 40 CFR 50 – National Primary and Secondary Ambient Air Quality Standards; 310.2 40 CFR 53 – Ambient Air Monitoring Reference and Equivalent Methods; and Maricopa County • Air Quality Department • Planning and Analysis Division • November 2024 page 14 of 15 310.3 40 CFR 58 – Ambient Air Quality Surveillance. SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 REPORTING OF AMBIENT AIR QUALITY MONITORING DATA: 401.1 Annual Air Quality Monitoring Network Plan: The Control Officer shall submit to the Administrator an annual monitoring network plan that at a minimum meets the requirements of 40 CFR 58.10. The annual report will be made available to the public at the Maricopa County Air Quality Department at least 30 days prior to submission to the Administrator. 401.2 Daily Air Quality Index (AQI) Report: The Control Officer shall report to the public on a daily basis an AQI that at a minimum meets the requirements of 40 CFR 58.50 and 40 CFR 58, Appendix G. The AQI will also be made available to the public at the Maricopa County Air Quality Department. SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) Maricopa County Air Quality Department Planning and Analysis Division Maricopa.gov/AQ