RULE 32.G AND 32.J-EROPNOTICEREPORTTOBOS-DRAFTSIPSUBMITTAL-NOVEMBER-2023.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: Rescission and Replacement of Paragraph G and Paragraph J of Rule 32 (Odors and Gaseous Emissions) Date/Time: Wednesday, November 1, 2023, 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 a proposed revision to the Arizona State Implementation Plan (SIP). The Maricopa County Air Quality Department (MCAQD) is proposing to rescind Paragraphs G and J of Rule 32 (Odors of Gaseous Emission) from the Arizona SIP and to replace the paragraphs with Sections 306 and 307 of Rule 320 (Odors and Gaseous Air Contaminants). This action is part of a larger SIP recodification project that was initiated in 2017 to rescind and replace the Maricopa County Air Quality Department’s (MCAQD) outdated two-digit SIP approved rules with current three-digit rules to update the SIP. You may comment on the proposed SIP revision using the Enhanced Regulatory Outreach Program (EROP) online comment form. The Board of Supervisors meeting will be held in-person and have an option to attend virtually. If you wish to participate virtually, please check the Board of Supervisors’ website at least 24 hours before the date of the public hearing for directions for remote access. For more information regarding this SIP revision, 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 revision 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 Air Quality Department 301 W. Jefferson St., Suite 410 Phoenix, Arizona 85003 P: 602-506-6010 E: AQMail@maricopa.gov addition, copies of the Report to the Board of Supervisors and the SIP revision 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. Maricopa County Air Quality Department Planning and Analysis Division Report to the Board of Supervisors RESCISSION AND REPLACEMENT OF PARAGRAPH G AND PARAGRAPH J OF RULE 32 (ODORS AND GASEOUS EMISSIONS) November 2023 Board Hearing Date: Case Number/Title: Agenda Item: Supervisor Districts: Applicant: Request: Staff Recommendation: Board of Health Recommendation: Additional Comments: Presented By: Prepared By: Attachments: November 1, 2023 Rescission and Replacement of Paragraph G and Paragraph J of Rule 32 in the Arizona State Implementation Plan (SIP) (Pending) All Districts Staff Approve the proposed rescission of Paragraph G (Other Industries) and Paragraph J (Operating Requirements for an Asphalt Kettle) of Rule 32 (Odors and Gaseous Emissions) from the Arizona SIP and approve submission of Sections 306 (Limitation – Sulfur from Other Industries) and 307 (Operating Requirements – Asphalt Kettles and Dip Tanks) of Rule 320 (Odors and Gaseous Air Contaminants) into the Arizona SIP. This action is part of a larger SIP recodification project that was initiated in 2017 to rescind and replace the Maricopa County Air Quality Department’s (MCAQD) outdated two-digit SIP approved rules with current three-digit rules to update the SIP. The United States Environmental Protection Agency advised MCAQD to submit Sections 306 and 307 of Rule 320 to replace the outdated two-digit rules 32.G and 32.J. The provisions of Section 306 and Section 307 are at least as stringent as the outdated SIP approved rules. Approve As no changes to Rule 320 were proposed the rule was not presented to the Board of Health. A newspaper notice of the Board of Supervisors public hearing will be published in the Arizona Business Gazette on September 28, 2023 and October 5, 2023. The draft SIP submittal is attached to this report. Philip A. McNeely, R.G., Director Planning and Analysis Division Draft SIP submittal Maricopa County Air Quality Department Division Name Maricopa.gov/AQ Maricopa County Air Quality Department Planning and Analysis Division REVISION TO ARIZONA’S STATE IMPLEMENTATION PLAN (SIP) RESCISSION AND REPLACEMENT OF PARAGRAPH G AND PARAGRAPH J OF RULE 32 (ODORS AND GASEOUS EMISSIONS) November 2023 DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 2 Table of Contents Section 1: Introduction ...................................................................................................... 3 1.1 Purpose: ................................................................................................................... 3 1.2 Regulatory Background: ............................................................................................ 3 Section 2: Completeness Criteria ....................................................................................... 4 2.1 Administrative Materials: .......................................................................................... 4 2.2 Technical Support: .................................................................................................... 8 Appendix 1: Notice of Board of Supervisors’ Public Hearing and Affidavit of Publication for Adoption of Sections 306 and 307 of Rule 320 ..................................................................11 Appendix 2: Board of Supervisors’ Approval for Adoption of Sections 306 and 307 of Rule 320 ..................................................................................................................................12 Appendix 3: Affidavit of Publication for Notice of Final Rulemaking for Adoption of Sections 306 and 307 of Rule 320 ...................................................................................................13 Appendix 4: Relevant Arizona Revised Statutes .................................................................14 Appendix 5: Strikethroughs of Paragraphs G and J of Rule 32 ............................................15 Appendix 6: Clean Version of Rule 32 After Rescission of Paragraphs G and J ...................16 Appendix 7: Strikethroughs of all Sections in Rule 320 except for Sections 306 and 307 ....17 Appendix 8: Clean Version of Sections 306 and 307 for Incorporation into SIP ...................20 Appendix 9: Notice of Board of Supervisors’ Public Hearing and Affidavit of Publication for Rescission and Replacement of Paragraphs G and J of Rule 32 in the Arizona SIP ..............21 Appendix 10: Board of Supervisors’ Approval for Rescission and Replacement of Paragraphs G and J of Rule 32 in the Arizona SIP ................................................................................22 DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 3 Section 1: Introduction 1.1 Purpose: The Maricopa County Air Quality Department (MCAQD) is requesting that the U.S. Environmental Protection Agency (EPA) rescind (remove) from the Arizona SIP Rule 32 (Odors of Gaseous Emission), Paragraph G (Other Industries) and Paragraph J (Operating Requirements for an Asphalt Kettle) and approve into the Arizona SIP Rule 320 (Odors and Gaseous Air Contaminants), Section 306 (Limitation – Sulfur from Other Industries) and Section 307 (Operating Requirements – Asphalt Kettles and Dip Tanks). Sections 306 and 307 of Rule 320 will replace the existing approved SIP Rules 32.G and 32.J with requirements that are either as stringent as or more stringent than the existing approved SIP rules. This action is related to the September 2017 SIP submittal titled “Revisions to the Arizona’s State Implementation Plan” which requested the withdrawal and replacement of MCAQD’s two-digit SIP approved rules with current three-digit rules to update the SIP. This submittal supersedes the 2017 SIP submittal regarding the request to rescind Rules 32.G and 32.J without replacement. 1.2 Regulatory Background: SIP Rule 32, Paragraph G Rule 32.G was adopted on October 1, 1975 and approved by the EPA for incorporation into the Arizona SIP on April 12, 1982 (47 FR 15579). The purpose of Rule 32.G is to prohibit a person from emitting into the atmosphere reduced sulfur in excess of 10% of the sulfur entering a process as feed. Because this provision may reduce emissions for sulfur dioxide, it can only be rescinded if it is replaced by a provision that ensures equivalent or greater emission reductions of reduced sulfur. Rule 320, Section 306 Rule 320 was originally adopted by the Maricopa County Board of Supervisors on July 13, 1988 and was revised one time thereafter on July 2, 2003. Rule 320 § 306 mirrors the language in Rule 32.G making it as stringent as Rule 32.G. Therefore, Rule 32.G can be replaced by Rule 320 § 306 to update the Arizona SIP. DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 4 SIP Rule 32, Paragraph J Rule 32.J was adopted on June 23, 1980 and approved by the EPA for incorporation into the Arizona SIP on April 12, 1982 (47 FR 15579). The purpose of Rule 32.J is to establish operational requirements primarily to reduce the potential for nuisance odors from asphalt kettles and dip tanks through the use of “good modern practices”. These practices include maintaining temperatures below both the asphalt flash point and the maximum temperature recommended by the asphalt manufacturer through the use of automatic temperature controls, operating with lids closed except when charging, using a clean burning fuel, and maintaining the kettle or dip tank in clean, properly adjusted and good operating condition. Rule 320, Section 307 Rule 320 was originally adopted by the Maricopa County Board of Supervisors on July 13, 1988 and was revised one time thereafter on July 2, 2003. Rule 320 § 307 mirrors SIP Rule 32.J and has an additional provision that requires a person to comply with the visible emission and opacity standards prescribed in SIP Rule 300 (75 FR 44141, July 28, 2021). Therefore, Section 307 is more stringent than SIP Rule 32.J. and is an adequate replacement to update the Arizona SIP. As part of the 2017 SIP Recodification Project, the MCAQD submitted a request to the EPA to rescind Rules 32.G and 32.J from the SIP without replacement. The EPA identified approvability issues with that request and advised the MCAQD to submit Sections 306 and 307 of Rule 320 to replace the outdated two-digit rules. The provisions of Section 306 and Section 307 are at least as stringent as the outdated SIP approved rules, thus MCAQD is submitting Sections 306 and 307 of Rule 320 as a revision to the Arizona SIP to replace Rules 32.G and 32.J. Section 2: Completeness Criteria 2.1 Administrative Materials: 2.1(a) A formal letter of submittal from the MCAQD Director or designee, requesting the EPA approval of the SIP revision. See SIP submission cover letter from Philip A. McNeely, Director of MCAQD, included above. 2.1(b) Evidence that MCAQD has adopted the SIP revision in the State code or body of regulations; or issued the permit, order, consent agreement in final form. The Maricopa County Board of Supervisors adopted Sections 306 and 307 as part of revisions to Rule 320 on July 2, 2003. See Appendix 2 of this document. DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 5 The Maricopa County Board of Supervisors approved the rescission and replacement of Rules 32.G and 32.J with Sections 306 and 307 of Rule 320 on [insert date]. See Appendix 10 of this document. 2.1(c) Evidence that MCAQD has the necessary legal authority under State law to adopt and implement the SIP revision. Arizona Revised Statutes (A.R.S.) §§ 49-112, 49-471.09, 49-474, and 49-479 authorize MCAQD to submit rule revisions for approval in the SIP. See Appendix 4 of this document. 2.1(d) A copy of the actual regulations, or documents submitted for approval and incorporation by reference into the plan, including indication of the changes made to the existing approved plan, where applicable. See Appendix 5 for the changes made to the existing approved plan showing strikethroughs for all of Paragraph G and all of Paragraph J of Rule 32. See Appendix 6 which shows Rule 32 after Paragraphs G and J have been rescinded. Paragraphs H and K will be the only two paragraphs that remain in Rule 32. See Appendix 7 which includes Rule 320 showing all sections stricken except for Sections 306 and 307. All other sections are stricken so as to not be part of this SIP revision request. See Appendix 8 which includes only Sections 306 and 307 of Rule 320 to be incorporated into the SIP. 2.1(e) Evidence that MCAQD followed all of the procedural requirements of the State’s laws and constitution in conducting and completing the adoption/issuance of the plan. MCAQD completed all procedural requirements for obtaining approval to adopt the revisions of Sections 306 and 307 of Rule 320 as described in items (1) through (6) below. MCAQD completed all procedural requirements for obtaining approval for the rescission of Paragraphs G and J of Rule 32 from the SIP and submission of Sections 306 and 307 of Rule 320 into the SIP as described in items (7) through (8) below. The publications cited in items (1) through (6) included other rulemakings in addition to Rule 320. For this SIP submittal request, only the rulemaking actions regarding Rule 320 are relevant. The DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 6 additional information regarding Rules 280, 311, 322, and 323 is outdated and not associated with this SIP submittal request. (1) Published a Notice of Rulemaking Docket Opening in the Arizona Administrative Register (A.A.R.): Volume #8 A.A.R. Issue#39, September 27, 2002 (2) Published a Notice of Proposed Rulemaking in the A.A.R.: Volume #8 A.A.R. Issue # 45, November 8, 2002 (3) Published a Notice of Board of Supervisors Public Hearing and Newspaper Affidavit dated June 4, 2003 to provide the public at least 30 days to comment on the proposed changes to Rule 320 (See Appendix 1) (4) Certified Minutes of Board of Supervisors Public Hearing Approving Adoption of Proposed Revisions to Rule 320 dated July 2, 2003 (See Appendix 2) (5) Newspaper Affidavit for Notice of Final Rulemaking dated July 17, 2003 (See Appendix 3) and (6) Published a Notice of Final Rulemaking in A.A.R.: Volume #9, A.A.R. Issue #31, August 1, 2003 (7) Published a Notice of Board of Supervisors Public Hearing and Newspaper Affidavit dated [insert date] to provide the public at least 30 days to comment on the SIP revision submission (See Appendix 9) (8) Certified Minutes of Board of Supervisors Public Hearing Approving the SIP revision submission dated [insert date] (See Appendix 10) 2.1(f) Evidence that public notice was given of the proposed change consistent with procedures approved by the EPA, including the date of publication of such notice. See 2.1(e)(2) and Appendix 1 for evidence that MCAQD gave public notice of the proposed regulatory change, including the date of publication of such notice for Rule 320. See Appendix 9 for evidence that MCAQD gave public notice of the SIP revision submission including the date of publication of such notice. 2.1(g) Certification that public hearing(s) were held in accordance with the information provided in the public notice and the State’s laws DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 7 and constitution, if applicable and consistent with the public hearing requirements in 40 CFR 51.102. See Appendices 1 and 2 for certification that a public hearing was properly held for Sections 306 and 307 of Rule 320. See Appendices 9 and 10 for certification that a public hearing was properly held for the SIP revision submission. 2.1(h) Compilation of public comments and MCAQD’s response. There were no written comments from stakeholders regarding the amendments to Rule 320 at the time of the rulemaking; therefore, no public comments were received regarding Sections 306 or 307. See 2.1(e)(6) for the Notice of Final Rulemaking, page 3393. This notice included separate and unrelated rulemaking actions for Rules 280, 311, 322, and 323 and had no bearing on the rulemaking actions for Rule 320. Any comments received during the public comment period or during the public hearing regarding the SIP revision submittal will be provided. DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 8 2.2 Technical Support: 2.2(a) Identification of all regulated pollutant(s) affected by the plan. The regulated pollutants affected by this plan are sulfur dioxide (Section 306) and volatile organic compounds, nitrogen oxides, and carbon monoxides (Section 307). 2.2(b) Identification of the locations of affected sources including the EPA attainment/nonattainment designation of the locations and the status of the attainment plan for the affected area(s). Sections 306 and 307 of Rule 320 are applicable to all areas and sources of reduced sulfur emission from any industry using sulfur as process feed, asphalt kettles, or dip tanks under the MCAQD’s jurisdiction. EPA attainment/nonattainment designations for all or parts of Maricopa County are: 1987 PM10 Standard: Serious Nonattainment (June 10, 1996) 2008 Ozone Standard: Moderate Nonattainment (May 4, 2016) 2015 Ozone Standard: Moderate Nonattainment (November 7, 2022) 1971 Carbon Monoxide Standard: 2008 Lead Standard: Attainment (April 8, 2005) Unclassified/Attainment (December 31, 2011) 2010 Nitrogen Oxides Standard: Unclassified/Attainment (January 31, 2012) 2010 Sulfur Dioxide Standard: Unclassified/Attainment (April 19, 2018) 2012 PM2.5 Standard: Unclassified/Attainment (April 15, 2015) The status of attainment plans for Maricopa County are: 2012 Five Percent Plan: Approved (June 10, 2014) 2017 MAG Ozone Moderate Plan: Approved (July 2, 2020) 2.2(c) Quantification of the changes in plan allowable emissions from the affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the differences between certain DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 9 baseline levels and allowable emissions anticipated as a result of the revision. The provisions in Section 306 and 307 of Rule 320 mirror what is already in SIP Rule 32.G and Rule 32.J and, therefore will not result in any changes to allowable or actual emissions from existing sources. 2.2(d) MCAQD’s demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented. The provisions in Section 306 and 307 of Rule 320 mirror what is already in SIP Rule 32.G and Rule 32.J and therefore, continue to protect national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable. 2.2(e) Modeling information required to support the proposed revision, including input data, output data, models used, justification of model selections, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysis. Not applicable. 2.2(f) Evidence, where necessary, that emission limitations are based on continuous emission reduction technology. Not applicable. 2.2(g) Evidence that the plan contains emission limitations, work practice standards and recordkeeping/reporting requirements, where necessary, to ensure emission levels. See Appendix 8. The provisions in Section 306 and 307 mirror what is already in SIP Rule 32.G and Rule 32.J and do not modify any emission limits. 2.2(h) Compliance/enforcement strategies, including how compliance will be determined are in practice. The MCAQD will determine compliance by conducting periodic inspections as is current practice. Enforcement of the rule will continue to occur though permit requirements and enforcement action per current department policies and procedures. DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 10 2.2(i) Special economic and technological justifications required by any applicable EPA policies, or an explanation of why such justifications are not necessary. Not applicable. Special economic and technological justifications are not necessary because the provisions in Sections 306 and 307 are analogous to what is already in SIP Rules 32.G and 32.J. There are no anticipated economic or technological impacts to the regulated community. DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 11 Revision to Arizona's SIP Sections 306 and 307 of Rule 320 of the MCAPCR Appendix 1: Notice of Board of Supervisors’ Public Hearing and Affidavit of Publication for Adoption of Sections 306 and 307 of Rule 320 This notice includes separate rulemaking actions for Rules 311, 320, 322, and 323. For this SIP submittal request, only the notifications and rulemaking actions regarding Rule 320 are relevant. The additional information regarding Rules 311, 322, and 323 is outdated and not associated with Rule 320. DRAFT NOTICE OF PUBLIC HEARING FOR MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS AND STATE IMPLEMENTATION PLAN (SIP) REVISIONS Notice is hereby given that the Maricopa County Board of Supervisors will conduct a public hearing on July 2, 2003 at 9:00 AM on proposed revisions to the Maricopa County Air Pollution Control Regulations, RULE 311 (PARTICULATE MATTER FROM PROCESS INDUSTRIES) and RULE 320 (ODORS AND GASEOUS AIR CONTAMINANTS). The hearing will also address proposed new RULE 322 (POWER PLANT OPERATIONS) and RULE 323 (FUEL BURNING EQUIPMENT FROM INDUSTRIAL/COMMERCIAL/INSTITUTIONAL SOURCES). The Public Hearing will be held at the Maricopa County Board of Supervisors’ Auditorium, 205 West Jefferson Street, Phoenix, Arizona. Call 602-506-0169 for current information. Copies of the final draft rule will be available at least 30 days prior to the hearing for public inspection at the offices of the Maricopa County Environmental Services Department, Air Quality Division, 1001 N. Central Ave. #201, Phoenix, AZ., 85004, phone 602-506-6010, and on the internet at http://www.maricopa.gov/envsvc/air/workshops.asp. A sign language interpreter, alternative form materials, or infrared assistive listening devices will be made available upon request with 72 hours notice. Additional reasonable accommodations will be made available to the extent possible within the time frame of the request. Requests should be made to 602-506-3751 or TTY 602-506-2000. PUBLISH MAY 28, 2003 and JUNE 4, 2003. DRAFT DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 12 Revision to Arizona's SIP Sections 306 and 307 of Rule 320 of the MCAPCR Appendix 2: Board of Supervisors’ Approval for Adoption of Sections 306 and 307 of Rule 320 This notice includes separate rulemaking actions for Rules 311, 320, 322, and 323. For this SIP submittal request, only the notifications and rulemaking actions regarding Rule 320 are relevant. The additional information regarding Rules 311, 322, and 323 is outdated and not associated with Rule 320. DRAFT DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 13 Revision to Arizona's SIP Sections 306 and 307 of Rule 320 of the MCAPCR Appendix 3: Affidavit of Publication for Notice of Final Rulemaking for Adoption of Sections 306 and 307 of Rule 320 This notice includes separate rulemaking actions for Rules 311, 320, 322, and 323. For this SIP submittal request, only the notifications and rulemaking actions regarding Rule 320 are relevant. The additional information regarding Rules 311, 322, and 323 is outdated and not associated with Rule 320. DRAFT DRAFT DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 14 Revision to Arizona's SIP Sections 306 and 307 of Rule 320 of the MCAPCR Appendix 4: Relevant Arizona Revised Statutes DRAFT 49-112. County regulation; standards A. When authorized by law, a county may adopt a rule, ordinance or regulation that is more stringent than or in addition to a provision of this title or rule adopted by the director or any board or commission authorized to adopt rules pursuant to this title if all of the following requirements are met: 1. The rule, ordinance or regulation is necessary to address a peculiar local condition. 2. There is credible evidence that the rule, ordinance or regulation is either: (a) Necessary to prevent a significant threat to public health or the environment that results from a peculiar local condition and is technically and economically feasible. (b) Required under a federal statute or regulation, or authorized pursuant to an intergovernmental agreement with the federal government to enforce federal statutes or regulations if the county rule, ordinance or regulation is equivalent to federal statutes or regulations. 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. 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. C. A county that adopts rules, ordinances or regulations pursuant to subsection B of this section and that at any time cannot comply with subsection B of this section shall prepare and file a notice of noncompliance with the director. The county shall post a copy of the notice of noncompliance on the county's website with a date stamp of the date of posting. If the county does not comply with subsection B of this section within one year after posting of the notice on the county's website, the director shall provide written notice to and assert regulatory jurisdiction over those persons and entities subject to the affected county rules, ordinances or regulations. D. Except as provided in chapter 3, article 3 of this title, before adopting or enforcing any rule, ordinance or regulation pursuant to subsection A or B of this section, the county shall comply with the following requirements: 1. Prepare a notice of proposed rulemaking to include the proposed rule, ordinance or regulation. This notice shall demonstrate evidence of compliance with subsection A or B of this section. The notice shall include the name, address and phone number of a person who can answer questions about the proposed rule, ordinance or regulation and accept any DRAFT written requests for the county to conduct an oral proceeding. The county shall post the notice on the county's website with a date stamp of the date of posting. The county shall publish the availability of the notice of the proposed rule, ordinance or regulation in a newspaper of general circulation in the county. If there is no newspaper of general circulation in the county, the county shall publish the notice in a newspaper of general circulation in an adjoining county. If requested by the public, the county shall make available a paper copy of the notice at a reasonable cost. 2. For at least thirty days after the posting of the notice of the proposed rule, ordinance or regulation, afford persons the opportunity to submit in writing comments, statements, arguments, data and views on the proposed rule, ordinance or regulation. 3. Respond in writing to the comments submitted pursuant to paragraph 2 of this subsection and post the county's response on the county's website. If requested by the public, the county shall make paper copies of its comments available at a reasonable cost. 4. Schedule a public hearing on the proposed rule, ordinance or regulation if a written request for an oral proceeding is submitted to the county during the thirty-day comment period. The county shall post the notice of oral proceeding on a proposed rule, ordinance or regulation on the county's website. The county shall post the notice of oral proceeding at least twenty days before the date of the oral proceeding. The county shall publish notice of any public hearing required pursuant to this paragraph in any newspaper as prescribed by this title or county ordinance. The county shall select a time and location for the public hearing that affords a reasonable opportunity for the public to participate. E. A county is not required to comply with subsection D, paragraphs 2, 3 and 4 of this section before it adopts or enforces a rule, ordinance or regulation if the rule, ordinance or regulation only incorporates by reference an existing state or federal rule or law that provides greater regulatory flexibility for regulated parties and otherwise satisfies the requirements prescribed in subsection B of this section. F. Until June 30, 1995, a person may file with the clerk of the board of supervisors for that county a petition challenging a county rule, ordinance or regulation adopted before July 15, 1994 for compliance with the criteria set forth in subsection A or B of this section. The petition shall contain the grounds for challenging the specific county rule, ordinance or regulation. Within one year after the petition is filed, the board of supervisors shall review the challenged rule, ordinance or regulation and make a written demonstration of compliance with the criteria set forth in subsection A or B of this section and challenged in the petition. Any rules, ordinances or regulations that have been challenged and for which the board of supervisors has not made the written demonstration within one year after the filing of the petition required by this section become unenforceable as of that date. If a county has already made a written demonstration under section 49-479, subsection C, for a rule, ordinance or regulation, the person filing the petition shall state the specific grounds in the petition why that demonstration does not meet the requirements of this section. G. A rule, ordinance or regulation adopted pursuant to subsection A of this section may not be invalidated subsequent to its adoption on the grounds that the economic feasibility analysis is insufficient or inaccurate if a county makes a good faith effort to comply with the economic feasibility requirement of subsection A, paragraph 2, subdivision (a), of this DRAFT section and has explained in the written statement, made public pursuant to subsection D of this section, the methodology used to satisfy the economic feasibility requirement. H. This section shall not apply to any rule, ordinance or regulation adopted by a county pursuant to: 1. Title 36 for which the state has similar statutory or rule making authority in this title. 2. Section 49-391. 3. Chapter 3, article 8 of this title. 4. Chapter 4, article 3 of this title and section 49-765. 5. Nonsubstantive rules relating to the application process that have a de minimis economic effect on regulated parties. 49-471.09. County rule or ordinance making record A. A control officer shall maintain for public inspection an archive of a rule or ordinance making record for each proposed rule or ordinance for which a notice is posted on the county's website and each final rule or ordinance posted on the county's website. B. The county archive of a rule or ordinance making record shall contain all of the following: 1. Copies of all postings on the county's website with respect to the rule or ordinance. 2. All written petitions, requests, submissions and comments received by the county and all other written materials considered or prepared by a control officer in connection with the rule or ordinance. 3. Any official transcript of oral presentations made in the proceeding on which the rule or ordinance is based, and any tape recording or stenographic record of those presentations, and any memorandum summarizing the contents of those presentations. 4. A copy of any materials, documents or meeting minutes submitted to the board of supervisors. 5. A copy of the final rule or ordinance adopted by the board of supervisors and the preamble, concise explanatory statement and response to comments. 49-474. County control boards The board of supervisors of each county may authorize the board of health or health department of their respective counties in cooperation with the department of environmental quality to: 1. Study the problem of air pollution in the county. 2. Study possible effects on adjoining counties. 3. Cooperate with chambers of commerce, industry, agriculture, public officials and all other interested persons or organizations. DRAFT 4. Hold public hearings if in their discretion such action is necessary. 5. The board of supervisors by resolution may establish an air pollution control district. 49-479. Rules; hearing A. The board of supervisors shall adopt such rules as it determines are necessary and feasible to control the release into the atmosphere of air contaminants originating within the territorial limits of the county or multi-county air quality control region in order to control air pollution, which rules, except as provided in subsection C shall contain standards at least equal to or more restrictive than those adopted by the director. In fixing such standards, the board or region shall give consideration but shall not be limited to: 1. The latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on health and welfare which may be expected from the presence of an air pollution agent, or combination of agents in the ambient air, in varying quantities. 2. Atmosphere conditions and the types of air pollution agent or agents which, when present in the atmosphere, may interact with another agent or agents to produce an adverse effect on public health and welfare. 3. Securing, to the greatest degree practicable, the enjoyment of the natural attractions of the state and the comfort and convenience of the inhabitants. B. No rule may be enacted or amended except after the board of supervisors first holds a public hearing after twenty days' notice of such hearing. The proposed rule, or any proposed amendment of a rule, shall be made available to the public at the time of notice of such hearing. C. A county may adopt or amend a rule, emission standard, or standard of performance that is as stringent or more stringent than a rule, emission standard or standard of performance for similar sources adopted by the director only if the county complies with the applicable provisions of section 49-112. D. All rules enacted pursuant to this section shall be made available to the public at a reasonable charge upon request. DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 15 Revision to Arizona's SIP Sections 306 and 307 of Rule 320 of the MCAPCR Appendix 5: Strikethroughs of Paragraphs G and J of Rule 32 (Indicating the Rescission of Paragraphs G and J Only) DRAFT G. Other Industries J. No person shall discharge into the atmosphere from any other industry not covered in other rules o f this section re- duced sulfur. which includes sulfur equivalent from all sul- fur emissiom including but not limited to sulfur dioxide, sulfur trioxide and sulfuric acid, in excess o f ten (JO) per- cent o f the sulfur entering the process as feed. Added 10-1-75 H. Fuel Burning Equipment for Producing Electric Power (Sulfur Dioxide) J. This rule applies to an installation operated for the purpose o f producing electric power with a resulting discharge o f sulfur dioxide in the installation's cffiuent gasc . 2. Steam power generating installations which are new sources shall not emit more than 0.80 pounds o f sulfur dioxide, maximum two hour average, per million BTU heat input when oil is fired. Steam power generating installations . which are existing sources shall nnt emit more than 1.0 pounds o f sulfur dioxide, maximum two hour average, per million BTU heat input when low sulfur oil is fired. 3. Steam power generating installations which are existing RULE 32. Odors and Gaseous Emissions DRAFT ------ ------ ---------------- -- ----- - ---------------------- -- - -------- ----------- ---------- ---------- ----------- - --- ---------- --- -- / \ - ---- -----------· I, -------------- --- - _________.,. . -- - - - --• -- ;,· --------- ~-~:-: .:- --· ------ -------- :t : -------- . ------- ...·~.. -~---------- ---------- -· .. ----------- ------ - -------------- ---···· --- ~ sources shall not emit more than 2_2 pounds of sulfur di oxide. maximum two hour average, per million BTU he;it in-put when high sulfur oil is fired_ ' 4. Any pennir issued for the operation of an existing source, or :iny renewal or modification of such a permit, shall in clude a condition prohibiting the use of high sulfur oil by the pcrmitree. except that if the applicant demonstrates to the satisfaction of the control officer: (a) that suffic ient quantities of low sulfur oil are not available for use by the source, and (b) that ii has adequate facilities and ~r. tingency plans to insure that the sulfur dioxide ambient air -quality standards set forth in Regulation VII, Rule 70 will not be violated. The tenns of the pennit may authorize the use of high sulfur oil under such conditions as are justified. In cases where the pcrmittee is authorized to use high sulfur oil. ii shall submit to the bureau monthly reports detailing its efforts to obtain lo..w sulfur oil. When the conditions jus tifying the use qf high sulfur oil no longer exist, the pcnnit shall be modified'accordingly. S. For purposes of this rule. low sulfur oil means fuel oil con taining less than 0.90 percent by weight of sulfur and high sulfur oil means fuel oil containing 0.90 percent or more by weight ofsulfur. 6. Steam power generating installations which are new sources shall not emit more than 0.80 pounds of sulfur dioxide, maximum two hour average. per million BTU heat input when coal is fired. Steam power generating installations _ which are existing sources shall not emit more than LO pounds of sulfur dioxide. Maximum two hour average, per million BTU heat input when coal is fired_ ----~-------- J. No person shall operate an asphalt kettle unless he controls air contaminant emissions by good modem practices including but not limited to: (I) maintenance of temperature beiow both the asphalt flash point and the maximum temperature recommended by the asphalt manufacturer through the-itse of automatic tc.,nperature controls. (2) operation of .the Kettle with the lid closed except when charging, (3) pumping the as phalt from the kettle. (4) drawing the asphalt through cocks without dipping, (5) firing of the kettle with a clean burning fuel and (6) maintaining the kettle in clean, properly adjusted and good operatiug condition. K. The discharge of carbon monoxide emissions from any process source shall br effectively controlled by means of secondary combustion_ ( i DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 16 Revision to Arizona's SIP Sections 306 and 307 of Rule 320 of the MCAPCR Appendix 6: Clean Version of Rule 32 After Rescission of Paragraphs G and J (Indicating only Paragraphs H and K remain in Rule 32) DRAFT DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 17 Revision to Arizona's SIP Sections 306 and 307 of Rule 320 of the MCAPCR Appendix 7: Strikethroughs of all Sections in Rule 320 except for Sections 306 and 307 (Locally Adopted July 2, 2003) DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 18 Revised 07/13/88; Revised 07/02/03 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 320 (ODORS AND GASEOUS AIR CONTAMINANTS) SECTION 100 – GENERAL 101 PURPOSE: To limit the emissions of odors and other gaseous air contaminants into the atmosphere. SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 HIGH SULFUR OIL: Fuel oil containing 0.05 percent or more by weight of sulfur. 202 LOW SULFUR OIL: Fuel oil containing less than 0.05 percent by weight of sulfur. 203 ODORS: Smells, aromas or stenches commonly recognized as offensive, obnoxious or objectionable to a substantial part of a community. 204 REDUCTION: Any heated process, including rendering, cooking, drying, dehydrating, digesting, evaporating and protein concentrating. SECTION 300 – STANDARDS: No person shall emit gaseous or odorous air contaminants from equipment, operations or premises under his control in such quantities or concentrations as to cause air pollution. 301 ANIMAL AND VEGETABLE MATTER REDUCTION: No person shall operate or use any machine, equipment or other contrivance for the reduction of animal or vegetable matter, separately or in combination, unless all gases, vapors and gas-entrained effluents have been incinerated to destruction at a temperature of not less than 1,300 degrees fahrenheit or processed in a manner determined by the Control Officer to be equally or more effective for the control of air pollution. 302 MATERIAL CONTAINMENT REQUIRED: Materials including, but not limited to, solvents or other volatile compounds, paints, acids, alkalies, pesticides, fertilizer and manure shall be processed, stored, used and transported in such a manner and by such means that they will not unreasonably evaporate, leak, escape or be otherwise discharged into the ambient air so as to cause or contribute to air pollution. Where means are available to reduce effectively the contribution to air pollution from evaporation, leakage or discharge, the installation and use of such control methods, devices or equipment shall be mandatory. 303 REASONABLE STACK HEIGHT REQUIRED: Where a stack, vent or other outlet is at such a level that air contaminants are discharged to adjoining property, the Control Officer may require the installation of abatement equipment or the alteration of such DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 19 stack, vent, or other outlet to a degree that will adequately dilute, reduce or eliminate the discharge of air contaminants to adjoining property. 304 LIMITATION - HYDROGEN SULFIDE: No person shall emit hydrogen sulfide from any location in such a manner or amount that the concentration of such emissions into the ambient air at any occupied place beyond the premises on which the source is located exceeds 0.03 parts per million by volume for any averaging period of 30 minutes or more. 305 PERMIT CONDITIONS - HIGH SULFUR OIL: Any permit issued for the operation of an existing source, or any renewal or modification of such a permit, shall include a condition prohibiting the use of high sulfur oil by the permittee. The applicant must demonstrate to the Control Officer that sufficient quantities of low sulfur oil are not available for use by the source and that it has adequate facilities and contingency plans to insure that the sulfur dioxide ambient air quality standards set forth in Rule 510 of these Regulations will not be violated. The terms of the permit may authorize the use of high sulfur oil under such conditions as are justified. In cases where the permittee is authorized to use high sulfur oil, it shall submit to the Control Officer monthly reports detailing its efforts to obtain low sulfur oil. When the conditions justifying the use of high sulfur oil no longer exist, the permit shall be modified accordingly. 306 LIMITATION - SULFUR FROM OTHER INDUSTRIES: No person shall discharge into the atmosphere from any industry, reduced sulfur, which includes sulfur equivalent from all sulfur emissions including but not limited to sulfur dioxide, sulfur trioxide and sulfuric acid, in excess of ten percent of the sulfur entering the process as feed. 307 OPERATING REQUIREMENTS – ASPHALT KETTLES AND DIP TANKS: 307.1 No person shall operate an asphalt kettle or dip tank unless the owner or operator controls air contaminant emissions by good modern practices, including but not limited to: a. Maintenance of temperature below both the asphalt flash point and the maximum temperature recommended by the asphalt manufacturer through the use of automatic temperature controls. b. Operation of the kettle or dip tank with the lid closed except when charging. c. Pumping or drawing the asphalt through cocks without dipping. d. Firing of the kettle or dip tank with a clean burning fuel. e. Maintaining the kettle or dip tank in clean, properly adjusted and good operating condition. 307.2 The visible emissions from the operation of an asphalt kettle or dip tank shall comply with the provisions of Rule 300. SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 20 Revision to Arizona's SIP Sections 306 and 307 of Rule 320 of the MCAPCR Appendix 8: Clean Version of Sections 306 and 307 for Incorporation into SIP DRAFT 320-1 Revised 07/13/88 Revised 07/02/03 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 320 ODORS AND GASEOUS AIR CONTAMINANTS 306 LIMITATION - SULFUR FROM OTHER INDUSTRIES: No person shall discharge into the atmosphere from any industry, reduced sulfur, which includes sulfur equivalent from all sulfur emissions including but not limited to sulfur dioxide, sulfur trioxide and sulfuric acid, in excess of ten percent of the sulfur entering the process as feed. 307 OPERATING REQUIREMENTS – ASPHALT KETTLES AND DIP TANKS: 307.1 No person shall operate an asphalt kettle or dip tank unless the owner or operator controls air contaminant emissions by good modern practices, including but not limited to: a. Maintenance of temperature below both the asphalt flash point and the maximum temperature recommended by the asphalt manufacturer through the use of automatic temperature controls. b. Operation of the kettle or dip tank with the lid closed except when charging. c. Pumping or drawing the asphalt through cocks without dipping. d. Firing of the kettle or dip tank with a clean burning fuel. e. Maintaining the kettle or dip tank in clean, properly adjusted and good operating condition. 307.2 The visible emissions from the operation of an asphalt kettle or dip tank shall comply with the provisions of Rule 300. DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 21 Revision to Arizona's SIP Sections 306 and 307 of Rule 320 of the MCAPCR Appendix 9: Notice of Board of Supervisors’ Public Hearing and Affidavit of Publication for Rescission and Replacement of Paragraphs G and J of Rule 32 in the Arizona SIP (Pending Posting) DRAFT Maricopa County • Air Quality Department • Planning and Analysis Division • November 2023 22 Revision to Arizona's SIP Sections 306 and 307 of Rule 320 of the MCAPCR Appendix 10: Board of Supervisors’ Approval for Rescission and Replacement of Paragraphs G and J of Rule 32 in the Arizona SIP (Pending Approval) DRAFT Maricopa County Air Quality Department Planning and Analysis Division Maricopa.gov/AQ DRAFT