PUBLIC NOTICE & PUBLIC HEARING | Proposed Expedited Air Quality Rulemaking

ADEQ welcomes comments on proposed expedited rulemaking for Arizona Administrative Code (A.A.C.) Title 18, Chapter 2, Articles 1 and 4. 

This expedited rulemaking proposes to amend two outdated rules: 

  1. ADEQ is proposing to amend A.A.C. Title 18, Chapter 2, Article 1, R18-2-101(23)(h) to conform to the 1990 Clean Air Act Amendments and a July 19, 2021, U.S. Environmental Protection Agency (EPA) notice of correction regarding its New Source Review (NSR) rules. EPA changed the definition of a “major emitting facility” with regard to municipal incinerators by lowering the charging capacity threshold for qualifying municipal incinerators from 250 tons of refuse per day to 50 tons per day. 
  2. ADEQ is proposing to amend A.A.C. Title 18, Chapter 2, Article 4, R18-2-404 to remove the sentence authorizing inter-precursor trading (IPT) for ozone as required by Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir., 2021). 

These rule amendments are required by federal law and therefore will not increase regulatory burden beyond what is required by the Clean Air Act (CAA). If ADEQ does not address this requirement, EPA will be required to issue a finding of failure to submit or a disapproval for the 2015 ozone State Implementation Plan revisions. If the deficiencies remain uncorrected, EPA must impose sanctions, including 2-for-1 offsets, the loss of highway funds and a federal implementation plan.

The rule amendment will be submitted to EPA as a revision to the Arizona State Implementation Plan pursuant to CAA § 110 (42 U.S.C. § 7410).

Review Documents

Original Published Public Notice | View Arizona Administrative Register >

ADEQ Active Rulemaking Page | View >

Documents are also available for review at ADEQ's Records Center | Learn More > 

Comment Period

Dec. 30, 2021 – Jan. 31, 2022

You can submit comments by one of the following:

By Email:

Send Email > 

By Mail:

Must be postmarked or received no later than Jan. 31, 2022

Zachary Dorn
Air Quality Division
1110 W. Washington St.
Phoenix, AZ 85007

At the Virtual Public Hearing:

Comments are also welcome at the following virtual public hearing:
Date: Jan. 31, 2022
Time: 11 a.m.
Location: Online via GoToWebinar | Register to Join >
                   After registering, you will receive a confirmation email containing information about joining the hearing.