Revised on: Oct. 12, 2023 - 12:30 p.m.
Summary:
ADEQ seeks to amend A.A.C. Title 18, Chapter 2 (Air Pollution Control), Article 7 (Existing Stationary Source Performance Standards) to conform to particulate matter standards imposed in a federal implementation plan (FIP) in order to facilitate redesignation of the Gila, Maricopa, Pima, Pinal, and Santa Cruz PM10 Nonattainment Areas (NAAs) to attainment, in which case onerous nonattainment new source review requirements will no longer apply, thus encouraging job creation and economic development within those areas. ADEQ anticipates these amendments will not increase regulatory burden beyond what is required by the FIP that currently applies to these areas. ADEQ also proposes amending Article 7 to reduce regulatory burden by correcting a typographical error and improving rule clarity.
Additionally, amendments to Articles 9 (New Source Performance Standards) and 11 (Federal Hazardous Air Pollutants) are necessary to ensure Arizona maintains authority to implement and enforce New Source Performance Standards (NSPS) and National Emissions Standards for Hazardous Pollutants (NESHAP) pursuant to EPA delegation. ADEQ anticipates these amendments will not impose any additional burden on the regulated community because they are already subject to the current federal laws. This expedited rulemaking will fulfill ADEQ's 2020 five-year rule review commitment to the Governor's Regulatory Review Council to amend rules in Articles 7 and 9.
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