STOPP has been concerned about changes to Maricopa County Air Quality Department (MCAQD) Rule 320 Odors and Gaseous Air Contaminants.
Currently, the rule gives MCCAQD the authority to enforce odor complaints.
In April 2017 MCAQD started the process to modify Rule 320 to eliminate the ability to regulate odors.
STOPP opposed this change through every step of the process.
In July 2018 the Maricopa County Board of Health agreed with STOPP and stopped the changes to Rule 320.
Recently MCAQD has provided notice of a public hearing that changes will be made to State Implementation Plan Rule 32 Odors and Gaseous Emissions.
MCAQD Rule 320 Odors and Gaseous Air Contaminants is “linked’ to State Implementation Plan Rule 32 Odors and Gaseous Emissions.
The request to change State Implementation Plan Rule 32 Odors and Gaseous Emissions is as follows:
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 the 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project that was initiated in 2017 to rescind and replace the Maricopa County Air Quality Department’s (MCAQD) outdated two-digit SIP approved rules with current three-digit rules to update the SIP.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United States Environmental Protection Agency advised MCAQD to submit Sections 306 and 307 of Rule 320 to replace the outdated two-digit rules 32.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 J. The provisions of Section 306 and Section 307 are at least as stringent as the outdated SIP-approved rules.
The notice goes on to say “As no changes to Rule 320 were proposed the rule was not presented to the Board of Health.”
Since no changes are proposed to MCAQD Rule 320 Odors and Gaseous Air Contaminants, STOPP is not commenting on the changes to State Implementation Plan Rule 32. STOPP will continue to monitor MCAQD for notices that affect the ability to regulate odors in Rule 320 Odors and Gaseous Air Contaminants and State Implementation Plan Rule 32 Odors and Gaseous Emissions.
What is a State Implementation Plan (SIP)?
It’s a plan for “clean air!”
Clean Air Act requires a general plan to achieve the National Ambient Air Quality Standards in all areas of the country and a specific plan for each nonattainment area.
Each state is responsible for developing plans to demonstrate how standards will be achieved, maintained, and enforced.
More information can be found at: https://www.epa.gov/air-quality-implementation-plans/basic- information-about-air-quality-sips
Maricopa County is authorized to have its own State Implementation Plan.
MCAQD then makes rules that mirror National Ambient Air Quality Standard rules found in its State Implementation Plan
