ADEQ’s Regional Haze State Implementation Plan Revision and Rulemaking

 

On June 27, 2022, PDEQ notified Stakeholders of ADEQ’s draft rules proposing four control strategies to reduce emissions that cause “Regional Haze” at Class I National Parks and Wilderness Areas.  In Pima County, the Class I areas are the Saguaro East and Saguaro West Monuments.  These rules are a required component of the final State Implementation Plan Revision: Regional Haze Program (2018-2028), August 15, 2022, which contained a commitment to submit supplemental nonpoint rules to satisfy federal emissions control requirements.

On December 6, 2022, the comment period began for the proposed State Implementation Plan (SIP) Revision: Nonpoint Rules to Supplement Arizona’s 2022 Regional Haze SIP.  The comment period ends on January 13, 2023.  The control options proposed affect public paved roads and nonresidential construction within 50 km of a Class I area.  The summary of these proposed rules below is found on Page 3 and Page 4 of “SIP Revision: Nonpoint Rules to Supplement Arizona’s 2022 Regional Haze SIP”, (Air Quality Division November 30, 2022 Proposed) also attached to this Email.

2.2.2 A.A.C. R18-2-D1302 – Nonresidential Construction This rule requires speed limits for nonresidential construction sites 10 acres or larger and additional dust control measures for parking and staging areas that have a cumulative area of 1 acre or more. The proposed rule also requires the owner or operator of a nonresidential construction site to notify ADEQ before beginning any construction activity, and create and maintain records of control measures and inspection results. These records and notifications will allow ADEQ to track and monitor emissions reduction measures. Exemptions are included for areas where more stringent local rules apply.

2.2.3 A.A.C. R18-2-D1303 – Paved Roads This rule requires application of dust control measures to certain unpaved access points where unpaved public roads join paved public roads. The proposed rule also requires cleanup of trackout, spillage, and erosion-caused deposition of any bulk material on paved public roadways. Recordkeeping and reporting are required for both measures, allowing ADEQ to estimate emission reductions and visibility improvements resulting from application of these controls. Exemptions are included for areas where more stringent local rules apply.

The proposed rules will be submitted to EPA for federal enforceability.

As this ADEQ process will result in additional enforceable dust control requirements, it is important to provide ADEQ with written input on their proposed Nonpoint Rules. 

ADEQ is looking for feedback on the proposed Nonpoint Rules by January 13, 2023.

Please click on the following link to the ADEQ webpage for more detailed information.

https://www.azdeq.gov/notices/comment-period-begins-regional-haze-state-implementation-plan-sip-revision-and-rulemaking

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