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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX AIR DIVISION










Technical Support Document 
for
EPA's Rulemaking
for the
Arizona State Implementation Plan

Maricopa County Air Quality Department Rule 316 
Nonmetallic Mineral Processing







                              
Prepared by: Christine Vineyard

March 2020





RULE IDENTIFICATION - 
Agency
Maricopa County Air Quality Department (MCAQD)

SIP Approved Rule
Rule 316  -  Nonmetallic Mineral Processing 
Revised - March 12, 2008 
Submitted  -  July 10, 2008
EPA Approved  -  November 13, 2009 (74 FR 58553)

Subject of this TSD
Rule 316  -  Nonmetallic Mineral Processing 
Revised - November 7, 2018 
Submitted  -  November 19, 2018

Completeness Finding
Complete by Operation of Law  -  May 19, 2019

BACKGROUND 

MCAQD has jurisdiction over most types of stationary sources within Maricopa County, Arizona. The Phoenix planning area portion of Maricopa County is classified as a Serious nonattainment area for the PM10 National Ambient Air Quality Standards (NAAQS). As required by section 189 of the federal Clean Air Act (CAA), Arizona submitted a PM10 plan that included the required most stringent measures (MSM) and an extension request for attainment no later than December 31, 2006. On January 14, 2002, EPA announced the approval of the Serious area plan, including the Agricultural Best Management Practices (AgBMP) Program as meeting both Best Available Control Measures (BACM) and MSM requirements, and granted a five-year extension of the attainment date for both the 24-hour and annual PM10 standards from December 31, 2001 to December 31, 2006.  Both decisions were published in the Federal Register on July 25, 2002 (67 FR 48718).

The area did not attain by December 31, 2006 and triggered the requirement under section 189(d) of the CAA that a SIP revision providing for annual reductions of PM10 or PM10 precursors of not less than 5% of the most recent emissions inventory, until the standard is attained, be submitted to EPA by December 31, 2007. See 72 FR 31183 (June 6, 2007). 

In December 2007, in response to the finding of failure to attain the PM10 NAAQS by the 2006 attainment date, ADEQ submitted the MAG 2007 Five Percent Plan for PM10. The MAG 2007 Five Percent Plan relied upon emissions reductions from a number of rules, including Rule 316. During this same time period, Maricopa County adopted revisions to Rule 316 to meet CAA requirements. In 2009, EPA approved Rule 316 as meeting the requirements for BACM and MSM for the sources covered by the rule. 74 FR 58553 (November 13, 2009). 

In 2010, EPA proposed a limited approval and limited disapproval of the MAG 2007 Five Percent Plan. 75 FR 54806 (September 9, 2010). In 2011, after ADEQ withdrew the MAG 2007 Five Percent Plan, EPA made a Finding of Failure to Submit the Five Percent Plan on February 14, 2011 (76 FR 8300), triggering an 18-month sanctions clock and a two-year Federal Implementation Plan clock. Arizona submitted a replacement plan, the MAG 2012 Five Percent Plan for PM10, on May 25, 2012.  EPA found that submission complete on July 9, 2012. EPA approved the MAG 2012 Five Percent Plan at 79 FR 33107 (June 10, 2014).

RULE SUMMARY 

Rule 316 controls emissions of particulate matter from nonmetallic mineral processing plants and related operations. The term "nonmetallic mineral processing plant" is defined as referring to any facility using any combination of equipment or machinery to mine, excavate, separate, combine, crush, or grind any nonmetallic mineral including, but not limited to: lime plants, steel mills, asphalt plants, concrete plants, raw material storage and distribution and sand and gravel plants. "Related operations" is defined as the use, handling or storage of dry materials or nonmetallic minerals at a facility that produces other products or materials, or the preparation and maintenance of a facility subject to Rule 316.  Rule 316 already includes BACM and MSM for nonmetallic mineral processing (as determined by EPA in 2009). As a result, the revisions to Rule 316 are not intended to result in additional controls but are intended to increase the effectiveness of the rule. Rather, the MCAQD revised Rule 316 for the following reasons: to clarify the applicability of the rule; to clarify certain requirements of the rule; to consolidate applicable requirements for nonmetallic mineral processing and related operations in a single rule; to incorporate EPA approved alternative control measures and test methods; to ensure the rule applies equitably to similar operations; to correct a deficiency that was noted by the EPA when Rule 316 was approved in 2009; to update the compliance schedule for rumble gates; and to address safety concerns identified by stakeholders. 

Applicability 
The SIP-approved Rule 316 applies to any commercial and/or industrial nonmetallic mineral processing plants and/or any rock product processing plant. The revised rule consolidates commercial and/or industrial nonmetallic mineral processing plants and/or any related operations as defined in the rule. Additionally, a statement was added to clarify that whenever one or more regulation or emission limit applies to nonmetallic mineral processing and any related operation, the more stringent standard applies.

Exemptions
An exemption was added for transfer facilities and water treatment facilities.  These transfer facilities exclusively receive, store, and distribute dry materials that always remain within enclosed systems (such as hoses and silos).  The materials handled by transfer facilities are not non-metallic minerals and the materials are not processed at the transfer facilities.  These transfer facilities are not nonmetallic mineral processing plants as defined by Rule 316.

Also, there are several water treatment facilities in Maricopa County that handle nonmetallic minerals and process bulk materials, such as sewer sludge, which are not nonmetallic minerals.  Therefore, an exemption was included to clarify that water treatment facilities are not subject to Rule 316.

Definitions

Several definitions were updated, and new definitions added to help clarify Rule 316.  For example, the definition of Nonmetallic Mineral Processing Plant was revised to exclude coal fired power plants and Portland cement plants because there are none in Maricopa County and because Arizona Revised Statutes (ARS) § 49-402 grants exclusive jurisdiction over these types of sources to ADEQ.  

Standards
1.  Crushing and Screening  -  Process Emission Limitations and Controls
a.  The revised rule clarifies that stack emissions must comply with both emission limits (no more than 7% opacity and 0.014 grains per dry standard cubic foot of particulate matter) as independent standards.

b.  For safety reasons, Rule 316 was revised to allow the flexibility to install watering systems at the outlet of a surge tunnel, instead of requiring installation of watering systems at transfer points inside the surge tunnel.

c.  Section 301.2c of the revised rule incorporates the EPA approved alternative moisture requirements for washed feed products and unwashed feed products directly feeding a hot mix asphalt plant. 


2.  Asphaltic Concrete Plants
a.  The revised rule clarifies that stack emissions must comply with both emission limits (no more than 5% opacity and 0.04 grains per dry standard cubic foot of particulate matter) as independent standards.

b.  A 20% opacity limit has been added for emissions of blue smoke, which is a fugitive emission, but is not particulate matter.

c.  The revised rule clarifies the 20% opacity limit from truck dumping directly into any asphalt plant feed hopper.

3.  Material Storage and Silo Loading Operations
a.  This section has been revised to extend requirements for cement, lime, and fly ash storage silos to all dry material storage silos.

b. The revised rule clarifies that the installed control for each dry mix concrete plant loading station must be used and operated.

c.  A requirement was added for a pressure control system on all dry material storage silos installed after the date of rule adoption.

4.  Other Operations
a.  To reduce confusion and increase compliance, revised Rule 316 incorporates existing requirements for other operations from Rules 200 (permitting and portable source move notices) and 310 (hauling or transporting bulk materials within the boundaries of a facility; hauling or transporting bulk material and crossing or accessing an area accessible to the public; weed abatement by discing or blading; demolition; blasting operations, etc.), instead of referencing the rules.

5.  Air Pollution Control Equipment and Approved Emission Control System
The revised rule lists the specific type of information that must be included in an Operation and Maintenance (O&M Plan).

6.  Fugitive Dust Emission Limitations
a.  The defined term "Wind Event" has been replaced with the defined term "Wind-Blown Dust," consistent with similar changes to Rule 310.

7.  Stabilization Standards for Unpaved Roads and Unpaved Parking Lots and Unpaved Staging Areas
a.  To avoid confusion, the 20% opacity limit in Section 306.4 was deleted. Many stakeholders interpreted the rule to mean if the opacity limit was not exceeded then compliance with the stabilization standard had also been achieved. The silt loading and silt content limits remain in this section. Because the 20% opacity limit in Section 306.1 is still applicable to visible emissions from unpaved roads, unpaved parking lots, and unpaved staging area, this change is not a relaxation of any requirement.

8.  Stabilization Standards for all other areas
a.  This revised section clarifies the applicability to all unpaved areas that are not unpaved roads, unpaved parking lots, and unpaved staging areas. Additionally, visible soil moisture has been added as an acceptable control measure.

Fugitive Dust Control Measures
Section 307 of Rule 316 has been revised to do the following:
1.  Section 307.1 ("Open Storage Piles and Material Handling") was revised to clarify that excavating is a material handling operation and is subject to the control measure requirement in Section 307.1.
2.  The revised rule includes "maintain visible crust" as an acceptable control measure for
inactive open storage piles.
3.  A requirement was added to require installation of new open storage piles 25 feet or more from the property line unless a demonstration can be made that there is not adequate space to do so.
4.  The revised rule clarifies that when gravel is used as a control measure for unpaved parking lots, staging areas, and areas where support vehicles operate (Section 307.2) and haul/access roads that are not in a permanent area of the facility (Section 307.3), the gravel must be washed and be at least six inches deep. 
5.  The revised rule incorporates certain existing requirements for hauling/transporting bulk material within the boundaries of the facility from Rule 310 ("Fugitive Dust from Dust-Generating Operations").
6.  The revised rule includes delivery trucks when determining which trackout control
device requirements apply to a facility and when determining how frequently paved
roads identified in the dust control plan must be cleaned.
7.  The rule was revised to incorporate an alternative track-out control method approved by EPA on April 15, 2009.
8.  The revised rule clarifies that the requirement to clean paved roads identified in the dust control plan does not apply if there is less than 12 linear feet of bulk material present on any paved road.
9.  The revised rule incorporates existing control measure requirements for weed abatement (discing, blading), demolition, blasting operations, other dust-generating operations, and soil moisture from Rule 310.
10.  The rule was revised to clarify control measure for nighttime operations is applicable between sunset and sunrise.

EVALUATION CRITERIA
The following criteria were used to evaluate the submitted rule:
1.Enforceability  -  CAA section 110(a)(2)(A) requires that regulations submitted to
EPA for approval into a State Implementation Plan (SIP) be clear and legally
enforceable.

      2.Stringency  - MCAQD is designated as Serious nonattainment for the PM10
      NAAQS. 40 CFR 81.303. Therefore, the area is subject to the requirement to implement BACM, including Best Available Control Technology (BACT) (see CAA section 189(b)(1)).
      
      3.SIP Revisions  -  CAA §110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment or reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA §193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area, unless the modification ensures equivalent or greater emission reductions of the relevant pollutant(s).
      
EPA EVALUATION
A summary of our evaluation of the three criteria follows:

1.  Enforceability  -  To help ensure enforceability, the rule requirements and applicability are clear, and the monitoring, recordkeeping, reporting and other provisions sufficiently ensure that affected sources and regulators can consistently evaluate and determine compliance with Rule 316.  

2.  Stringency  -  Again, the control requirements in the SIP-approved rule have been determined by EPA to meet BACM and MSM, and the rule revisions adopted by MCAQD in 2018 do not relax any of those requirements. Also, we agree with MCAQD that the revisions to Rule 316 will increase the effectiveness of Rule 316.  
      
3.  SIP Revisions  -  We find that the  revised rule would comply with CAA section110(l)  because it will increase the effectiveness of the control requirements in Rule 316 and thereby provide further support for the emissions reductions relied upon by the EPA-approved MAG 2012 Five Percent Plan to meet CAA requirements for PM10 nonattainment areas. Section 193 of the CAA does not apply to changes to Rule 316 because the rule post-dates the CAA amendments of 1990.

EPA ACTION 
The submitted Rule 316, as revised in 2018, strengthens the SIP, and meets the relevant CAA § 110 and part D requirements. Therefore, EPA staff recommends approval of Rule 316, as submitted on November 19, 2018, pursuant to CAA §§ 110(k)(3) and 301(a). 

REFERENCES
"Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.
"Guidance Document for Correcting Common VOC & Other Rule Deficiencies," (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.
MCAQD Rule 316, Nonmetallic Mineral Processing, revised on November 7, 2018 and submitted on November 19, 2018.
SIP-approved MCAQD Rule 316, Nonmetallic Mineral Processing, revised on March 12, 2008, submitted on July 10, 2008, and approved by EPA on November 13, 2009 (74 FR 58553).
EPA, Region 9, Technical Support Document for Proposed Approval of Maricopa County Air Quality Department, Rule 316, Nonmetallic Mineral Processing (July 2009).
