Arizona Administrative Register, Volume 21, Issue 21, May 22, 2015, p. 707-742

• Jurisdiction: Arizona
• Library: Arizona Register
• Published date: 22 May 2015
• Year: 2015

Vol. 21, Issue 21 | Published by the Arizona Secretary of State | May 22, 2015 711

Notices of Final Rulemaking

NOTICE OF FINAL RULEMAKING

TITLE 18. ENVI RONMENTAL QUALITY

CHAPTER 2. DE PARTMENT OF ENVIR ONMENTAL QUALITY

AIR POLLUTION CONTROL

[R15-29]

PREAMBLE

1. Article, Part, or Se ction Affected (as applicable) Rulemaking Ac tion

R18-2-701 Amend

R18-2-733 Repeal

R18-2-733.01 Repeal

R18-2-734 Amend

2. The statutory a uthority for the rulemaki ng, including both the autho rizing statute (general) and the statutes the

rules are implementi ng (specific):

Authorizing Statute s: A.R.S. §§ 49-104(A)(1) and (A)( 10)

Implementing Statut es: A.R.S. §§ 49-422(B), 42-425(A)

3. The effective date of the rules:

June 30, 2015

4. A list of all previous notices appearing in the Register addressing the rules :

Notice of Rulemak ing Docket Opening: 20 A.A.R. 2527 , September 12, 2014

Notice of Proposed Rulemaking: 20 A.A.R. 2487, Sept ember 12, 2014

5. The name and ad dress of agenc y personnel with whom persons m ay communicate regarding the rulem aking:

Name: Steve Burr, Executive Consultant II

Address: Arizona Departme nt of Environmental Quality

1110 W. Washington Ave.

Phoenix, AZ 8500 7

Telephone: (602) 771-4251 (This n umber may be reached in-state by dialing 1-80 0-234-5677 and entering the

seven digit numbe r.)

Fax: (602) 771-2366

E-mail: Burr.Steve@azdeq.gov

6. An agency’ s justification and reason why a rule should be made, amended, re pealed or renumbered, to include

an explanation ab out the rul emaking:

Summary. These amendments to the state standards for emissions of mercu ry by coal-fired electric utility steam

generating units (EGUs) in R18-2-733, R18-2-733.01 and R18-2-734 (the “Arizona Merc ury Rule”) rev ise those

rules to reflect EPA’s repeal of its cap-and-tra de program for mercury emissions and adopti on of maximum achiev-

able control techno logy (MAC T) standards. Specifically, the amendments (i) repeal provisions of the Arizona Mer -

cury Rule (R18 -2-733 and R18-2-733.01) that incorpo rate and modify the now d efunct cap-and-trade progra m and

(ii) amend the emission limits in R18-2-734 to be consistent with the M ACT standards. Amended R18-2-734 also

serves as a backstop state program for mercury emissions in case the MACT standards, which are currently b eing

challenged in feder al court, are vacated or repealed.

The Clean Air Mercury Rul e and the Arizona Mercury Rule. ADEQ adopted the Arizona Mercury Rule in

2006 in response to EPA’s 2005 adoption of the Clean Air Me rcury Rule (CAMR). 12 A.A.R. 4701 (Dec. 22, 2006).

NOTICES OF FINAL RULEM AKING

This section of the A rizona Admin istrative Register

contains Notices of Final Rulemaking. Fina l rules h ave

been through the regular rule making process as defined in

the Administrative Procedures Act. These rules were

either approved by the Governor’s Regula tory R eview

Council or the Attorney General’s Office. Certificates of

Approval are on file with the Office.

The final published no tice includes a preamble and

text of t he rules as filed by the agency. Economic Impact

Statements are not publ ished.

The Office of the Secretary of State is the filing office and

publisher of these rules. Questions about the interpretation

of the final rules should be addressed to t he agency that

promulgated them. Refer to Item # 5 to contact t he person

charged with the rulemaking. The codified v ersion of these

rules will be published in the Arizona Administrative Code.