APR 2:

Mr. Jared BlumenfeldRegional AdministratorU.S. Environmental Protection Agency, Region IX

Mail Code: ORA-1

75 Hawthorne StreetSan Francisco, CA 94105

RE: Submittal ofthe MAG 2013 Carbon Monoxide Maintenance Plan for the Maricopa County Area

Dear Mr. Blumenfeld,Consistent with the provisions of Arizona Revised Statutes (ARS) § 49-104, 49-404, and 49-406 and theCode of Federal Regulations, Title 40, § § 51.102 through 51.104, and Appendix V to Part 51, the Arizona

Department of Environmental Quality (ADEQ) hereby adopts and submits to the U.S. EnvironmentalProtection Agency (EPA) the “MAG 2013 Carbon Monoxide Maintenance Plan for the Maricopa County

Area, March 2013” as a revision to. the Arizona State Implementation Plan (SIP). Pursuant to ARS § 49-406, the plan was developed by the Maricopa Association of Govermuents (MAG).In 2001, ADEQ submitted to EPA the “Revised MAG 1999 Serious Area Carbon Monoxide Plan for theMaricopa County Nonattainment Area.” In 2003, ADEQ submitted the “Carbon Monoxide RedesignationRequest and Maintenance Plan for the Maricopa County Nonattainment Area.” The maintenance plandemonstrated continued attainment of the carbon monoxide air quality standards through 2015. EPAapproved the plans and redesignated the area to attainment effective April 8, 2005.

A subsequent SIP revision, under Clean Air Act Section 1 75A(b), is due eight years after redesignation to

attainment to provide for maintenance of the air quality standards for an additional ten years after theexpiration of the initial 10-year maintenance period. The information contained in the enclosed

maintenance plan demonstrates that the air quality standards will continue to be maintained through 2025.Included in this submission in Enclosure 1 are copies ofthe authorizing statutes cited above. Enclosure 2contains a SIP Completeness Checklist that indicates the requirements of 40 CFR Part 51, Appendix V,are satisfied. Enclosure 3 contains two hard copies and an exact duplicate on compact disc ofthe “MAG

2013 Carbon Monoxide Maintenance Plan for the Maricopa County Area, March 2013” for your reviewand action. ADEQ requests that EPA approve the March 2013 maintenance plan as a revision to the

Arizona SIP.

Southern Regional Office

400 West Congress Street • Suite 433 • Tucson, AZ 85701

(520) 628—6733

Printed on recycled paper
Director

Division

cc. Colleen McKaughan, EPA, wlo enclosures

Dennis Smith, MAG, w/o enclosures

William Wiley, Maricopa County Air Quality Department, w/o enclosures

Don Gabrielson, Pinal County Air Quality Control District, w/o enclosures

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TO: Eric Massey

Division Director

Air Quality Division

Under A.R.S. §49-104(D)(2), I authorize you, Eric Massey, Division Director, Air Quality Division, Arizona Department ofEnvironmental Quality, to perform any act, including execution of any pertinent documents, which I as Director ofthe Arizona Department ofEnvironmental Quality am authorized or required to do by law with respect to A.R.S. Title 49, chapters 1 and 3 and any other acts relating to air quality including personnel actions. This authority shall remain in effect until it is revoked or you resign. You may further delegate this authority in the best interest ofthe agency, however, those delegations must be in writing and you must forward a

copy of any further delegations to me. V

This delegation is effective February 25, 2011. I ratify all acts performed by you as Air Quality Division Director äoneerning the duties and functions in this delegation letter.

Henry R. arwin

Director

V

Northern Regional Office Southern Regional Office 1801 W. Route 66 • Suite 117 ‘Flagstaff, AZ 860O 400 West Congress Street • Suite 433 • Tucson, AZ 85701 (928) 779—0313 (520) 628—6733

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operations with those of the agencies, persons and enterprises.3. Conduct research on its own initiative or at the request of the governor,

the legislature or state or local agencies pertaining to any department

objectives.

4. Provide information and advice on request of any local, state or federal

agencies and private persons and business enterprises on matters within the

scope of the department.

5. Consult with and make recommendations to the governor and thelegislature on all matters concerning department objectives.

6. Promote and coordinate the management of air resources to assure theirprotection, enhancement and balanced utilization consistent with the

environmental policy of this state.7. Promote and coordinate the protection and enhancement of the quality of

water resources consistent with the environmental policy of this state.8. Encourage industrial, commercial, residential and community, development

that maximizes environmental benefits and minimizes the effects of less

desirable environmental conditions.9. Assure the preservation and enhancement of natural beauty and man

made scenic qualities.

10. Provide for the prevention and abatement of all water and air pollution

including that related to particulates, gases, dust, vapors, noise, radiation,

odor, nutrients and heated liquids in accordance with article 3 of this chapter

and chapters

2 and 3 of this title.

11. Promote and recommend methods for the recovery, recycling and reuse

or, if recycling is not possible, the disposal of solid wastes consistent with

sound health, scenic and environmental quality policies. Beginning in 2014,

the department shall report annually on its revenues and expenditures

relating to the solid and hazardous waste programs overseen or administeredby the department.

12. Prevent pollution through the regulation of the storage, handling and

transportation of solids, liquids and gases that may cause or contribute to

pollution.

13. Promote the restoration and reclamation of degraded or despoiled areas

and natural resources.

14. Assist the department of health services in recruiting and training state,

local and district health department personnel.

15. Participate in the state civil defense program and develop the necessary

organization and facilities to meet wartime or other disasters.

16. Cooperate with the Arizona-Mexico commission in the governor’s office

and with researchers at universities in this state to collect data and conduct
that addresses the same subject matter. This provision shall not be

construed to adversely affect standards adopted by an Indian tribe under

federal law.

B. The department, through the director, shall:

1. Contract for the services of outside advisers, consultants and aides

reasonably necessary or desirable to enable the department to adequatelyperform its duties.

2. Contract and incur obligations reasonably necessary or desirable within the

general scope of department activities and operations to enable the

department to adequately perform its duties.

3. Utilize any medium of communication, publication and exhibition when

disseminating information, advertising and publicity in any field of its

purposes, objectives or duties.

4. Adopt procedural rules that are necessary to implement the authority

granted under this title, but that are not inconsistent with other provisions of

this title.

5. Contract with other agencies, including laboratories, in furthering any

department program.

6. Use monies, facilities or services to provide matching contributions under

federal or other programs that further the objectives and programs of the

department.7. Accept gifts, grants, matching monies or direct payments from public or

private agencies or private persons and enterprises for department services

and publications and to conduct programs that are consistent with thegeneral purposes and objectives of this chapter. Monies received pursuant to

this paragraph shall be deposited in the department fund corresponding tothe service, publication or program provided.

8. Provide for the examination of any premises if the director has reasonablecause to believe that

a violation of any environmental law or rule exists or is

being committed on the premises. The director shall give the owner or

operator the opportunity for its representative to accompany the director onan examination of those premises. Within forty-five days after the date of the

examination, the department shall provide to the owner or operator

a copy of

any report produced as

a result of any examination of the premises.

9. Supervise sanitary engineering facilities and projects in this state,authority for which is vested in the department, and own or lease land on

which sanitary engineering facilities are located, and operate the facilities, if

the director determines that owning, leasing or operating is necessary for the

public health, safety or welfare.
adequate size and capacity to deliver specified minimum quantities ofdrinking water and to treat all sewage.

(b) Provide that the design documents showing or describing the water

supply, sewage disposal and garbage collection facilities be submitted with

a

fee to the department for review and that no lots in any subdivision be

offered for sale before compliance with the standards and rules has beendemonstrated by approval of the design documents by the department.

12. Prescribe reasonably necessary measures to prevent pollution of water

used in public or semipublic swimming pools and bathing places and to

prevent deleterious conditions at such places. The rules shall prescribeminimum standards for the design of and for sanitary conditions at any public

or semipublic swimming pool or bathing place and provide for abatement as

public nuisances of premises and facilities that do not comply with the

minimum standards. The rules shall be developed in cooperation with the

director of the department of health services and shall be consistent with the

rules adopted by the director of the department of health services pursuant

to section 36-136, subsection H, paragraph 10.

13. Prescribe reasonable rules regarding sewage collection, treatment,

disposal and reclamation systems to prevent the transmission of sewage

borne or insect borne diseases. The rules shall:(a) Prescribe minimum standards for the design of sewage collection systems

and treatment, disposal and reclamation systems and for operating the

systems.

(b) Provide for inspecting the premises, systems and installations and for

abating as

a public nuisance any collection system, process, treatment plant,

disposal system or reclamation system that does not comply with the

minimum standards.(c) Require that design documents for all sewage collection systems, sewage

collection system extensions, treatment plants, processes, devices,equipment, disposal systems, on-site wastewater treatment facilities and

reclamation systems be submitted with

a fee for review to the department

and may require that the design documents anticipate and provide for future

sewage treatment needs.

(d) Require that construction, reconstruction, installation or initiation of any

sewage collection system, sewage collection system extension, treatment

plant, process, device, equipment, disposal system, on-site wastewater

treatment facility or reclamation system conform with applicable

requirements.

14. Prescribe reasonably necessary rules regarding excreta storage,

handling, treatment, transportation and disposal. The rules shall:
require payment of

a fee as

a condition of licensure. After the effective date

of this amendment to this section, the department shall establish by rule

a

fee as

a condition of licensure, including

a maximum fee. As part of the rule

making process, there must be public notice and comment and

a review of

the rule by the joint legislative budget committee. After September 30, 2013,the department shall not increase that fee by rule without specific statutory

authority for the increase. The fees shall be deposited, pursuant to sections

35-146 and 35-147, in the solid waste fee fund established by section 49-

881.

15. Perform the responsibilities of implementing and maintaining

a data

automation management system to support the reporting requirements of

title III of the superfund amendments and reauthorization act of 1986 (P.L.

99-499) and title 26, chapter 2, article 3.

16. Approve remediation levels pursuant to article

4 of this chapter.

17. Establish or revise fees by rule pursuant to the authority granted under

title 44, chapter 9, article

8 and chapters

4 and 5 of this title for the

department to adequately perform its duties. All fees shall be fairly assessed

and impose the least burden and cost to the parties subject to the fees. In

establishing or revising fees, the department shall base the fees on:

(a) The direct and indirect costs of the department’s relevant duties,

including employees salaries and benefits, professional and outside services,

equipment, in-state travel and other necessary operational expenses directly

related to issuing licenses as defined in title 41, chapter

6 and enforcing the

requirements of the applicable regulatory program.(b) The availability of other funds for the duties performed.(c) The impact of the fees on the parties subject to the fees.

(d) The fees charged for similar duties performed by the department, other

agencies and the private sector.

C. The department may:

1. Charge fees to cover the costs of all permits and inspections it performs to

ensure compliance with rules adopted under section 49-203, except that

state agencies are exempt from paying the fees. Monies collected pursuant to

this subsection shall be deposited, pursuant to sections 35-146 and 35-147,

in the water quality fee fund established by section 49-210.

2. Contract with private consultants for the purposes of assisting the

department in reviewing applications for licenses, permits or other

authorizations to determine whether an applicant meets the criteria forissuance of the license, permit or other authorization. If the department

contracts with

a consultant under this paragraph, an applicant may request

that the department expedite the application review by requesting that the
property in transit through this state and any vehicle in which the person orproperty is being transported and detain or disinfect the person, property or

vehicle as reasonably necessary to protect the environment if a violationexists.

2. Authorize in writing any qualified officer or employee in the department toperform any act that the director is authorized or required to do by law.
otherwise provided by the clean air act, inconsistent with any provision of the

clean air act, or revised by the administrator. No control requirement ineffect, or required to be adopted by an order, settlement agreement or plan

in effect, before the enactment of the clean air act in any area which is

a

nonattainment or maintenance area for any air pollutant may be modified

after enactment in any manner unless the modification insures equivalent or

greater emission reductions of the air pollutant. The director shall evaluateand adopt revisions to the plan in conformity with federal regulations and

guidelines promulgated by the administrator for those purposes until the

rules required by subsection

B are effective.
maintenance area for which no metropolitan planning organization exists, the

department shall be certified as the agency responsible for development of

a

nonattainment or maintenance area plan for that area.

C. For any ozone, carbon monoxide or particulate nonattainment or

maintenance area, the department, the planning agency certified pursuant to

subsection

A of this section on behalf of elected officials of affected local

government, the county air pollution control department or district, and the

department of transportation shall, by November 15, 1992, and from time to

time as necessary, jointly review and update planning procedures or develop

new procedures.D. In preparing the procedures described in subsection

C of this section, the

department, the planning agency certified pursuant to subsection

A of this

section on behalf of elected officials of affected local government, the countyair pollution control department or district, and the department of

transportation shall determine which elements of each revised

implementation plan will be developed, adopted, and implemented, through

means including enforcement, by the state and which by local governments

or regional agencies, or any combination of local governments, regionalagencies or the state.E. The department, the planning agency certified pursuant to subsection

A of

this section on behalf of elected officials of affected local government, the

county air pollution control department or district, and the department of

transportation shall enter into

a memorandum of agreement for the purpose

of coordinating the implementation of the procedures described in subsectionC and

D of this section.

F. At

a minimum, the memorandum of agreement shall contain:

1. The relevant responsibilities and authorities of each of the coordinating

agencies.

2. As appropriate, procedures, schedules and responsibilities for development

of nonattainment or maintenance area plans or plan revisions and fordetermining reasonable further progress.

3. Assurances for adequate plan implementation.

4. Procedures and responsibilities for tracking plan implementation.

5. Responsibilities for preparing demographic projections including land use,

housing, and employment.

6. Coordination with transportation programs.7. Procedures and responsibilities for adoption of control measures and

emissions limitations.8. Responsibilities for collecting air quality, transportation and emissionsdata.
(e) Results of modeling done in support of the plan.(f) Monitoring data.

G. Each agency that commits to implement any emission limitation or other

control measure, means or technique contained in the implementation planshall describe that commitment in

a resolution adopted by the appropriate

governing body of the agency. The resolution shall specify the following:

1. Its authority for implementing the limitation or measure as provided in

statute, ordinance or rule.

2.

A program for the enforcement of the limitation or measure.

3. The level of personnel and funding allocated to the implementation of themeasure.

H. The state, in accordance with the rules adopted pursuant to section 49-

404, and the governing body of the metropolitan planning organization shall

adopt each nonattainment or maintenance area plan developed by

a certified

metropolitan planning organization. The adopted nonattainment ormaintenance area plan shall be transmitted to the department for inclusion in

the state implementation plan provided for under section 49-404.

I. After adoption of

a nonattainment or maintenance area plan, if on the

basis of the reasonable further progress determination described in

subsection

F of this section or other information, the control officer

determines that any person has failed to implement an emission limitation or

other control measure, means or technique as described in the resolutionadopted pursuant to subsection

G of this section, the control officer shall

issue

a written finding to the person, and shall provide an opportunity to

confer. If the control officer subsequently determines that the failure has not

been corrected, the county attorney, at the request of the control officer,

shall file an action in superior court for

a preliminary injunction,

a permanent

injunction, or any other relief provided by law.

J. After adoption of

a nonattainment or maintenance area plan, if, on the

basis of the reasonable further progress determination described in

subsection

F of this section or other information, the director determines that

any person has failed to implement an emission limitation or other control

measure, means or technique as described in the resolution adopted

pursuant to subsection

G of this section, and that the control officer has

failed to act pursuant to subsection I of this section, the director shall issue

a

written finding to the person and shall provide an opportunity to confer. If

the director subsequently determines that the failure has not been corrected,the attorney general, at the request of the director, shall file an action in

superior court for

a preliminary injunction,

a permanent injunction, or any

other relief provided by law.
or maintenance area plan for that area.

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an official submission for purposes ofreview under §51.103,” Submission ofplans, preliminary review ofplans.

Appendix V requires the following to be included in plan submissions for review by EPA:

1. “A formal letter of submittal from the Governor or his designee, requesting EPA approval of the

plan or revision thereof (hereafter “the plan”).” [Appendix V, 2.1(a)]

See cover letter.

2. “Evidence that the State has adopted the plan in the State code or body of regulations; or issued

the permit, order, consent agreement (hereafter “document”) in final form. That evidence shallinclude the date of adoption or final issuance as well as the effective date of the plan, if differentfrom the adoption/issuance date.” [Appendix V, 2.1(b)]

See cover letter.

3. “Evidence that the State has the necessary legal authority under State law to adopt and

implement the plan.” [Appendix V, 2.1(c)]

See cover letter and Enclosure 1.

4. “A copy of the actual regulation, or document submitted for approval and incorporation by

reference into the plan, including indication of the changes made (such as, redline/strikethrough)

to the existing approved plan, where applicable ...“ [Appendix V, 2.1(d)]

See “MAG 2013 Carbon Monoxide Maintenance Plan for the Maricopa County Area, March 2013” in

Enclosure 3.

5. “Evidence that the State followed all of the procedural requirements of the State’s laws and

constitution in conducting and completing the adoption/issuance of the plan.” [Appendix V,

2.1(e)]

See cover letter and Enclosure 3, Appendix B.

6. “Evidence that public notice was given of the proposed change consistent with procedures

approved by EPA, including the date of publication ofsuch notice.” [Appendix V, 2.J(f)1See Enclosure 3, Appendix B.

7. “Certification that public hearing(s) were held in accordance with the information provided in the

public notice and the State’s laws and constitution, if applicable and consistent with the publichearing requirements in 40 CFR 51.102.” [Appendix V, 2.1(g)]
10. “Identification of the locations of affected sources including the EPA attainment/nonattainment

designation of the locations and the status of the attainment plan for the affected areas(s).”

[Appendix V. 2.2 (b)j V

See Enclosure 3. V

11. “Quantification of the changes in plan allowable emissions from the affected sources; estimates of

changes in current actual emissions from affected sources or, where appropriate, quantification of

changes in actual emissions from affected sources through calculations Of the differences betweencertain baseline levels and allowable emissions anticipated as a result of the revision.” [Appendix

V, 2.2(c)]

See Enclosure 3. V

12. “The State’s demonstration that the national ambient air quality standards, prevention of

significant deterioration increments, reasonable further progress demonstration, and visibility, asapplicable, are protected if the plan is approved and implemented. For all requests to redesignatean area to attainment for a national primary ambient air quality standard, under section 107 of

the Act, a revision must be submitted to provide for the maintenance of the national primaryambient air quality standards for at least 10 years as required by section 175A of the Act.”

[Appendix V, 2.2(d)]

See Enclosure 3.

13. “Modeling information required to support the proposed revision, including input data, output

data, models used, justification of model selections, ambient monitoring data used, meteorological

data used, justification for use of offsite data (where used), modes of models used, assumptions,and other information relevant to the determination of adequacy of V the modeling analysis.” V

[Appendix V. 2 2(e)]

See Enclosure 3

14. “Evidence, where necessary, that emission limitations are based on continuous emission reduction

V

technology.” [Appendix V, 2.2(f)] V VV

See Enclosure 3.

15. “Evidence that the plan contains emission limitations, work practice standards and

recordkeeping/reporting requirements, where necessary, to ensure emission levels.” [Appendix V,

2.2(g)]

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•1••
Dear Mr. Darwin:

As the designated Regional Air Quality Planning Agency, the Maricopa Association of Governments Regional

Council adopted the MAG 2013 Carbon Monoxide Maintenance Plan for the Maricopa County Area on March

27, 2013. There have been no violations of the one-hour carbon monoxide standard since 1984 and no

violations of the eight-hour standard since 1996. At this time, it is requested that the Arizona Department of

Environmental Quality officially submit the MAG 2013 Carbon Monoxide Maintenance Plan for the Mancopa

County Area to the Environmental Protection Agency (EPA) for approval.

The MAG 2013 Carbon Monoxide Maintenance Plan is designed to meet the requirements of Section I 75A(b)

of the Clean Air Act and is the second maintenance plan for this region. The plan demonstrates continued

maintenance of the carbon monoxide standards through 2025 with a maximum eight-hour carbon monoxide

concentration of 4.0 parts per million against a standard of 9.0. The plan relies upon existing maintenance

measures from the MAG 2003 Carboh Monoxide Maintenance Plan, which was approved by EPA on April 8,

2005.

As required by the-Clean Air Act, the MAG 2013 Carbon Monoxide Maintenance Plan includes contingency

measures, which achieve emissions reductions beyond those measures relied upon for maintenance of the

standard. For conformity, the plan establishes a 2025 motor vehicle emissions budget of 559.4 metric tons per

day for the carbon monoxide maintenance area.

In accordance with the Clean Air Act, a public hearing was conducted on the plan on February 19. 2013. The

public heanng process documentation is contained in Appendix B, Exhibit I Foryour convenience, three hard

copies of the MAG 2013 Carbon Monoxide Maintenance Plan for the Mancopa County Area and three CDs

are provided. Each CD is an exact duplicate of the hard copy.

We are looking forward to working cooperatively with the Anzona Department of Environmental Quality in our

continuing effortsto improve air quality. Ifyou have any questions, please do not hesitate to contact Lindy Baueror me at (602) 254-6300.

Sincerely,

Dennis SmithExecutive Director

cc: Eric Massey, Arizona Department of Environmental Quality

Colleen McKaughan, Environmental Protection Agency

A Voluntary Association of Local Governments in Maricopa County ---- —-—------ --— -

City of Apache Junction A City of Avondale A Town of Buckeye A Town of Carefree A Town of Cave Creek A City of Chandler A City of El Mirage A Fort McDowell Yavepai Nation A Town of Fountain Hills A Town of Gila Send

Gila River indian Community A Town of Gilbert A City of Glendale A City of Goodyear A Town of Guadalupe A City of Litchrield Park A Mericopa County A City of Mesa A Town of Paradise Valley A City of Peoria A City of Phoenix

Town of Oueen Creek A Salt River Pirna-Maricopa Indian Community A City of Scottsdale A City of Surprise A City of Tempe A City of Tolleson A Town of Wickenburg A Town of Youngtown A Arizona Department of Transportation