Enclosure 1 

State Implementation Plan Revisions: 

x CAA Section 110(a)(2)(D) for 2008 Ozone NAAQS 

x CAA Section 110(a)(2)(D) for 2010 Nitrogen Dioxide NAAQS 

x CAA Section 110(a)(2)(K) for all future and previous NAAQS 
SIP Revision: Clean Air Act 

Section 110(a)(2)(D) 

2008 Ozone 

National Ambient Air Quality Standards 

Air Quality Division 

December 3, 2015 FINAL 
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SIP Revision: Clean Air Act Section 110(a)(2)(D) 

Table of Contents 

Table of Contents ............................................................................................................................ iii

List of Appendices ........................................................................................................................... iii

Completeness Criteria (40 C.F.R. Part 51, Appendix V, § 2.0) ....................................................... iv

1 Introduction ........................................................................................................................ 1

2 Clean Air Act Transport Requirements ............................................................................... 2

3 Arizona’s Impact on Downwind States ............................................................................... 3

4 Arizona Source Overview .................................................................................................... 4

5 Controls on Anthropogenic Emissions in Arizona ............................................................... 5

6 Meteorology Affecting Transport ....................................................................................... 6

7 Conclusion ........................................................................................................................... 7

List of Appendices 

Appendix A: Source Maps for NOx and VOCs 

Appendix B, Table 1: VOC Data from 2011 NEI and Non-Exhaustive List of Source Sector 

Controls 

Appendix B, Table 2: NOx Data from 2011 NEI and Non-Exhaustive List of Source Sector 

Controls 

Appendix C: Arizona Regional Haze Plan: Controls and Cost Effectiveness 

Appendix D: Electric Generating Facilities’ Allowable Emissions in Maricopa County 

According to Arizona’s 2009 Boundary Recommendation for 2008 Ozone 

NAAQS 

Appendix E: HYSPLIT Ensemble Modeled Trajectories on May 4, 2011 (and May 25, 

2011) 

December 3, 2015 FINAL Page iii 
SIP Revision: Clean Air Act Section 110(a)(2)(D) 

Completeness Criteria 

(40 C.F.R. Part 51, Appendix V, § 2.0) 

Appendix V § 2.1 - Administrative Materials 

(a) A formal signed, stamped, and dated letter of submittal from 

the Governor or his designee, requesting EPA approval of the plan or 

revision thereof (hereafter “the plan”). If electing to submit a paper 

submission with a copy in electronic version, the submittal letter must 

verify that the electronic copy provided is an exact duplicate of the 

paper submission. 

See the cover letter for this SIP submission signed by Eric C. Massey, Director of the ADEQ Air 

Quality Division, and Enclosure 2 which contains delegation of authority from Misael Cabrera, 

Director of ADEQ and the Governor’s designee, to Mr. Massey to perform any act the ADEQ 

Director is authorized to perform. 

(b) 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 shall include the 

date of adoption or final issuance as well as the effective date of the plan, 

if different from the adoption/issuance date. 

See cover letter. 

(c) Evidence that the State has the necessary legal authority 

under State law to adopt and implement the plan. 

Arizona is authorized to adopt and implement SIPs under Arizona Revised Statutes §§ 49-104, 

49-106, 49-404, 49-406 and 49-425, unofficial copies of which are attached in Enclosure 2. 

December 3, 2015 FINAL Page iv 
SIP Revision: Clean Air Act Section 110(a)(2)(D) 

(d) 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. The submission shall include 

a copy of the official State regulation/document, signed, stamped, and 

dated by the appropriate State official indicating that it is fully 

enforceable by the State. The effective date of any regulation/document 

contained in the submission shall, whenever possible, be indicated in the 

regulation/document itself; otherwise the State should include a letter 

signed, stamped, and dated by the appropriate State official indicating 

the effective date. If the regulation/document provided by the State for 

approval and incorporation by reference into the plan is a copy of an 

existing publication, the State submission should, whenever possible, 

include a copy of the publication cover page and table of contents. 

 Not applicable. 

 (e) 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. 

Proof that ADEQ followed procedural requirements of Arizona State laws and Arizona’s 

Constitution to adopt this plan is located in Enclosure 2. 

(f) Evidence that public notice was given of the proposed change 

consistent with procedures approved by EPA, including the date of 

publication of such notice. 

An Affidavit of Publication, proof that ADEQ gave notice of the SIP Revision in accordance with 

A.R.S. § 49-444, is attached in Enclosure 2. The Arizona Republic newspaper published ADEQ’s 

SIP revision notice on October 16, 2015, and October 19, 2015. Public notice was also given 

through ADEQ’s website and sent to a subscriber list of interested stakeholders on October 16, 

2015. 

(g) 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 public hearing 

requirements in 40 CFR 51.102. 

The certification and other documents related to the public hearing held on November 17, 

2015, are attached in Enclosure 2. 

December 3, 2015 FINAL Page v 
SIP Revision: Clean Air Act Section 110(a)(2)(D) 

(h) Compilation of public comments and the State’s response 

thereto. 

The public comment responsiveness summary is attached in Enclosure 2. 

Appendix V § 2.1 - Technical Support 

(a) Identification of all regulated pollutants affected by the plan. 

The regulated pollutant is ozone. 

(b) 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). 

Not Applicable. 

(c) 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 between certain baseline levels and allowable 

emissions anticipated as a result of the revision. 

Not applicable. 

(d) The State's demonstration that the national ambient air 

quality standards, prevention of significant deterioration increments, 

reasonable further progress demonstration, and visibility, as applicable, 

are protected if the plan is approved and implemented. For all requests 

to redesignate an 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 primary 

ambient air quality standards for at least 10 years as required by section 

175A of the Act. 

Applicable demonstrations are made within the body of this infrastructure SIP revision and 

supplement demonstrations previously submitted. 

December 3, 2015 FINAL Page vi 
SIP Revision: Clean Air Act Section 110(a)(2)(D) 

(e) 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 the modeling analysis. 

Modeling was not a necessary component of this SIP, but some meteorological analysis is 

included within the body of the SIP revisions and attached appendices. 

(f) Evidence, where necessary, that emission limitations are 

based on continuous emission reduction technology. 

Not applicable. 

 (g) Evidence that the plan contains emission limitations, work 

practice standards and recordkeeping/reporting requirements, where 

necessary, to ensure emission levels. 

Not applicable. 

 (h) Compliance/enforcement strategies, including how 

compliance will be determined in practice. 

Not applicable. 

(i) Special economic and technological justifications required by 

any applicable EPA policies, or an explanation of why such justifications 

are not necessary. 

No known deviations from EPA policy. 

December 3, 2015 FINAL Page vii 
SIP Revision: Clean Air Act Section 110(a)(2)(D) 

1 Introduction 

This State Implementation Plan (SIP) revision addresses the Clean Air Act interstate transport 

requirements for the 2008 Ozone National Ambient Air Quality Standards (NAAQS), for which 

precursors are nitrogen oxides (NOx) and volatile organic compounds (VOC). The explanation 

below supports a negative declaration of significant contribution of interstate transport to 

surrounding nonattainment and maintenance areas. In addition, other aspects of the transport 

requirement are satisfied or are expected to be sufficiently addressed through Regional Haze 

SIPs, Federal Implementation Plans (FIPs), rules, and the ongoing New Source ReviewPrevention of Significant Deterioration (NSR-PSD) revision1

. 

1 See generally Revisions to Air Plan; Arizona; Stationary Sources; New Source Review, 80 Fed. Reg. 14044 

(proposed Mar. 18, 2015). 

December 3, 2015 FINAL Page 1 

 
SIP Revision: Clean Air Act Section 110(a)(2)(D) 

2 Clean Air Act Transport Requirements 

Under the Clean Air Act (C.A.A.) § 110(a)(2)(D), each State Implementation Plan (SIP) shall 

contain adequate provisions to prohibit any source or type of emission activity from 

contributing significantly to any other state’s nonattainment of a national ambient air quality 

standard (NAAQS) or from interfering with maintenance of such NAAQS. Also, a SIP shall 

prohibit any source or emission activity from interfering with any other state’s ability to comply 

with prevention of significant deterioration of air quality or from protecting visibility. Finally, a 

state must show in its SIP that it is ensuring compliance with requirements of interstate and 

international pollution abatement as set forth in CAA §§ 115 and 126.2

 

The United States Environmental Protection Agency (EPA) has established the Cross State Air 

Pollution Rule (CSAPR) and its predecessor transport rules to address the collective 

contributions from the 37 states in the Eastern United States. The 11 Western U.S. states, 

including Arizona, have not been formally evaluated for transport rule applicability; hence, no 

specific rule is applicable other than the general authority of the statute. The EPA has recently 

issued a policy memorandum3

 in which the EPA states that it will evaluate certain western state 

contributions on a case-by-case basis. 

2

 Clean Air Act (CAA) § 110(a)(2)(D), 42 U.S.C. § 7410(a)(2)(D) (1990). 

3

 Memorandum: Information on the Interstate Transport “Good Neighbor” Provision for the 2008 Ozone NAAQS 

under the CAA, “Good Neighbor Memo,” Steven D. Page, Director, Office of Air Quality Planning and Standards, 

U.S. EPA. January 22, 2015. 

December 3, 2015 FINAL Page 2 

 
SIP Revision: Clean Air Act Section 110(a)(2)(D) 

3 Arizona’s Impact on Downwind States 

Arizona has been in close communication with the EPA regarding transport since the release of 

the transport memo and associated modeling. EPA’s initial modeling released in January 2015 

indicated Arizona would potentially impact downwind nonattainment receptors, specifically the 

El Centro monitor in Imperial County, CA.4 5 Updated modeling results released in July 2015 

showed Arizona also potentially significantly impacts only one of seven Los Angeles area 

monitors6 7 and contributes a small amount to other states, which does not significantly 

interfere with the areas’ attainment or maintenance of the 2008 ozone NAAQS. 

In eastern states, the EPA has chosen a 1% of the standard threshold as a significant 

contribution. However, Arizona considers the Southwest to be different.8

 One of the strongest 

rationale’s in the East in support of a one percent threshold is that it captures a high 

percentage of the total pollution transport affecting downwind nonattainment areas, areas 

where nonattainment problems result from the combined impact of relatively small 

contributions from many upwind states.9

 It is unclear at this point what threshold is significant 

for southwestern states. According to the modeling, an L.A. monitor receives interstate 

transport totaling 1.98 ppb, of which Arizona is said to contribute 0.86 ppb, making Arizona’s 

contribution alone 40% of the total transport.10 In this instance, Arizona’s contribution is a little 

less than half of the total transport, but it is still not clear that 0.86 ppb or even the total 1.98 

ppb is a significant contribution to a nonattainment area where the projected 2017 design 

value is projected to be 86 ppb. When considering the controls already in place in Arizona, the 

total amount of aggregated transported pollution to the Imperial and L.A. monitors relative to 

the design values in those areas, and the difference in geography between the East and the 

West, Arizona doubts that its transport significantly impacts any areas in California. 

4

 Monitor ID: 60251003. 

5

 Air Quality Modeling Technical Support Document for the 2008 Ozone NAAQS Transport Assessment, Appendix C, 

Office of Air Quality Planning and Standards, U.S. EPA, January 2015. 6

 Monitor ID: 60379033. 

7

 Updated Air Quality Modeling Technical Support Document for the 2008 Ozone NAAQS Transport Assessment, 

Appendix C, Office of Air Quality Planning and Standards, U.S. EPA, August 2015. 

8

 For example, consider the Allegan County Monitor (#260050003) where the aggregate modeled interstate 

pollution contribution is 30 ppb, with the majority of individual interstate contributions modeled to be under 3 

ppb, and all to be under 10 ppb. There are large numbers of smaller contributions that have significant impacts to 

the grand total interstate pollution in Allegan County. These smaller contributions total nearly 40% of the total 

design value projected for the Allegan County monitor, which his 75.5 ppb. 

9

 Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP 

Approvals (CSAPR Final Rule), 76 FR 48208, 48237 (Aug. 8, 2011).

10 The Imperial monitor is a similar case, with interstate pollution totaling 3.35 ppb, Arizona’s modeled 

contribution listed as 1.78, totaling 53% of the total transport to a nonattainment area with a projected design 

value of 79.3 ppb. 

December 3, 2015 FINAL Page 3 

 
SIP Revision: Clean Air Act Section 110(a)(2)(D) 

4 Arizona Source Overview 

Arizona aggregated information from the 2011 National Emission Inventory (NEI) data (v.2) in 

the absence of a comprehensive statewide emissions inventory. 

The biogenic sector is by far the greatest contributor of emissions; it contributes more VOC 

emissions than all other sources combined. Biogenic contributions are followed by fires, 

particularly wildfires as the second largest source of VOC emissions. The highest contributing 

anthropogenic sector is mobile sources, followed by solvents, and then gas stations. From a 

point source perspective, VOC emissions originate in larger contributions from electric 

generating units (EGUs), airports, and several miscellaneous source categories aggregated 

together. The point source locations of EGUs, airports, and non-classified source categories are 

shown in Appendix A. Also, Appendix B, Table 1 lists the VOC emissions from all NEI source 

sectors, including area and mobile sources. 

Mobile sources are the highest contributors of NOx in Arizona, by far, followed by EGUs and 

fires, particularly wildfires. From a point source perspective, NOx emissions originate in larger 

contributions from EGUs by far, followed by the airport and Portland cement operations source 

categories.11 The locations of these highest emitting point sources are shown in Appendix A. 

Also, Appendix B, Table 2, lists the NOx emissions from all source sectors, including area and 

mobile sources. 

11 Note that the pulp and paper plant in Snowflake, AZ, which contributed most of the pulp and paper emissions, is 

no longer in operation. 

December 3, 2015 FINAL Page 4 

 
SIP Revision: Clean Air Act Section 110(a)(2)(D) 

5 Controls on Anthropogenic Emissions in Arizona 

Over the years, Arizona, including Maricopa County, has adopted and implemented SIP 

provisions that cover all VOC and NOx emitting sources and source categories. Federal rules, 

some state-delegated, also provide controls for emissions reductions. 

The EPA has focused its Good Neighbor transport control efforts on reducing NOx as a 

precursor pollutant for downwind ozone.12 One of the regulatory instruments the EPA uses to 

control NOx is the Regional Haze Rule, which outlines state requirements to address visibility 

impairment in national parks and wilderness areas. Under the Regional Haze Rule NOx emission 

sources, such as refineries, smelters, and coal-fired EGUs, may be controlled by Best Available 

Retrofit Technology (BART) to prevent haze. Besides mobile sources, EGUs are the largest 

contributors of NOx in the country, as well as in Arizona.13 Because NOx is a precursor for 

ozone, the Regional Haze Rule also helps to prevent ozone. Arizona has several sources subject 

to BART that are now or will be controlled in the near future. Many of the sources are 

controlled through Federal Implementation Plans (FIPs), and some are, or will soon be, 

controlled through SIPs. Appendix C lists facilities subject to BART and the associated SIP or FIP 

revision implementing such controls. No EGU in Maricopa County is subject to BART; however, 

ADEQ lists Maricopa County EGU NOx and VOCs emission limits in the State’s 2009 Ozone 

Boundary Recommendation, attached as Appendix D. 

Besides EGUs, Arizona, including Maricopa County, also has controls on many other sources 

within the state. Please see Appendix B for a non-exhaustive list of NEI source sector controls 

per Arizona State, Maricopa County, and Federal law. As a practical matter, Arizona focused on 

Maricopa County controls because Maricopa is the most populous county in the state and 

accounts for a large portion of all NOx and VOC emissions. Maricopa County is currently in the 

process of updating and increasing stringency of ozone preventative rules. A more stringent 

level of control will be in place by 2017. 

12 “Good Neighbor Memo,” supra note 3, at 3. 13 It is possible that some EGUs outside of Arizona’s jurisdiction contribute to the total level of NOx and ozone 

within Arizona but more data, especially meteorological, is needed to make this determination. 

December 3, 2015 FINAL Page 5 

 
SIP Revision: Clean Air Act Section 110(a)(2)(D) 

6 Meteorology Affecting Transport 

According to internal meteorological review, large scale airflow over Arizona is generally a 

westerly flow (from the west to the east). This circulation pattern is most pronounced in winter, 

bringing occasional storm systems that progress eastward on the westerly flow. In warmer 

months, high pressure produces a more southerly component to the airflow over the state. 

Arizona has complex topography, including many interconnected mountain ranges, creating 

barriers between local airsheds and preventing dispersion of emissions outside of local sources 

in the absence of synoptic storm systems. 

Because airflow over Arizona is predominantly from the west, Arizona is unlikely to significantly 

contribute long-range transport to a nonattainment area in California. 14 ADEQ utilized the 

HYSPLIT model to evaluate the 16 actual exceedance days in Imperial County in 2011, including 

both the El Centro – 9th Street and the Calexico-Ethel monitoring sites.15 The analysis included 

running 72 hour backward trajectories with an ensemble approach at both 10 meter and 500 

meter levels. The ensemble approach allows for a range of possible solutions by altering the 

initial conditions slightly. One can place higher confidence in a resultant trajectory if all of the 

modeled traces align into the one trajectory. A wide range of solutions indicates that there is 

wide potential for actual variance. Air parcel trajectories originating at 10 meters were used to 

capture ground level ozone, while 500 meters was chosen to account for potential dispersion of 

ozone within the planetary boundary layer. After reviewing trajectory analyses, it was found 

that only one exceedance day, May 4, 2011, had potential for Arizona contribution,16 shown in 

the attached Appendix E.

17 The ensemble HYSPLIT 72 hour backward trajectories for this date 

indicate a variety of model solutions, with only some solutions indicating possible air parcel 

traces originating from Arizona into California. It should be noted that not all ensemble 

members crossed over Arizona, which lowers confidence that Arizona significantly contributed 

to Imperial County’s exceedance on that day. 

14 Regional-scale Transport of Air Pollutants: Impacts of Southern California Emissions on Phoenix Ground-Level 

Ozone Concentrations, J. Li et al., Atmospheric Chemistry and Physics Discussions, 15, 8361-8401 (2015). 15 Imperial County Air Pollution District, Annual Network Plan for Ambient Air Monitoring, July 2012, available at 

http://www.epa.gov/ttnamti1/files/networkplans/CAImperialPlan2012.pdf. 16 This one exceedance day displays relatively uncommon wind patterns. Another year may not include an 

exceedance day with meteorological patterns such as this. 

17 For contrast, also attached in Appendix E are examples of a more common trajectory into Imperial County during 

the May-June timeframe, traveling from west to east, from northern California to southern California. 

December 3, 2015 FINAL Page 6 

 
SIP Revision: Clean Air Act Section 110(a)(2)(D) 

7 Conclusion 

In summary, with respect to preventing pollution transport, all emitting NEI source sectors for 

both VOCs and NOx in Arizona are sufficiently controlled by Regional Haze Plans, other 

statewide statutes and regulations, Maricopa County regulations, and federal regulations. 

Arizona has few, if any, uncontrolled significant anthropogenic source types that are under 

Arizona’s jurisdiction. It is likely, considering observed meteorology and anthropogenic source 

controls, that Arizona’s SIP provisions are adequate to prevent significant contribution to a 

nonattainment area and to prevent another area’s maintenance of the NAAQS. Arizona’s 

expected and observed meteorological conditions make significant transport to the west of the 

state especially unusual and difficult. Current Regional Haze FIPs and SIPs protect Class I area 

visibility. ADEQ is unaware of any international pollution or interstate abatement claim 

pursuant to C.A.A. §§ 115 and 126, respectively.18 Additionally, any other aspects of the 

transport requirement are being sufficiently addressed through the ongoing NSR-PSD revision. 

All of the above supports a finding that Arizona’s SIP is adequate to comply with the transport 

requirements of CAA § 110(a)(2)(D). 

18 Clean Air Act (CAA) § 110(a)(2)(D), 42 U.S.C. § 7410(a)(2)(D) (1990). 

December 3, 2015 FINAL Page 7 

 
 ǣ     

 

 

 

 

 

Airports EGUs

Portland Cement Manufacturing Uncategorized Sources
Appendix B, Table 1ǣ    ʹͲͳͳ   Ǧ     

NEI Sector Emissions (TPY) Statewide Controls/Programs Maricopa County Controls/Programs Federal Controls/Program

BiogenicsͲVegetation and Soil 2102964.5

Bulk Gasoline Terminals 249.5344811 Incorporation of NSPS in A.A.C. Title 18,

Chapter 2, Article 9 Incorporation of NSPS in Maricopa County Rule 360 40 CFR 60, Subpart XX

Commercial Cooking 245.2226445 Commercial Bread Bakeries MC Rule 343

Fires Total 349637.61 A.R.S. § 49Ͳ501 Unlawful open burning, R18Ͳ2Ͳ

602Ͳ Unlawful Open Burning

Maricopa County Rule 314ͲOpen Outdoor Fires and

Indoor Fireplaces(commercial); enforcement of AZ

statute on open burning

Agricultural Field Burning 478.869369

Prescribed Fires 19881.51366

Wildfires 329277.2248

Commercial/Institutional Fuel Combustion Total 72.25443008

Voluntary permit operating limitations and

controls for emergency ICE to avoid higher

permitting thresholds, if applicable;

requirements for ICE not subject to NSPS in

A.A.C. R18Ͳ2Ͳ719; Incorporation of NSPS in

A.A.C. Title 18, Chapter 2, Article 9 and of

NESHAP in Article 11; various NSR/PSD

statutes and rules

Incorporation of NSPS in Maricopa County Rule 360

and NESHAP at MC Rule 370; NSR/PSD in MCRule

240

Various NSPS and NESHAP (including RICE

engine regulations)

Biomass 14.871998

Coal 0.2038

Natural Gas 56.48266376

Oil 0.298769198

Other 0.39719912

EGU Fuel Combustion Total 473.868081

Incorporation of NSPS in A.A.C. Title 18,

Chapter 2, Article 9 and of NESHAP in Article

11; various NSR/PSD statutes and rules,

Regional Haze SIPs and FIPs mostly forNOx

emissions (See Appendix C); Voluntary permit

operating limitations and controls for

emergency ICE to avoid higher permitting

thresholds, if applicable;various Standards of

Performance for Existing sources, in A.A.C.

Title 18, Chapter 2, Article 7 including

Standards of Performance for Existing fossilͲ

fuel fired EGUs A.A.C. R18Ͳ2Ͳ703

Incorporation of NSPS in Maricopa County Rule 360

and NESHAP at MC Rule 370; and NSR/PSD in MC

Rule 240

Various NSPS and NESHAP; Regional Haze

FIPS mostly for NOx emissions(See

Appendix C)

Biomass 1.32945

Coal 344.74522

Natural Gas 124.7896936

Oil 2.94002063

Other 0.063696766

Industrial Boilers Fuel Combustion Total 163.310713

Incorporation of NSPS in A.A.C. Title 18,

Chapter 2, Article 9 and of NESHAP in Article

11; various NSR/PSD statutes and rules;

Voluntary permit operating limitations to

avoid higher permitting thresholds, if

applicable

Incorporation of NSPS in Maricopa County Rule 360

and NESHAP at MC Rule 370; NSR/PSD in MC Rule 240 Various NSPS and NESHAP

Coal 12.7184

Natural Gas 140.2449639

Oil 7.279202655

Other 3.06814648

Residential Fuel Combustion Total 3176.663025 A.R.S. § 49Ͳ501 Unlawful open burning, R18Ͳ2Ͳ

602Ͳ Unlawful Open Burning Incorporation of NSPS in Maricopa County Rule 360

40 CFR 60 Subparts AAA; RRRR; QQQQͲ

NSPS for New Residential Wood Heaters

and New Residential Hydronic Heaters

and Forced Air Furnaces

Natural Gas 101.399049

Oil 0.054776833

Other 13.9149181

Wood 3061.294281

Gas Stations 12460.93819 Gasoline in Stationary Dispensing Tanks MC Rule 353 59 FR 16262 (1994) 40 CFR Parts 86, 88,

and 600 ORVR requirements

1
NEI Sector Emissions (TPY) Statewide Controls/Programs Maricopa County Controls/Programs Federal Controls/Program

Industrial Total 3273.174593

Incorporation of NSPS in A.A.C. Title 18,

Chapter 2, Article 9 and of NESHAP in Article

11; various NSR/PSD statutes and rules;

A.A.C. Title 18, Chapter 2, Article 7. Standards

of performance for various existing sources,

including Existing Asphalt Concrete Plants

(R18Ͳ2Ͳ708) and Existing Unclassified Sources

(R18Ͳ2Ͳ730)

Incorporation of NSPS in Maricopa County Rule 360

and NESHAP at MC Rule 370; NSR/PSD in MC Rule

240; Cutback and Emulsified Asphalt MC Rule 340;

Ferrous Sand Casting Rule 347; Storage of Organic

Liquids MC Rule 350; Loading of Organic Liquids MC

Rule 351; Rubber Sports Ball Manufacturing MC Rule

334; Semiconductor manufacturing MC Rule 338;

Pharmaceutical, Cosmetic and vitamin manufacturing

operations MC Rule 349; Metal Investment Casting

Rule 341

Various NSPS and NESHAP

IndustrialͲvarious including cement and chemical

manufacturing, mining, ferrous metals, oil and gas

production, nonͲferrous metals, pulp and paper

499.94

IndustrialͲStorage and Transfer 333.9973279

IndustrialͲnot elsewhere classified (but likely includes

rubber and plastics manufacturing) 2439.237265

NonͲIndustrial Misc.Ͳnot elsewhere classified 5080.757461

Incorporation of NSPS in A.A.C. Title 18,

Chapter 2, Article 9 and of NESHAP in Article

11; various NSR/PSD statutes and rules;

Standards of Performance for Unclassified

Sources,A.A.C R18Ͳ2Ͳ730

Incorporation of NSPS in Maricopa County Rule 360

and NESHAP at MC Rule 370; NSR/PSD in MC Rule

240; voluntary lawn and garden equipment

replacement program

Various NSPS and NESHAP

Waste Disposal 1201.568019

Incorporation of NSPS in A.A.C. Title 18,

Chapter 2, Article 9; Standards of Performance

for Unclassified Sources,A.A.C R18Ͳ2Ͳ730;

A.R.S. § 49Ͳ501 Unlawful open burning, R18Ͳ2Ͳ

602ͲUnlawful Open Burning; (R18Ͳ2Ͳ731 for

Standards of Performance for Existing

Municipal Solid Waste Landfills)

Incorporation of NSPS in Maricopa County Rule 360,

Incinerators, BurnͲoff Ovens, and Crematories in MC

Rule 313; Open Outdoor Fires and Indoor Fireplaces at

Commercial and Institutional MC Rule 314;

Hospital/Medial/Infectious Waste Incinerators MC

Rule 316; (Municipal Solid Landfills MC Rule 321)

Various NSPS and NESHAP

Solvent Total 49012.2252

Incorporation of NSPS in A.A.C. Title 18,

Chapter 2, Article 9; Standards of Performance

for Unclassified Sources,A.A.C R18Ͳ2Ͳ730;

Spray painting operations, A.A.C. R18Ͳ2Ͳ727

Solvent Cleaning MC Rule 331; Petroleum Solvent Dry

Cleaning Rule 333; Architectural Coatings MC Rule 335;

Surface Coating Operations MC Rule 336; Graphic Arts

Rule 337; Vegetable Oil Extraction Processes MC Rule

339; Coating Wood Furniture and Fixtures MC Rule

342; Coating Wood Millwork MC Rule 346; Aerospace

Manufacturing and Rework Operations MC Rule 348

Various NSPS and NESHAP

Consumer & Commercial Solvent Use 33866.74635

Degreasing 1381.193203

Dry Cleaning 26.4213

Graphic Arts 291.649

Industrial Surface Coating & Solvent Use 6049.591795

NonͲIndustrial Surface Coating 7396.62355

Mobile

Aircraft 718.1091359 Tier 6 & Tier 8 Aircraft Standards, and

other Federal standards

Locomotives 1228.283095

regulation of mobile sources including

locomotives40 CFR Parts 85, 86, 600,

1033, 1036,

1037, 1039, 1065, 1066, and 1068

NonͲroad equipment 38223.47217

Tier 3 & Tier 4,40 CFR part 89 & 1039

and other emission and control

requirements

Diesel 2502.565804

Gasoline 35353.52567

Other 367.3807007

OnͲRoad 51893.18333

Annual Emissions Inspection of Motor Vehicles

in Area A & B A.R.S. §§ 49Ͳ541Ͳ49Ͳ558.01;

Vehicle Emissions Inspection Rules in Title 18,

Chapter 2, Article 10; Emissions control and

clean burning or alternative fuel requirements

for buses A.R.S. §§ 49Ͳ571Ͳ49Ͳ573;Travel

Reduction Program in Area A in A.R.S. §§ 49Ͳ

581Ͳ49Ͳ593; Goal to provide alternative fuel

stations statewide network A.R.S. § 49Ͳ413 ;

ADEQ to require exemption justifications for

nonͲalternative fuel government vehicles

A.R.S. § 49Ͳ412

In Maricopa County: Various public awarenessand

alternative transportation encouragement programs,

Mass Transit alternatives; Coordiation of Traffic Signal

Systems; Ordinance PͲ21Ͳ Vehicle Idling Restriction

(Diesel)

Tier 2 & Tier 3 emission standards and

gasoline sulfur program; control of

hazardous air pollutants from mobile

sources; onͲboard refueling vapor

recovery (ORVR), Exhaust and

evaporative emission standards for lightͲ

duty vehicles and trucks, heavy duty

diesel fuel sulfur control requirements;

Compliance Assurance Program 2000 for

standard durability;and other emission

and control requirements

Diesel Heavy Duty Vehicles 5903.854116

Diesel Light Duty Vehicles 893.52308

nonͲDiesel Heavy Duty Vehicles 639.3583331

nonͲDiesel Light Duty Vehicles 44456.4478

*Beginning in 2015, Maricopa County Air Quality Department intends to revise rules related to VOC's to make them more stringent. These rule revisions should be

implemented by 2017. For more information on these rulemakings: http://www.maricopa.gov/regulations/aq/pdf/meetings/AQEROPItems_2015Ͳ06Ͳ05.pdf

**The above listed rules and statutes are currently enforced in Arizona, but not all of them are necessarily updated into or approved into the SIP. ADEQ is not requesting EPA action on any of the above listed rules and statutes.

2
Appendix B, Table 2ǣ   ʹͲͳͳ   Ǧ   



NEI Sector Emissions (TPY) Statewide Controls Maricopa County Controls Federal Controls

BiogenicsͲVegetation and Soil 14234.169

Fires Total 21577.14768

A.R.S. § 49Ͳ501 Unlawful open

burning, R18Ͳ2Ͳ602ͲUnlawful

Open Burning, R18Ͳ2Ͳ1501

through 1515 Forest and Range

Management Burns

Rule 314ͲOpen Outdoor Fires and Indoor

Fireplaces (Commercial/Institution)

Agricultual Field Burning 265.8575814

Prescribed 1079.060345

Wildfires 20232.22975

Comm/Institutional Fuel Combustion Total 1407.607628

Rule 323ͲFuel Burning Equipment from

Industrial/Commercial/ Institutional

Sources; Rule 324ͲStationary Internal

Combustion Engines

Various NSPS and NESHAP

(including RICE engine

regulations)

Biomass 169.913893

Coal 0.033

Natural Gas 1223.298954

Oil 12.4752333

Other 1.886548

EGU Fuel Combustion Total 35431.39268

Incorporation of NSPS and

NESHAP generally in A.A.C. Title

18, Chapter 2, Ariticle 9 and 11,

A.A.C. R18Ͳ2Ͳ903Ͳ NSPS Fossil

Fuel generators,various

Standards of Performance for

Existing sources, in A.A.C. Title

18, Chapter 2, Article 7

including A.A.C. R18Ͳ2Ͳ703

Standards of Performance for

Existing fossilͲfuel fired EGUs ;

R18Ͳ2Ͳ1605 Regional haze

rules (See Appendix C),

(backstop) State Standards of

Performance for Mercury

(including boiler tuneͲups) at

A.A.C. R18Ͳ2Ͳ734

Rule 322ͲPower Plant Operations; Rule

324ͲStationary Internal Combustion

Engines

Regional Haze FIPs(See

Appendix C), 40 CFR 63 Subpart

UUUUU, MATs ruleͲboiler tuneͲ

ups, Various NSPS & NESHAP

Biomass 210.961

Coal 32752.29

Natural Gas 2401.903793

Oil 65.43994248

Other 0.79794

Industrial Boilers Fuel Combustion Total 6558.291178

Incorporation of NSPS in A.A.C.

Title 18, Chapter 2, Article 9 ;

various NSR/PSD statutes and

rules; Voluntary permit

operating limitations to avoid

higher permitting thresholds, if

applicable; various other

standards for existing sources in

Article 7, includingR18Ͳ2Ͳ719

Standards of Performance for

Existing Stationary

Rotating Machinery

Incorporation of NSPS in Maricopa County

Rule 360; NSR/PSD in MC Rule 240

Various NSPS and NESHAP

(including RICE engine

regulations)

Biomass 0.007

Coal 2162.13

Natural Gas 2292.292674

Oil 2028.010466

Other 75.851038

Residential Fuel Combustion Total 2395.421425

A.R.S. § 49Ͳ501 Unlawful open

burning, R18Ͳ2Ͳ602 Unlawful

Open Burning

Rule 318ͲApproval of Residential

Woodburning Devices, Ordinance PͲ26Ͳ

Residential Woodburning Restriction,

Incorporation of NSPS in Maricopa County

Rule 360

40 CFR 60 Subparts AAA; RRRR,

QQQQͲNSPS for New Residential

Woood Heaters

Natural Gas 1733.00072

Oil 1.408546979

Other 376.339989

Wood 284.6721686

1
NEI Sector Emissions (TPY) Statewide Controls Maricopa County Controls Federal Controls

Industrial Processes Total 6006.324768

Incorporation of NSPS in A.A.C.

Title 18, Chapter 2, Ariticle 9;

various other standards for

existing sources in Article 7,

includingR18Ͳ2Ͳ719 Standards

of Performance for Existing

Stationary

Rotating Machinery and R18Ͳ2Ͳ

705 Existing Source

Performance Standards,

Portland Cement

Rule 324Ͳ Stationary Internal Combustion

Engines

Various NSPS and NESHAP

(including RICE engine

regulations)

Cement Manufacturing 2358.03526

Chemical Manufacturing 137.5846

Mining 217.05394

NonͲferrous metals 327.9875

Ferrous Metals &Oil and Gas Production & Pulp and

Paper & Storage and Transfer 52.17

IndustrialͲnot elsewhere classified 2913.493468

Waste Disposal 508.365094

A.R.S. § 49Ͳ501 Unlawful open

burning, R18Ͳ2Ͳ602ͲUnlawful

Open Burning,

Incorporation of NSPS in Maricopa County

Rule 360, Incinerators, BurnͲoff Ovens, and

Crematories in MC Rule 313; Open

Outdoor Fires and Indoor Fireplaces at

Commercial and Institutional MC Rule 314;

Hospital/Medial/Infectious Waste

Incinerators MC Rule 316; (Municipal Solid

Landfills MC Rule 321)

Solvent 1.26692

Mobile

Aircraft 2913.493468

40 CFR Part 87.1 to 87.64Ͳ

Control of Pollution for Aircraft

and Aircraft Engines

Locomotives 24124.48098

40 CFR Part 92.1 to 92.1108Ͳ

Control of Air Pollution from

Locomotives

NonͲroad equipment Total 29796.32751

RͲ18Ͳ802 through 805,

Emissions from (nonͲroad)

mobile sources

Tier 3 & Tier 4,40 CFR part 89 &

1039 and other emission and

control requirements

Diesel 24432.29457

Gasoline 3821.023603

Other 1543.009337

OnͲRoad Total 134015.8149

R18Ͳ2Ͳ1001 through 1031,

Vehicle Emissions Inspection

and Maintanence Program,

A.R.S 49Ͳ541Ͳ558.01, Annual

Emissions Inspection of Motor

Vehicles in Area A & B, A.R.S.

49Ͳ581Ͳ584,Ͳ587 and 49Ͳ588

throughͲ593 Travel Reduction

Program in Area A, A.R.S 49Ͳ

413 Goal to provide alternative

fuel statewide network; A.R.S

49Ͳ412ADEQ to require

exemption justifications for nonͲ

alt fuel gov't vehicles

Ordinance PͲ21ͲVehicle Idling Restriction

(Diesel)

Tier 2 emissions standards

(current), Tier 3 (start in 2017)Ͳ

40 CFR Part 86 Control of

Emissions from New and InͲuse

Highway Vehicles and Engines;

control of hazardous air

pollutants from mobile sources;

Exhaust and evaporative

emission standards for lightͲduty

vehicles and trucks, heavy duty

diesel fuel sulfur control

requirements; Compliance

Assurance Program 2000 for

standard durability;and other

emission and control

requirements

Diesel Heavy Duty Vehicles 67596.86623

Diesel Light Duty Vehicles 2790.250397

nonͲDiesel Heavy Duty Vehicles 1722.518502

nonͲDiesel Light Duty Vehicles 61906.17974

*Beginning in 2015, Maricopa County Air Quality Department intends to revise rules 322, 323, 324, related to NOx emissions, to make them more stringent.These rule revisions should be

implemented by 2017. For more information on these rulemakings: http://www.maricopa.gov/regulations/aq/pdf/meetingsAQEROPItems_2015Ͳ06Ͳ05.pdf

**The above listed rules and statutes are currently enforced in Arizona, but not all of them are necessarily updated into or approved into the SIP. ADEQ is not requesting EPA action on any of the

above listed rules and statutes.

2
Appendix C: Arizona Regional Haze Plan: Controls and Cost 

Effectiveness 

1 

Facility Sources Emissions Limits/Control 

technology of original SIP or 

FIP 

Subsequent Revision Actions Cost 

Effectiveness 

Determination 

(average $/ton)i

Compliance Date 

for NOx Controls 

AEPCO

Apache 

Station

Unit 1 

(SIP) - Emissions limit of 0.056 

lb/MMBtu based applied to either: 1) the boiler when operating alone, or 2)the boiler and simple cycle turbine when operated in combined cycle mode 

- Fuel Switching to pipeline 

natural Gas 

- In 2015, the emissions 

limit revised to 0.10 lb/MMBtu based on determination that the prior emissions limit was unachievable 

EPA SIP approval77 FR 72511 (Dec. 5, 2012) and Emissions limit revisions approval80 FR 19220 (April 10, 2015) 

N/Aii Unit 1, 2 &3: 

12/5/2017

Unit 2 & 3

(FIP) - Emissions limit of 0.070 

lb/MMBtu determined as an average of the two units, based on a rolling 30-boiler-operating-day average 

- Achievable through 

upgrades to existing scrubbers and electrostatic precipitators 

In 2015, SIP revision approved with following: - Unit 2: conversion from 

primary coal-fired unit to one that combusts pipeline-quality natural gas, and 

- Unit 3: remain as coalfired unit and retrofitted 

with SNCR 

FIP Promulgation77 FR 72514 (Dec. 5, 2012) and SIP Approval80 FR 19220 (April 10, 2015)

N/Aii
2 

Facility Sources Emissions Limits/Control 

technology of original SIP 

or FIP 

Subsequent Revision Actions Cost 

Effectiveness 

Determination 

(average $/ton)i

Compliance Date 

for NOx Controls 

APS 

Cholla Station Units 2, 3, 

& 4 

(FIP)- Emissions limit of 0.055 

lb/MMBtu determined as an average of the three units, based on a rolling 30-boileroperating-day average 

A BART reassessment is currently taking place for the Cholla facility. 

FIP Promulgated77 FR 72514(Dec. 5, 2012) 

$3,114-$3,472 for all unitsiii

12/5/2017 

SRP 

Coronado 

Station 

Units 1 & 

2 

(FIP)- Emissions limit of 0.065 

lb/MMBtu determined as an average of the two units, based on a rolling 30-boileroperating-day average 

On March 31, 2015, EPA published a NPRM -Proposed: Unit 1: emissions rate of 0.065 lb/MMbtu, which corresponds with a scenario consisting of low-load cycling operations (with steam reheat) and 3 cold startups within a 30-day period, to be a reasonable estimate of average SCR performanceUnit 2: emissions limit would remain at the level prescribed in a consent decree of 0.080 lb/MMBtu based on a 30-BOD basis 

FIP Promulgated77 FR 72514 (Dec. 5, 2012) and NPRM for revisions to NOx standard (March 31,2015)

$2,405 for unit 1iii

12/5/2017 
3 

Facility Sources Emissions Limits/Control 

technology of original SIP 

or FIP 

Subsequent Revision Actions Cost 

Effectiveness 

Determination 

(average $/ton)i

Compliance Date 

For NOx Controls 

Freeport 

McMoran

Miami 

Smelter 

(FIP) - Annual emissions limit 

of 40 tpy of NOx emissions from BARTeligible units, which is consistent with current emissions 

FIP Promulgated- 79 FR 52420 (September 3, 2014)

Not applicable, no control technology installed

9/2/2016 

ASARCO 

Hayden 

Smelter

(FIP)

Annual emissions limit of 

40 tpy of NOx emissions 

applied to the converters 

and anode furnaces

FIP Promulgated79 FR 52420 

(September 3, 

2014)

Not applicable, 

no control 

technology 

installed 

9/4/2013 

Sundt Station Unit 4

(FIP) - Emission limit of 0.36 

lb/MMBtu, which is consistent with the use of SNCR with the existing LNB 

FIP Promulgated79 FR 52420 (September 3, 2014)

$3,222iv 9/4/2017 

Nelson Lime 

Plant

Kiln 1 &2 

(FIP) - Kiln 1: Emission limit of 

3.80 lb/ton of lime on a 12-month rolling average, consistent with use of LNB and SNCR 

- Kiln 2: emission limit of 

2.61 lb/ton on a 30-day rolling average, consistent with use of LNB and SNCR 

FIP Promulgated79 FR 52420 (September 3, 2014)

$807-$817 for both kilns iv

9/4/2017 
4 

Facility Sources Emissions Limits/Control 

technology of original SIP 

or FIP 

Subsequent Revision Actions Cost 

Effectiveness 

Determination 

(average $/ton)i

Compliance Date 

for NOx Controls 

Phoenix 

Cement 

Company

Clarkdale

Kiln 4 

(FIP) 2.12 lb/ton based on a 30-day rolling average, consistent with use of SNCR

FIP Promulgated 79 FR 52420(Sept. 3, 2014) 

$1,142 12/31/2018 

CalPortland 

Cement 

Rillito 

Kiln 4 

(FIP) 2.67 lb/ton based on a 30-day rolling average, consistent with use of SNCR 

FIP Promulgated 79 FR 52420 (Sept. 3, 2014) 

$1,047 12/31/2018 

i Cost-effectiveness determination is EPA’s BART analysis for the Arizona Regional Haze Federal Implementation Plan unless otherwise noted ii Cost-effectiveness determination is not available for Arizona SIP revision related to AEPCO iii U.S. EPA, Arizona Regional Haze Technical Support Document, July 2012 iv 79 FR 9318, February 18, 2014 
ǣElectric Generating Facilities’ Allowable

Emissions in Maricopa County According to Arizona’s 2009 Boundary

Recommendation for 2008 Ozone NAAQS

The table above lists the capacities and allowable NOx and VOC emissions for each facility in tons per 

year (tpy). Of the 14 existing power plants as of early 2009, 9 were located within the existing 8-hour 

ozone nonattainment area boundary. 

Maricopa County Rule 322 (Power Plant Operations) regulates all fossil fuel powered EGU’s 

(constructed prior to May 10, 1996) within Maricopa County. As of Sept. 2015, Maricopa County Air 

Quality Department began the rule revision process to Rule 322 in order to implement more stringent 

NOx controls. Revisions will include requirements for use of Reasonably Available Control Technology 

(RACT) for NOx emitting sources. Final rule revisions are scheduled to be implemented by 2017. 

For more information: http://www.maricopa.gov/regulations/aq/process.aspx#

Table III.10: Planned and Existing Power Plants 

Name Capacity

(MW)

 Allowable Emissions 

NOx (tpy) VOC (tpy) 

Maricopa County 

APS Ocotillo Power Plant 330 135 19 

APS West Phoenix Power Plant 1,000 405 56 

APS Redhawk Power Station 1,060 1,452 242 

Palo Verde Nuclear Generating Station 4,000 

SRP Agua Fria Generating Station 626 160 35 

SRP Kyrene Generating Station 521 141 26 

SRP Santan Generating Station 1,225 1,269 94 

Harquahala Generating Station 1,000 324 102 

Mesquite Generating Station 1,200 408 295 

Dynergy Energy Arlington Valley 570 242 123 

Gila River Power Station 2,300 860 144 

Pinal County 

SRP Desert Basin Generating Station 580 214 104 

APS Sundance Generating Station 450 351 165 

APS Saguaro Power Plant 410 9,442 80 

Transcanada Coolidge Generating Station 

(planned) 576 245 245 

SRP Abel Generating Station (planned) 360 95 45 

Electrical District No. 3 (planned) <6 24 15 

Pinal Central (on hold) n/a n/a n/a 
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This page is intentionally blank. 
SIP Supplement: Clean Air Act 

Section 110(a)(2)(D) 

2010 Nitrogen Dioxide 

National Ambient Air Quality Standards 

Air Quality Division 

December 3, 2015 – Final 
This page is intentionally blank.
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

Table of Contents 

Table of Contents ......................................................................................................................................... iii 

List of Appendices ........................................................................................................................................ iii 

Completeness Criteria (40 CFR Part 51, Appendix V, Section 2.0) .............................................................. iv 

1 Introduction ..................................................................................................................................... 1 

2 Section 110(a)(2)(D) Requirements ................................................................................................. 2 

3 Arizona’s NO2 Impact on Other States ............................................................................................. 3 

3.1 Current National NO2 Designations .................................................................................... 3 

3.2 Current National NO2 Emissions ......................................................................................... 3 

4 Significant Deterioration Prevention and Visibility Protection ........................................................ 4 

4.1 New Source Review ............................................................................................................ 4 

4.1.1 Arizona Department of Environmental Quality NSR/PSD Revisions .................. 4 

4.1.2 Other Arizona Counties’ NSR/PSD Revisions ...................................................... 5 

4.2 Arizona’s Regional Haze Plan .............................................................................................. 5 

5 Arizona’s Provisions for Interstate Air Pollution Abatement ........................................................... 6 

5.1 Notification to Neighboring States ..................................................................................... 6 

5.2 Interstate Transport Violations ........................................................................................... 7 

6 Arizona’s NO2 Air Monitoring Network ............................................................................................ 8 

6.1 Near-Roadway Monitoring ................................................................................................. 8

6.2 Area-Wide Monitoring ........................................................................................................ 8 

7 Arizona’s NOX Source Control Measures ....................................................................................... 10 

8 Conclusion ...................................................................................................................................... 11 

List of Appendices 

Appendix A: Regional Haze Plan Controls and Cost Effectiveness..............................................................12 

Appendix B: 2011 NOX Emissions and Non-Exhaustive List of Source Controls..........................................16

December 3, 2015 Final iii 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

Completeness Criteria 

(40 CFR Part 51, Appendix V, Section 2.0) 

Appendix V, Section 2.1 – Administrative Materials 

(a) A formal signed, stamped, and dated letter of submittal from the 

Governor or his designee, requesting EPA approval of the plan or 

revision thereof (hereafter “the plan”). If electing to submit a paper 

submission with a copy in electronic version, the submittal letter must 

verify that the electronic copy provided is an exact duplicate of the 

paper submission. 

See the cover letter for this SIP submission and Enclosure 2 which contains delegation of 

authority from Misael Cabrera, Director of ADEQ, to Eric Massey, Director of the ADEQ Air 

Quality Division, authorizing Mr. Massey to perform any act the ADEQ Director is authorized to 

perform under the state air quality statutes, including the submission of SIPs to EPA. 

This SIP was submitted online through EPA’s eSIP system; therefore no paper copy was 

submitted. 

 (b) 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 shall include the 

date of adoption or final issuance as well as the effective date of the plan, 

if different from the adoption/issuance date. 

See cover letter. 

(c) Evidence that the State has the necessary legal authority under 

State law to adopt and implement the plan. 

Arizona is authorized to adopt and implement SIPs under Arizona Revised Statutes (A.R.S.) 

Sections 49-104, 49-106, 49-404, 49-406, and 49-425. Copies of these statutes are in Enclosure 

2. 

December 3, 2015 Final iv 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

(d) 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. The submission shall include 

a copy of the official State regulation/document, signed, stamped, and 

dated by the appropriate State official indicating that it is fully 

enforceable by the State. The effective date of any regulation/document 

contained in the submission shall, whenever possible, be indicated in the 

regulation/document itself; otherwise the State should include a letter 

signed, stamped, and dated by the appropriate State official indicating 

the effective date. If the regulation/document provided by the State for 

approval and incorporation by reference into the plan is a copy of an 

existing publication, the State submission should, whenever possible, 

include a copy of the publication cover page and table of contents. 

Not applicable. 

(e) 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. 

Proof that ADEQ followed procedural requirements of Arizona State laws and constitution in 

adopting this plan is located in Enclosure 2. 

(f) Evidence that public notice was given of the proposed change 

consistent with procedures approved by EPA, including the date of 

publication of such notice. 

Proof that ADEQ gave notice of the SIP revision in accordance with A.R.S. Section 49-444 is in 

Enclosure 2. ADEQ published a notice of this SIP revision in the Arizona Republic newspaper on 

October 16, 2015, and October 19, 2015. Public notice was also given through ADEQ’s website 

and sent to an email subscriber list of interested stakeholders on October 16, 2015. 

 (g) 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 public hearing 

requirements in 40 CFR 51.102. 

The certification and other documents related to the public hearing are in Enclosure 2. ADEQ 

held a public hearing on November 17, 2015. 

December 3, 2015 Final Page v 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

(h) Compilation of public comments and the State’s response thereto. 

The public comment responsiveness summary is in Enclosure 2. 

Appendix V, Section 2.1 – Technical Support 

(a) Identification of all regulated pollutants affected by the plan. 

The regulated pollutant is nitrogen dioxide. 

(b) 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). 

Not applicable. 

(c) 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 between certain baseline levels and allowable emissions 

anticipated as a result of the revision. 

Not applicable. 

(d) The State's demonstration that the national ambient air quality 

standards, prevention of significant deterioration increments, 

reasonable further progress demonstration, and visibility, as applicable, 

are protected if the plan is approved and implemented. For all requests 

to redesignate an 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 primary 

ambient air quality standards for at least 10 years as required by section 

175A of the Act. 

Not applicable. 

December 3, 2015 Final Page vi 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

(e) 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 the modeling analysis. 

Not applicable. 

(f) Evidence, where necessary, that emission limitations are based on 

continuous emission reduction technology. 

Not applicable. 

(g) Evidence that the plan contains emission limitations, work practice 

standards and recordkeeping/reporting requirements, where 

necessary, to ensure emission levels. 

Not applicable. 

(h) Compliance/enforcement strategies, including how compliance 

will be determined in practice. 

Not applicable. 

(i) Special economic and technological justifications required by any 

applicable EPA policies, or an explanation of why such justifications are 

not necessary. 

No known deviations from EPA policy. 

December 3, 2015 Final Page vii 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

1 Introduction 

Within three years after the promulgation of a primary or secondary National Ambient Air 

Quality Standard (NAAQS) or any revision of a NAAQS, Clean Air Act (CAA) section 110(a)(1) 

requires each state to submit to the Environmental Protection Agency (EPA) an infrastructure 

state implementation plan (I-SIP) revision that provides for the implementation, maintenance, 

and enforcement of the NAAQS. CAA section 110(a)(2) sets the specific content requirements 

for these infrastructure plans. 

This I-SIP supplement is meant to address deficiencies identified by EPA and found in the 2013 

nitrogen dioxide (NO2) I-SIP submitted by the Arizona Department of Environmental Quality 

(ADEQ) after promulgation of the 2010 NO2 NAAQS. 

This supplement addresses CAA section 110(a)(2)(D) relating to the transport of Arizona’s air 

pollution across states and foreign countries, referred to as “interstate and international 

pollution transport.” The following explanation supports a negative declaration of significant 

contribution of interstate transport for Arizona’s NO2 emissions to surrounding nonattainment 

and maintenance areas. Other CAA section 110(a)(2)(D) requirements are satisfied or are 

expected to be sufficiently addressed through Arizona’s Regional Haze Plan, control measures, 

near-roadway air monitoring network implementation, and the ongoing NSR program revision. 

December 3, 2015 Final Page 1 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

2 Section 110(a)(2)(D) Requirements 

Clean Air Act (CAA) section 110(a)(2)(D) requires that state implementation plans (SIPs) contain 

adequate provisions— 

(i)(I) prohibiting any source or type of emission activity from contributing significantly to any 

other state’s nonattainment of a National Ambient Air Quality Standard (NAAQS) (also known 

as “prong 1”), or from interfering with maintenance of such NAAQS (“prong 2”), 

(i)(II) prohibiting any source or emission activity from interfering with any other state’s ability to 

comply with prevention of significant deterioration of air quality (“prong 3”) or from protecting 

visibility (“prong 4”), and 

(ii) ensuring compliance with requirements of interstate and international pollution abatement 

as set forth in CAA sections 115 and 126. 

Within this document, see Arizona’s provisions for: 

x CAA § 110(a)(2)(D)(i)(I) in section 3 

x CAA § 110(a)(2)(D)(i)(II) in section 4 

x CAA § 110(a)(2)(D)(ii) in section 5 

x Arizona’s nitrogen dioxide air monitoring network in section 6 

x Arizona’s nitrogen oxides source control measures in section 7 

December 3, 2015 Final Page 2 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

3 Arizona’s NO2 Impact on Other States 

Clean Air Act (CAA) section 110(a)(2)(D)(i)(I) requires that infrastructure state implementation 

plans (I-SIPs) contain adequate provisions prohibiting that any source or other type of emissions 

activity within Arizona from emitting NO2 in amounts that will contribute significantly to a 

nonattainment area or interfere with the maintenance of an area in another state. 

As discussed below, current national NO2 area designations and emissions levels indicate that 

there is no potential for Arizona’s NO2 emissions to significantly impact another state’s 

nonattainment or maintenance area. Should NO2 nonattainment or maintenance areas be 

designated in the future, Arizona’s NO2 air monitoring network and nitrogen oxides source 

control measures are in place (see sections 6-7). 

3.1 Current National NO2 Designations 

The State of Arizona and the rest of the nation are designated as “unclassifiable/attainment” 

for the 2010 NO2 NAAQS based on EPA’s assertion that “available information did not indicate 

that the air quality in [the area exceeded] the 2010 NO2 NAAQS.”1

 Therefore, there are no 

nonattainment or maintenance areas in the nation that Arizona could significantly contribute to 

for the 2010 NO2 standards. 

3.2 Current National NO2 Emissions 

The 2010 NO2 primary one-hour standard is set at 100 parts per billion (ppb). The primary and 

secondary annual standard is 53 ppb.2

 

Based on the most recent available NO2 Design Value Report3

, Arizona’s 2013 one-hour design 

values range from 37-64 ppb, and current annual design values range from 8-25 ppb (Table 5a 

and Table 5b). No violating counties or monitor sites are identified by EPA based on 2013 

annual design values (Table 4a and Table 5a). Additionally, there are no violating counties 

identified for the 2011-2013 one-hour design values and no violating monitor sites identified 

based on the 2013 one-hour design values (Table 4b and Table 5b). While historically some 

monitor sites have exceeded the NAAQS, none have since 2011 (Table 6a and Table 6b). 

Arizona’s network of monitors show annual and one-hour NO2 levels are below the 2010 

standards, and thus, there is no potential for NO2 interstate transport impact. 

1

 77 Fed. Reg. 9532 (February 17, 2012). 

2

 See EPA’s table of current NAAQS here: http://www.epa.gov/ttn/naaqs/criteria.html 3

 EPA Design Values Reports, Air Trends, available at: http://www.epa.gov/airtrends/values.html (Accessed 

7/29/15).

December 3, 2015 Final Page 3 

 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

4 Significant Deterioration Prevention and Visibility 

Protection 

Clean Air Act (CAA) section 110(a)(2)(D)(i)(II) requires infrastructure state implementation plans 

(I-SIPs) contain adequate provisions prohibiting any source or other type of emissions activity 

within Arizona from emitting nitrogen dioxide (NO2) in amounts that will interfere with another 

state’s prevention of significant deterioration and protection of visibility. 

In Arizona, the prevention of significant deterioration of designated attainment and unclassified 

areas is mandated by the state’s New Source Review (NSR) program. As part of NSR, ADEQ’s 

Prevention of Significant Deterioration (PSD) rules require any major source that could 

contribute emissions that would impact an area’s NAAQS compliance be subject to specific 

permitting and control measures. ADEQ’s PSD program therefore controls Arizona’s sources in 

order to lessen the probability of emissions transport to other states that are preventing 

significant deterioration of their own attainment or classified areas. 

Arizona’s Regional Haze Plan provides visibility protection in Arizona, in turn maintaining 

surrounding states’ visibility. Within Arizona’s Regional Haze Plan, sources emitting nitrogen 

oxides (NOX), including NO2, are subject to Best Available Retrofit Technology (BART) controls to 

limit emissions. 

The following sections provide more information on Arizona’s prevention of significant 

deterioration and visibility protection provisions. 

4.1 New Source Review 

Currently ADEQ’s SIP-approved PSD program within its NSR extends to areas wherein ADEQ has 

jurisdiction, including Pinal County. Maricopa and Pima Counties do not have SIP-approved PSD 

programs and instead have EPA’s Federal PSD program. 

4.1.1 Arizona Department of Environmental Quality NSR/PSD 

Revisions 

In 2012 ADEQ submitted a SIP update to the state’s NSR program for major and minor sources 

in both attainment and nonattainment areas. On November 2, 2015, EPA issued a final rule of 

limited approval/limited disapproval, citing deficiencies but generally determining the updates 

were an overall strengthening of Arizona’s NSR program.4

 ADEQ is currently working with EPA 

on revising its NSR program and plans to submit an updated version for approval in 2016. 

The 2016 NSR revisions will bring the State of Arizona’s SIP for areas under ADEQ’s jurisdiction 

into compliance with the PSD requirements of CAA section 110(a)(2)(D)(i)(II), as well as CAA 

4

 80 FR 67319 (November 2, 2015). 

December 3, 2015 Final Page 4 

 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

sections 110(a)(2)(C) and 110(a)(2)(D)(ii), and Code of Federal Regulations (CFR) Title 40, Part 

51, Subpart I “Review of New Sources and Modifications.” 

4.1.2 Other Arizona Counties’ NSR/PSD Revisions 

The Maricopa County Air Quality Department (MCAQD) is currently revising its NSR program. 

MCAQD began a public comment period for NSR-related rules on July 31, 2015. MCAQD is 

updating its NSR program rules in order to fill the “SIP gap” between NSR rules set forth in the 

Maricopa County Air Pollution Control Regulations and the rules that have been approved by 

EPA into the Maricopa County portion of the Arizona SIP. 

Pima Department of Environmental Quality (PDEQ) is currently working on an NSR rule package 

that will adopt a similar NSR/PSD program to ADEQ’s. 

Pinal County Air Quality Control District (PCAQCD) is in the preliminary stages of drafting its 

NSR/PSD program updates. As part of this process, PCAQCD will be reviewing Maricopa’s and 

ADEQ’s updated and proposed NSR/PSD rules. 

4.2 Arizona’s Regional Haze Plan 

The visibility requirement of CAA section 110(a)(2)(D) encompasses Arizona’s Regional Haze 

Plan, in accordance with EPA’s 1999 Regional Haze Rule, which outlines the requirements for 

states to follow in order to address visibility impairment in Class I areas5

 caused by nitrogen 

oxides (NOX), sulfur oxides (SOX), and particulate matter (PM) emitters. 

Arizona’s current Regional Haze Plan is a combination of requirements found in Arizona’s SIP, 

Federal Implementation Plans (FIPs), and subsequent SIP revisions that collectively create the 

state’s strategy for achieving its 2018 Reasonable Progress Goals (RPGs) for visibility protection. 

ADEQ has drafted its Five-Year Regional Haze Progress Report and is currently in the first phase 

of public process with federal land managers. ADEQ provided public notice of the report on 

September 28, 2015, and plans to submit to EPA in early 2016. 

Under the Regional Haze Rule, Arizona’s NOX-emitting sources are subject to BART and are now 

or will be controlled in the near future by SIPs or FIPs. See Appendix A for a list of sources 

subject to BART and the associated SIP or FIP revision implementing controls. 

5 Class 1 federal lands include areas such as national parks, national wilderness areas, and national monuments.

December 3, 2015 Final Page 5 

 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

5 Arizona’s Provisions for Interstate Air Pollution 

Abatement 

Clean Air Act (CAA) section 110(a)(2)(D)(ii) mandates that each plan contain adequate 

provisions to ensure compliance with applicable requirements of CAA sections 115 and 126. 

CAA section 115 sets the process and requirements for when a foreign country submits 

evidence to the Administrator showing that emissions from a state are endangering the public 

health or welfare in the foreign country. When the Administrator deems a state is in fact 

contributing to air pollution in another country, he/she will give a formal notification to the 

Governor of the responsible state and the state must revise its SIP. Currently the requirements 

of CAA section 115 do not apply to Arizona, because there are no pending actions from other 

countries against the state. 

The applicability of CAA section 126 to Arizona is outlined below in sections 5.1 – 5.2. 

5.1 Notification to Neighboring States 

CAA section 126(a) requires notification to affected, nearby states of major proposed new or 

modified sources. Arizona’s provisions are within its Prevention of Significant Deterioration 

(PSD) program. As mentioned in section 4, on November 2, 2015, EPA issued a final rule of 

limited approval/limited disapproval of ADEQ’s NSR program updates. In that action, EPA 

approved Arizona’s PSD-related rules at section R18-2-402 “General” into Arizona’s SIP, which 

helps the state comply with CAA section 126(a) and outlines ADEQ’s responsibility to send a 

copy of the required public notice for a major proposed new or modified source to the 

Administrator and to “the officials and agencies having cognizance over the location where the 

proposed major source or major alteration would occur.”6

 These rules for notice are consistent 

with EPA’s requirements in 40 CFR 51.166(q)(2)(iv) “Prevention of Significant Deterioration of 

Air Quality.” 

In a July 14, 2015 action for Arizona’s Ozone and Lead infrastructure SIPs submittals, EPA found 

that area’s under ADEQ’s jurisdiction, including Pinal County, meet the requirements of CAA 

section 126(a), citing ADEQ’s authority over Pinal County’s PSD program.7

 Maricopa and Pima 

Counties are covered by EPA’s Federal PSD program. 

6

 See R18-2-402, Subsection I. 

7

 80 FR 40905 (July 14, 2015). 

December 3, 2015 Final Page 6 

 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

5.2 Interstate Transport Violations 

Clean Air Act sections 126(b) and (c), which pertain to petitions by affected states to EPA 

regarding sources violating the provisions of CAA section 110(a)(2)(D)(i), do not apply to Arizona 

because there are no petitions from other states against Arizona. 

December 3, 2015 Final Page 7 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

6 Arizona’s NO2 Air Monitoring Network 

The 2010 nitrogen dioxide (NO2) National Ambient Air Quality Standards (NAAQS) established 

the requirement for a NO2 air monitoring network at locations where maximum NO2 levels are 

expected to occur, including within 50 meters of major roadways.8 EPA acknowledges that high 

NO2 concentrations drop off considerably as distance from the roadway increases, so emissions 

impact is localized, thus posing no potential for transport that would contribute significantly to 

a nonattainment area or interfere with the maintenance of the NO2 standards in another state. 

6.1 Near-Roadway Monitoring 

In order to comply with the 2010 NO2 NAAQS, two metro areas in Arizona (Phoenix and Tucson) 

must meet the new near-roadway NO2 air monitoring network deadlines set forth in 78 Fed. 

Reg. 16184 (March 14, 2013). 

Phoenix’s Core Based Statistical Area (CBSA) population is greater than 2.5 million, and is thus 

required to have two near-roadway monitors.9 Phoenix’s first near-roadway NO2 monitor, the 

“Diablo” site, was activated in February 2014 after being approved by the EPA in 2013.10 As of 

June 2015, Maricopa County Air Quality Division’s second near-road monitoring site, “ThirtyThird,” is near completion.11 

The Tucson metro area’s population is greater than 500,000 but less than 1,000,000 and thus 

requires one near-roadway monitor. Pima Department of Environmental Quality is included in 

phase three of near-roadway monitor implementation and will not be required to install a nearroadway station until 2017.12 

6.2 Area-Wide Monitoring 

According to ADEQ’s 2015 Air Monitoring Network Plan,13 ADEQ currently operates two NO2

monitors throughout the state of Arizona located at the JLG Supersite (Photochemical 

Assessment Monitoring Station) and Alamo Lake (Special Purpose Monitor).14 

8

 75 Fed. Reg. 6474, 6474 (February 9, 2010). 

9 78 Fed. Reg. 16184, 16185 (March 14, 2013). 

10 Maricopa County Air Quality Department, 2013 Air Monitoring Final Network Plan, December 8, 2014, available 

at: http://www.maricopa.gov/aq/divisions/monitoring/docs/pdf/2013_Network_Plan.pdf (Accessed 7/29/15). 11 Maricopa County Air Quality Department, 2014 Air Monitoring Network Plan, available at: 

http://www.maricopa.gov/aq/divisions/monitoring/docs/pdf/2014_Network_Plan.pdf (Accessed 9/28/15). 12 78 Fed. Reg. 16184, 16186 (March 14, 2013).

13 Arizona Department of Environmental Quality, State of Arizona Air Monitoring Network Plan for the Year 2015, 

July 1, 2015, available at: 

http://www.azdeq.gov/function/forms/download/air_monitoring_network_plan2015.pdf (Accessed 9/28/15). 14 The Alamo Lake NO2 Special Purpose Monitor will be removed in June 2016. 

December 3, 2015 Final Page 8 

 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

The Phoenix metropolitan area’s population exceeds 1,000,000 people and therefore is the only 

area in the state required to operate at least one area-wide NO2 monitor.15 Maricopa County 

Air Quality Division currently operates four area-wide NO2 monitors at the Buckeye, Central 

Phoenix, Greenwood,16 and West Phoenix monitoring sites within the Phoenix metropolitan 

area.17 

There are no minimum requirements for the number of NO2 monitoring sites in Pima County.18

However, Pima County operates area-wide NO2 monitors at the 22nd St. and Craycroft and the 

Children’s Park sites.19 

Should NO2 transport impacts be an issue in the future, Arizona has a comprehensive NO2

monitoring network that will help measure and assess emissions transport. 

15 40 CFR Part 58, Appendix D, Section 4.3, “Nitrogen Dioxide Design Criteria.” 16 Maricopa County’s Greenwood NO2 monitor is also part of EPA’s Susceptible and Vulnerable Populations NO2 

monitoring system. See more: http://www3.epa.gov/ttn/amtic/svpop.html. 17 Maricopa County Air Quality Department, 2014 Air Monitoring Network Plan, available at: 

http://www.maricopa.gov/aq/divisions/monitoring/docs/pdf/2014_Network_Plan.pdf (Accessed 9/28/15). 18 40 CFR Part 58, Appendix D, Section 4.3, “Nitrogen Dioxide Design Criteria.” 19 Pima County Department of Environmental Quality, 2014 Ambient Air Monitoring Five Year Network Assessment 

and Plan, available at: 

http://webcms.pima.gov/UserFiles/Servers/Server_6/File/Government/Environmental%20Quality/Air/Air%20Mon

itoring/2015NetworkReview.pdf (Accessed 9/28/15). 

December 3, 2015 Final Page 9 

 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

7 Arizona’s NOX Source Control Measures 

In addition to Arizona’s nitrogen dioxide (NO2) air monitoring network, the state over the years 

has adopted and implemented SIP provisions, in particular for ozone and PM2.5, which cover 

nitrogen oxides (NOX) emitting sources and source categories. Since NO2 is part of the NOX

family, these NOX controls will help mitigate interstate transport of emissions should 

determination of new NO2 nonattainment or maintenance areas occur. 

Sources of NOX in Arizona were taken from the 2011 National Emissions Inventory (NEI) data 

(v.2). The majority of NOX point sources in Arizona come from electrical generating units (EGU) 

and airports. Major non-point sources of NOX originate from fires, particularly wildfires. The 

largest source of NOX in Arizona are mobile sources. 

Please see Appendix B for a non-exhaustive list of controls for those NOX sources retrieved from 

the 2011 NEI. 

December 3, 2015 Final Page 10 
Clean Air Act § 110(a)(2)(D) SIP Revision – 2010 NO2 NAAQS 

8 Conclusion 

Currently there are no nitrogen dioxide (NO2) nonattainment or maintenance areas in the 

nation, and NO2 Design Values show that each state is reporting NO2 emission levels below the 

2010 NAAQS. Therefore ADEQ finds it reasonable to believe Arizona’s NO2 emissions are not 

contributing to the nonattainment or maintenance of an area in another state, and there is no 

potential for interstate pollution impact. 

ADEQ is currently revising its NSR program and plans to submit in 2016, which will provide 

provisions to protect a surrounding state’s ability to prevent significant deterioration in an 

attainment or unclassified area. Arizona’s PSD-related rules require the notification to nearby 

states of major proposed new or modified sources. These rules apply to areas under ADEQ’s 

jurisdiction, including Pinal County. Major proposed new or modified NO2 sources within 

Maricopa and Pima Counties are subject to EPA’s Federal PSD program. These provisions 

maintain the prevention of significant deterioration in surrounding states and comply with PSD 

requirements in CAA section 110(a)(2)(D)(ii). Arizona’s requirements in its Regional Haze Plan 

protect visibility in Arizona as well as surrounding states. 

Additional NOX controls exist for Arizona’s primary emitters, EGUs and airports. These controls 

help limit NO2, ozone, and PM2.5 pollution. Should new NO2 nonattainment or maintenance 

areas be identified, Arizona has the pertinent source controls in place. Arizona county air 

departments are also working on updating the state’s NO2 air monitoring network, ensuring 

there will be air monitors near sources where NO2 emissions are the highest, especially near 

roadways. Phoenix and Tucson will be installing new roadway air monitors and should have the 

last of them established near 2017. 

All of the above supports a finding that Arizona’s SIP complies with the interstate air pollution 

transport requirements of CAA section 110(a)(2)(D). 

December 3, 2015 Final Page 11 
Appendix ǣ Regional Haze Plan Controls and Cost Effectiveness 

1Ϯ

Facility Sources Emissions Limits/Control 

technology of original SIP or 

FIP 

Subsequent Revision Actions Cost 

Effectiveness 

Determination 

(average $/ton)i

Compliance Date 

for NOx Controls 

AEPCO

Apache 

Station

Unit 1 

(SIP) - Emissions limit of 0.056 

lb/MMBtu based applied to either: 1) the boiler when operating alone, or 2)the boiler and simplecycle turbine when operated in combined cycle mode 

- Fuel Switching to pipeline 

natural Gas 

- In 2015, the emissions 

limit revised to 0.10 lb/MMBtu based on determination that the prior emissions limit was unachievable 

EPA SIP approval77 FR 72511 (Dec. 5, 2012) and Emissions limit revisions approval80 FR 19220 (April 10, 2015) 

N/Aii Unit 1, 2 &3: 

12/5/2017

Unit 2 & 3

(FIP) - Emissions limit of 0.070 

lb/MMBtu determined as an average of the two units, based on a rolling 30-boiler-operating-day average 

- Achievable through 

upgrades to existing scrubbers and electrostatic precipitators 

In 2015, SIP revision approved with following: - Unit 2: conversion from 

primary coal-fired unit to one that combusts pipeline-quality natural gas, and 

- Unit 3: remain as coalfired unit and retrofitted 

with SNCR 

FIP Promulgation77 FR 72514 (Dec. 5, 2012) and SIP Approval80 FR 19220 (April 10, 2015)

N/Aii
ϭϯ

Facility Sources Emissions Limits/Control 

technology of original SIP 

or FIP 

Subsequent Revision Actions Cost 

Effectiveness 

Determination 

(average $/ton)i

Compliance Date 

for NOx Controls 

APS 

Cholla Station Units 2, 3, 

& 4 

(FIP)- Emissions limit of 0.055 

lb/MMBtu determined as an average of the three units, based on a rolling 30-boileroperating-day average 

A BART reassessment is currently taking place for the Cholla facility. 

FIP Promulgated77 FR 72514(Dec. 5, 2012) 

$3,114-$3,472 for all unitsiii

12/5/2017 

SRP 

Coronado 

Station 

Units 1 & 

2 

(FIP)- Emissions limit of 0.065 

lb/MMBtu determined as an average of the two units, based on a rolling 30-boileroperating-day average 

On March 31, 2015, EPA published a NPRM -Proposed: Unit 1: emissions rate of 0.065 lb/MMbtu, which corresponds with a scenario consisting of low-load cycling operations (with steam reheat) and 3 cold startups within a 30-day period, to be a reasonable estimate of average SCR performanceUnit 2: emissions limit would remain at the level prescribed in a consent decree of 0.080 lb/MMBtu based on a 30-BOD basis 

FIP Promulgated77 FR 72514 (Dec. 5, 2012) and NPRM for revisions to NOx standard (March 31,2015)

$2,405 for unit 1iii

12/5/2017 
ϭκ

Facility Sources Emissions Limits/Control 

technology of original SIP 

or FIP 

Subsequent Revision Actions Cost 

Effectiveness 

Determination 

(average $/ton)i

Compliance Date 

For NOx Controls 

Freeport 

McMoran

Miami 

Smelter 

(FIP) - Annual emissions limit 

of 40 tpy of NOx emissions from BARTeligible units, which is consistent with current emissions 

FIP Promulgated- 79 FR 52420 (September 3, 2014)

Not applicable, no control technology installed

9/2/2016 

ASARCO 

Hayden 

Smelter

(FIP)

Annual emissions limit of 

40 tpy of NOx emissions 

applied to the converters 

and anode furnaces

FIP Promulgated79 FR 52420 

(September 3, 

2014)

Not applicable, 

no control 

technology 

installed 

9/4/2013 

Sundt Station Unit 4

(FIP) - Emission limit of 0.36 

lb/MMBtu, which is consistent with the use of SNCR with the existing LNB 

FIP Promulgated79 FR 52420 (September 3, 2014)

$3,222iv 9/4/2017 

Nelson Lime 

Plant

Kiln 1 &2 

(FIP) - Kiln 1: Emission limit of 

3.80 lb/ton of lime on a 12-month rolling average, consistent with use of LNB and SNCR 

- Kiln 2: emission limit of 

2.61 lb/ton on a 30-day rolling average, consistent with use of LNB and SNCR 

FIP Promulgated79 FR 52420 (September 3, 2014)

$807-$817 for both kilns iv

9/4/2017 
ϭρ

Facility Sources Emissions Limits/Control 

technology of original SIP 

or FIP 

Subsequent Revision Actions Cost 

Effectiveness 

Determination 

(average $/ton)i

Compliance Date 

for NOx Controls 

Phoenix 

Cement 

Company

Clarkdale

Kiln 4 

(FIP) 2.12 lb/ton based on a 30-day rolling average, consistent with use of SNCR

FIP Promulgated 79 FR 52420(Sept. 3, 2014) 

$1,142 12/31/2018 

CalPortland 

Cement 

Rillito 

Kiln 4 

(FIP) 2.67 lb/ton based on a 30-day rolling average, consistent with use of SNCR 

FIP Promulgated 79 FR 52420 (Sept. 3, 2014) 

$1,047 12/31/2018 

i Cost-effectiveness determination is EPA’s BART analysis for the Arizona Regional Haze Federal Implementation Plan unless otherwise noted ii Cost-effectiveness determination is not available for Arizona SIP revision related to AEPCO iii U.S. EPA, Arizona Regional Haze Technical Support Document, July 2012 iv 79 FR 9318, February 18, 2014 
 ǣ ʹͲͳͳ    Ǧ    

NEI Sector Emissions (TPY) Statewide Controls Maricopa County Controls Federal Controls

BiogenicsͲVegetation and Soil 14234.169

Fires Total 21577.14768

A.R.S. § 49Ͳ501 Unlawful open

burning, R18Ͳ2Ͳ602ͲUnlawful

Open Burning, R18Ͳ2Ͳ1501

through 1515 Forest and Range

Management Burns

Rule 314ͲOpen Outdoor Fires and Indoor

Fireplaces (Commercial/Institution)

Agricultual Field Burning 265.8575814

Prescribed 1079.060345

Wildfires 20232.22975

Comm/Institutional Fuel Combustion Total 1407.607628

Rule 323ͲFuel Burning Equipment from

Industrial/Commercial/ Institutional

Sources; Rule 324ͲStationary Internal

Combustion Engines

Various NSPS and NESHAP

(including RICE engine

regulations)

Biomass 169.913893

Coal 0.033

Natural Gas 1223.298954

Oil 12.4752333

Other 1.886548

EGU Fuel Combustion Total 35431.39268

Incorporation of NSPS and

NESHAP generally in A.A.C. Title

18, Chapter 2, Ariticle 9 and 11,

A.A.C. R18Ͳ2Ͳ903Ͳ NSPS Fossil

Fuel generators,various

Standards of Performance for

Existing sources, in A.A.C. Title

18, Chapter 2, Article 7

including A.A.C. R18Ͳ2Ͳ703

Standards of Performance for

Existing fossilͲfuel fired EGUs ;

R18Ͳ2Ͳ1605 Regional haze

rules (See Appendix C),

(backstop) State Standards of

Performance for Mercury

(including boiler tuneͲups) at

A.A.C. R18Ͳ2Ͳ734

Rule 322ͲPower Plant Operations; Rule

324ͲStationary Internal Combustion

Engines

Regional Haze FIPs(See

Appendix C), 40 CFR 63 Subpart

UUUUU, MATs ruleͲboiler tuneͲ

ups, Various NSPS & NESHAP

Biomass 210.961

Coal 32752.29

Natural Gas 2401.903793

Oil 65.43994248

Other 0.79794

Industrial Boilers Fuel Combustion Total 6558.291178

Incorporation of NSPS in A.A.C.

Title 18, Chapter 2, Article 9 ;

various NSR/PSD statutes and

rules; Voluntary permit

operating limitations to avoid

higher permitting thresholds, if

applicable; various other

standards for existing sources in

Article 7, includingR18Ͳ2Ͳ719

Standards of Performance for

Existing Stationary

Rotating Machinery

Incorporation of NSPS in Maricopa County

Rule 360; NSR/PSD in MC Rule 240

Various NSPS and NESHAP

(including RICE engine

regulations)

Biomass 0.007

Coal 2162.13

Natural Gas 2292.292674

Oil 2028.010466

Other 75.851038

Residential Fuel Combustion Total 2395.421425

A.R.S. § 49Ͳ501 Unlawful open

burning, R18Ͳ2Ͳ602 Unlawful

Open Burning

Rule 318ͲApproval of Residential

Woodburning Devices, Ordinance PͲ26Ͳ

Residential Woodburning Restriction,

Incorporation of NSPS in Maricopa County

Rule 360

40 CFR 60 Subparts AAA; RRRR,

QQQQͲNSPS for New Residential

Woood Heaters

Natural Gas 1733.00072

Oil 1.408546979

Other 376.339989

Wood 284.6721686

1ς
NEI Sector Emissions (TPY) Statewide Controls Maricopa County Controls Federal Controls

Industrial Processes Total 6006.324768

Incorporation of NSPS in A.A.C.

Title 18, Chapter 2, Ariticle 9;

various other standards for

existing sources in Article 7,

includingR18Ͳ2Ͳ719 Standards

of Performance for Existing

Stationary

Rotating Machinery and R18Ͳ2Ͳ

705 Existing Source

Performance Standards,

Portland Cement

Rule 324Ͳ Stationary Internal Combustion

Engines

Various NSPS and NESHAP

(including RICE engine

regulations)

Cement Manufacturing 2358.03526

Chemical Manufacturing 137.5846

Mining 217.05394

NonͲferrous metals 327.9875

Ferrous Metals &Oil and Gas Production & Pulp and

Paper & Storage and Transfer 52.17

IndustrialͲnot elsewhere classified 2913.493468

Waste Disposal 508.365094

A.R.S. § 49Ͳ501 Unlawful open

burning, R18Ͳ2Ͳ602ͲUnlawful

Open Burning,

Incorporation of NSPS in Maricopa County

Rule 360, Incinerators, BurnͲoff Ovens, and

Crematories in MC Rule 313; Open

Outdoor Fires and Indoor Fireplaces at

Commercial and Institutional MC Rule 314;

Hospital/Medial/Infectious Waste

Incinerators MC Rule 316; (Municipal Solid

Landfills MC Rule 321)

Solvent 1.26692

Mobile

Aircraft 2913.493468

40 CFR Part 87.1 to 87.64Ͳ

Control of Pollution for Aircraft

and Aircraft Engines

Locomotives 24124.48098

40 CFR Part 92.1 to 92.1108Ͳ

Control of Air Pollution from

Locomotives

NonͲroad equipment Total 29796.32751

RͲ18Ͳ802 through 805,

Emissions from (nonͲroad)

mobile sources

Tier 3 & Tier 4,40 CFR part 89 &

1039 and other emission and

control requirements

Diesel 24432.29457

Gasoline 3821.023603

Other 1543.009337

OnͲRoad Total 134015.8149

R18Ͳ2Ͳ1001 through 1031,

Vehicle Emissions Inspection

and Maintanence Program,

A.R.S 49Ͳ541Ͳ558.01, Annual

Emissions Inspection of Motor

Vehicles in Area A & B, A.R.S.

49Ͳ581Ͳ584,Ͳ587 and 49Ͳ588

throughͲ593 Travel Reduction

Program in Area A, A.R.S 49Ͳ

413 Goal to provide alternative

fuel statewide network; A.R.S

49Ͳ412ADEQ to require

exemption justifications for nonͲ

alt fuel gov't vehicles

Ordinance PͲ21ͲVehicle Idling Restriction

(Diesel)

Tier 2 emissions standards

(current), Tier 3 (start in 2017)Ͳ

40 CFR Part 86 Control of

Emissions from New and InͲuse

Highway Vehicles and Engines;

control of hazardous air

pollutants from mobile sources;

Exhaust and evaporative

emission standards for lightͲduty

vehicles and trucks, heavy duty

diesel fuel sulfur control

requirements; Compliance

Assurance Program 2000 for

standard durability;and other

emission and control

requirements

Diesel Heavy Duty Vehicles 67596.86623

Diesel Light Duty Vehicles 2790.250397

nonͲDiesel Heavy Duty Vehicles 1722.518502

nonͲDiesel Light Duty Vehicles 61906.17974

*Beginning in 2015, Maricopa County Air Quality Department intends to revise rules 322, 323, 324, related to NOx emissions, to make them more stringent.These rule revisions should be

implemented by 2017. For more information on these rulemakings: http://www.maricopa.gov/regulations/aq/pdf/meetingsAQEROPItems_2015Ͳ06Ͳ05.pdf

**The above listed rules and statutes are currently enforced in Arizona, but not all of them are necessarily updated into or approved into the SIP. ADEQ is not requesting EPA action on any of the

above listed rules and statutes.

ϭϳ
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SIP Revision: Clean Air Act 

Section 110(a)(2)(K) 

Air Quality Division 

'HFHPEHU, 2015)LQDO 
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SIP Revision: Clean Air Act Section 110(a)(2)(K) 

Table of Contents 

Table of Contents ......................................................................................................................................... iii 

Completeness Criteria (40 CFR Part 51, Appendix V, Section 2.0) .............................................................. iv 

1 Introduction ..................................................................................................................................... 1 

1.1 Affected SIP Revisions ......................................................................................................... 1 

1.2 Section 110(a)(2)(K) Requirements..................................................................................... 1 

2 Modeling for Plan Development ...................................................................................................... 3 

2.1 ADEQ and MPO Authority ................................................................................................... 3 

2.2 County Air Pollution Control Department Authority .......................................................... 4 

3 Modeling for Preconstruction Permits ............................................................................................ 7 

3.1 State Authority .................................................................................................................... 7 

3.1.1 New Minor Sources and Minor Modifications ................................................... 7 

3.1.2 New Major Sources and Major Modifications to Existing Major Sources .......... 8 

3.2 County Authority............................................................................................................... 10 

4 General Authority to Conduct Modeling and Submit Data to Administrator ................................ 11 

Appendix A – Arizona Revised Statutes Section 49-104(A)(3) and (B)(1) ................................................... 13 

iii 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

Completeness Criteria 

(40 CFR Part 51, Appendix V, Section 2.0) 

Appendix V Section 2.1 - Administrative Materials 

(a) A formal signed, stamped, and dated letter of submittal from the 

Governor or his designee, requesting EPA approval of the plan or 

revision thereof (hereafter “the plan”). If electing to submit a paper 

submission with a copy in electronic version, the submittal letter must 

verify that the electronic copy provided is an exact duplicate of the 

paper submission. 

See the cover letter for this SIP submission and Enclosure 2, which contains delegation of 

authority from Misael Cabrera, Director of ADEQ, to Eric Massey, Director of the ADEQ Air 

Quality Division, authorizing Mr. Massey to perform any act the ADEQ Director is authorized to 

perform under the state air quality statutes, including the submission of SIPs to EPA. 

(b) 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 shall include the 

date of adoption or final issuance as well as the effective date of the plan, 

if different from the adoption/issuance date. 

See cover letter. 

(c) Evidence that the State has the necessary legal authority under 

State law to adopt and implement the plan. 

Arizona is authorized to adopt and implement SIPs under Arizona Revised Statutes (A.R.S.) 

Sections 49-104, 49-106, 49-404, 49-406 and 49-425. Copies of these statutes are in Enclosure 

2. 

iv 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

(d) 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. The submission shall include 

a copy of the official State regulation/document, signed, stamped, and 

dated by the appropriate State official indicating that it is fully 

enforceable by the State. The effective date of any regulation/document 

contained in the submission shall, whenever possible, be indicated in the 

regulation/document itself; otherwise the State should include a letter 

signed, stamped, and dated by the appropriate State official indicating 

the effective date. If the regulation/document provided by the State for 

approval and incorporation by reference into the plan is a copy of an 

existing publication, the State submission should, whenever possible, 

include a copy of the publication cover page and table of contents. 

A certified copy of A.R.S. Section 49-104(A)(3) and (B)(1) to be approved into the SIP is in 

Appendix A. 

(e) 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. 

Proof that ADEQ followed procedural requirements of Arizona state laws and constitution in 

adopting this plan is in Enclosure 2. 

(f) Evidence that public notice was given of the proposed change 

consistent with procedures approved by EPA, including the date of 

publication of such notice. 

Proof that ADEQ gave notice of the SIP Revision in accordance with A.R.S. Section 49-444 is in 

Enclosure 2. ADEQ published a notice of this SIP revision in the Arizona Republic newspaper on 

October 16, 2015, and October 19, 2015. Public notice was also given through ADEQ’s website 

and sent to an email subscriber list of interested stakeholders on October 16, 2015. 

(g) 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 public hearing 

requirements in 40 CFR 51.102. 

The certification and other documents related to the public hearing are in Enclosure 2. ADEQ 

held a public hearing on November 17, 2015. 

v 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

(h) Compilation of public comments and the State’s response thereto. 

The public comment responsiveness summary is in Enclosure 2. 

Appendix V Section 2.1 - Technical Support 

(a) Identification of all regulated pollutants affected by the plan. 

This revision applies to all previous and future National Ambient Air Quality Standards for all 

criteria pollutants. 

(b) 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). 

Not applicable. 

(c) 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 between certain baseline levels and allowable emissions 

anticipated as a result of the revision. 

Not applicable. 

(d) The State's demonstration that the national ambient air quality 

standards, prevention of significant deterioration increments, 

reasonable further progress demonstration, and visibility, as applicable, 

are protected if the plan is approved and implemented. For all requests 

to redesignate an 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 primary 

ambient air quality standards for at least 10 years as required by section 

175A of the Act. 

Not applicable. 

vi 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

(e) 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 the modeling analysis. 

Not applicable. 

(f) Evidence, where necessary, that emission limitations are based on 

continuous emission reduction technology. 

Not applicable. 

(g) Evidence that the plan contains emission limitations, work practice 

standards and recordkeeping/reporting requirements, where 

necessary, to ensure emission levels. 

Not applicable. 

(h) Compliance/enforcement strategies, including how compliance 

will be determined in practice. 

Not applicable. 

(i) Special economic and technological justifications required by any 

applicable EPA policies, or an explanation of why such justifications are 

not necessary. 

No known deviations from EPA policy. 

vii 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

1 Introduction 

1.1 Affected SIP Revisions 

Within three years after the promulgation of a primary or secondary National Ambient Air 

Quality Standard (NAAQS) or any revision of a NAAQS, Clean Air Act (CAA) section 110(a)(1) 

requires each state to submit to the Environmental Protection Agency (EPA) an infrastructure 

state implementation plan (I-SIP) revision that provides for the implementation, maintenance, 

and enforcement of the NAAQS. CAA section 110(a)(2) sets the specific content requirements 

for these infrastructure plans. 

On November 5, 2012, EPA approved in part and disapproved in part infrastructure SIPs the 

Arizona Department of Environmental Quality (ADEQ) submitted for the 1997 8-hour ozone and 

1997 and 2006 PM2.5 NAAQS.1

 On July 14, 2015, EPA partially approved and partially 

disapproved ADEQ’s infrastructure SIP submissions for the new 2008 lead and 2008 ozone 

NAAQS.2

 With respect to CAA section 110(a)(2)(K), EPA disapproved the submissions because 

ADEQ, Pinal, Pima, and Maricopa counties did not submit adequate provisions or a narrative 

that explained how existing state and county laws satisfy requirements related to air quality 

modeling and submission of air quality modeling data to the Administrator. 

This submittal explaining how Arizona complies with CAA section 110(a)(2)(K) applies to the 

above infrastructure SIPs, as well as any infrastructure SIPs ADEQ may submit in the future. 

1.2 Section 110(a)(2)(K) Requirements 

CAA section 110(a)(2)(K) requires that SIPs provide for— 

(i) the performance of such air quality modeling as the Administrator may prescribe for the 

purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for 

which the Administrator has established a national ambient air quality standard, and 

(ii) the submission, upon request, of data related to such air quality modeling to the 

Administrator. 

Modeling “for the purpose of predicting the effect on ambient air quality of any emissions of” 

criteria pollutants is required in two contexts relevant to CAA section 110— 

1

 77 FR 66398 (November 5, 2012). 

2

 80 FR 40906 (July 14, 2015).

1 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

1. Developing plans designed to assure that all areas of the state either already meet or

will attain the National Ambient Air Quality Standards (NAAQS) and Prevention of

Significant Deterioration (PSD) requirements.3

2. Issuing preconstruction permits designed to assure that a new source does not cause or

contribute to a NAAQS violation.4

EPA guidance recommends that, at a minimum, states identify the statutory or regulatory 

provisions that provide state and local air agencies the authority to perform the above actions, 

along with a narrative of how the provisions meet the requirements above.5

 The following 

discussion demonstrates how Arizona statutes and rules establish the necessary modeling 

authority for state and local agencies charged with meeting the planning (Section 2) and 

permitting (Section 3) responsibilities of the Clean Air Act. Finally, it describes general grants of 

authority to ADEQ that also encompass the ability to conduct modeling (Section 4). 

3 See CAA §§ 110(a)(1), (a)(2)(I), (a)(2)(K); 163; 172(a)(1) and (6) 

4 See CAA §§ 110(a)(2)(C); 165 

5

 2013 Infrastructure SIP Guidance, pg. 55, accessed here: 

http://www.epa.gov/air/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINA

L_Sept_2013.pdf 

2 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

2 Modeling for Plan Development 

The Arizona legislature has vested responsibility for the development of state implementation 

plans (SIPs) and, thus, primary authority to conduct modeling connected with plan 

development in ADEQ and metropolitan planning organizations (MPOs). 

ADEQ’s and the MPOs’ plan development modeling responsibilities extend to areas subject to 

the jurisdiction of county air pollution control departments (APCDs). The legislature has not 

given direct responsibility for plan development modeling to the APCDs but has authorized 

ADEQ and the MPOs to delegate that responsibility to the counties. 

2.1 ADEQ and MPO Authority 

Section 49-406(A) and (B), Arizona Revised Statutes (A.R.S.), divides responsibility for 

developing SIPs for certain nonattainment and maintenance plans as follows: 

A. For any ozone, carbon monoxide, or particulate nonattainment or maintenance 

area the governor shall certify the metropolitan planning organization [MPO] designated 

to conduct the continuing, cooperative, and comprehensive transportation planning 

process for that area under 23 United States Code section 134 as the agency responsible 

for the development of a nonattainment or maintenance area plan for that area. 

B. For any ozone, carbon monoxide, or particulate nonattainment or maintenance 

area for which no metropolitan planning organization exists, the department [ADEQ] 

shall be certified as the agency responsible for development of a nonattainment or 

maintenance area plan for that area. 

Section 49-404 gives ADEQ responsibility for the development of other SIPs: 

A. The director shall maintain a state implementation plan that provides for 

implementation, maintenance, and enforcement of national ambient air quality 

standards and protection of visibility as required by the Clean Air Act. 

B. The director may adopt rules that describe procedures for adoption of revisions 

to the state implementation plan. 

C. ...The director shall evaluate and 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.6

(Emphasis added.) 

6

 ADEQ has not adopted rules establishing SIP adoption or revision procedures under subsection (B), so subsection 

(C) remains operative. 

3 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

Thus, in ozone, carbon monoxide, and particulate matter nonattainment and maintenance 

areas with MPOs, the MPOs have responsibility for developing ozone, carbon monoxide, and 

particulate matter nonattainment and maintenance plans under section 49-406(A).7

 ADEQ has 

responsibility for the development of all other SIPs under sections 49-406(B) and 49-404. 

State law defines a SIP as “the accumulated record of enforceable air pollution control 

measures, programs, and plans adopted by the director and submitted to the administrator 

pursuant to 42 United States Code section 7410.”8

The authority to develop a SIP necessarily encompasses the authority to conduct modeling and 

to submit modeling results to EPA.9 Without the authority to conduct modeling, ADEQ and the 

MPOs could not develop SIPs meeting the requirements of section 110 of the Clean Air Act “in 

conformity with federal regulations and guidelines promulgated by the administrator,” as 

directed by the legislature. In addition to the explicit requirements of section 110(a)(2)(K) itself, 

numerous provisions of section 110 and requirements cross-referenced in section 110 implicitly 

require modeling to determine whether the NAAQS will be attained.10

In addition, as discussed in greater detail in the following section of this document, A.R.S. 

sections 49-406(C)-(F) provide for the adoption of a memorandum of agreement (MOA) for the 

division of plan development responsibilities among state, regional, and local agencies. Section 

49-406(F)(9) requires the MOA to address the “[r]esponsibility for conducting air quality 

modeling.” Thus, the Arizona legislature has specifically recognized that SIP development 

necessarily entails the ability to perform modeling. 

Therefore, ADEQ and the MPOs have the authority to conduct modeling and submit the results 

to EPA required by section 110(a)(2)(K). The joint authority of ADEQ and the MPOs extends to 

all areas of the state, including areas subject to the APCDs. 

2.2 County Air Pollution Control Department Authority 

The primary role of APCDs is to develop and enforce control requirements, including permit 

programs, for stationary sources that may be included in a SIP, as well as other control 

requirements required by state or federal law.11 In Arizona, the APCDs are the Pinal County Air 

7

 In Arizona, the relevant MPOs are Maricopa Association of Governments, Pima Association of Governments, and 

Sun Corridor Metropolitan Planning Organization (Pinal County). The MPO plans are submitted to ADEQ, which 

then submits them to the Administrator. 

8

 See A.R.S. § 49-401.01(35) “Definitions.” 

9

 See Ethridge v. Arizona State Bd. of Nursing, 165 Ariz. 97, 105 (Ct. App. 1989) (state agency has authority that 

“may be reasonably implied from the statutory scheme so as to carry out the purpose and intent of the legislative 

mandate.”) 

10 See, e.g., CAA §§ 110(a)(1), 110(a)(2)(A), 172(c)(1).

11 See A.R.S. §§ 49-479, 49-480, 49-510 to 514. Section 3 addresses the authority of the APCDs to conduct 

modeling in connection with permit programs adopted under these authorities. The division of regulatory, 

permitting, and enforcement authority between ADEQ and the APCDs is explained in ADEQ’s 2014 NSR SIP 

Revision Supplement. 

4 

 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

Quality Control District, Pima County Department of Environmental Quality, and Maricopa 

County Air Quality Department. 

Although the APCDs thus do not have direct responsibility for conducting modeling in 

connection with SIP development, that authority may be delegated to the counties. 

ADEQ has broad authority to delegate “any functions, powers, or duties,” to local agencies, 

including APCDs, under A.R.S. section 49-107(A). ADEQ could delegate the responsibility to 

conduct plan development modeling to the county APCDs under this provision. 

Section 49-406(C)-(F), A.R.S., provides another mechanism for assigning modeling responsibility 

to county APCDs: 

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 [MPO], 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 [MPO], the county air 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, regional 

agencies, 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 [MPO], and the department of transportation 

shall enter into a memorandum of agreement for the purpose of coordinating the 

implementation of the procedures described in subsection C 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 for determining 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. 

5 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

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 

emissions data. 

9. Responsibility for conducting air quality modeling. 

10. Responsibility for administering and enforcing stationary source 

controls. 

11. Provisions for the timely and periodic sharing of all data and 

information among the signatories relating to: 

(a) Demographics. 

(b) Transportation. 

(c) Emissions inventories. 

(d) Assumptions used in developing the model. 

(e) Results of modeling done in support of the plan. 

(f) Monitoring data. 

(Emphasis added.) 

Under A.R.S. section 49-406, ADEQ, the relevant MPO, air pollution control department, and 

department of transportation must enter into a memorandum of agreement. The 

memorandum must address the division of responsibilities for the development of ozone, 

carbon monoxide, and particulate matter nonattainment and maintenance area plans, including 

the responsibility for conducting air quality modeling. 

Thus, a county APCD may be delegated the responsibility to conduct modeling for plan 

development purposes and, when that occurs, will possess the authority required under CAA 

section 110(a)(2)(K). 

On the other hand, when modeling authority has not been delegated,12 the authority to 

conduct plan development modeling rests with ADEQ and the MPOs, and this authority covers 

the entire state. 

12 As of October 16, 2015 the current MOA under section 49-406 for Pima County assigns modeling responsibility 

to the Pima County Department of Environmental Quality, as well as ADEQ and PAG; neither Maricopa nor Pinal 

County currently has delegated authority to conduct modeling under an MOA or delegation agreement. 

6 

 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

3 Modeling for Preconstruction Permits 

ADEQ has authority to conduct or require air quality modeling when issuing preconstruction 

permits for minor and major sources as well as modifications. 

Pinal, Pima, and Maricopa Counties’ air pollution control departments also have authority 

under their regulations to conduct air quality modeling related to preconstruction permits for 

major sources as well as modifications. 

3.1 State Authority 

3.1.1 New Minor Sources and Minor Modifications 

ADEQ has adopted Arizona Administrative Code (A.A.C.) R18-2-334 to establish a minor NSR 

program satisfying section 110(a)(2)(C) of the CAA. EPA has granted limited approval to this 

program.13 Subsection (C)(2) of R18-2-334 gives ADEQ the authority to require modeling from, 

or perform air quality modeling on behalf of, a new or modified minor source as follows: 

C. The Director shall not issue a proposed final Class I permit or permit revision or a 

Class II permit or permit revision subject to this Section to a person proposing to 

construct a new source or make a minor NSR modification unless the source or 

modification meets one of the following conditions for each regulated minor NSR 

pollutant subject to this section: 

.... 

2. An ambient air quality assessment demonstrates that emissions from the 

source or minor NSR modification will not interfere with attainment or 

maintenance of a standard imposed in Article 2 of this Chapter. 

a. An owner or operator may elect to have the Director perform a 

SCREEN model of its emissions. If the results of the SCREEN model 

indicate that the source or minor NSR modification will interfere with 

attainment or maintenance of a standard imposed in Article 2 of this 

Chapter, the owner or operator may perform a more refined model to 

make the demonstration required by this subsection. 

b. The requirements of this subsection shall be satisfied, if the 

results of the SCREEN or more refined modeling conducted pursuant to 

subsection (B)(2)(a) demonstrate either of the following: 

i. Ambient concentrations resulting from emissions from the 

source or modification combined with existing concentrations of 

regulated minor NSR pollutants will not cause or exacerbate the 

violation of a standard imposed in Article 2 of this Chapter. 

13 80 FR 67319 (November 2, 2015). 

7 

 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

ii. Emissions from the source or minor modification will have 

an ambient impact below the significance levels as defined in R18-

2-401. 

c. The assessment required by this subsection shall take into 

account any limitations, controls, or emissions decreases that are or will 

be enforceable in the permit or permit revision for the source. 

Section R18-2-334(I), A.A.C., sets requirements for the air quality modeling: 

I. All modeling required pursuant to this Section shall be conducted in accordance 

with 40 CFR 51, Appendix W. 

Thus, under A.A.C. section R18-2-334, ADEQ has authority to require modeling from, or perform 

air quality modeling on behalf of, a minor source in order to assess whether the source will 

cause or contribute to a NAAQS violation, and that modeling must be performed in accordance 

with EPA guidelines. 

3.1.2 New Major Sources and Major Modifications to Existing Major 

Sources 

Sections 110(a)(2)(C) and (a)(2)(J) of the CAA require SIPs to include a preconstruction permit 

program for major sources and major modifications meeting the requirements of CAA section 

165 for prevention of significant deterioration (PSD). A PSD program must include a 

requirement that the owner or operator of the source demonstrate (through monitoring and 

modeling) that the source will not cause or contribute to a violation.14

ADEQ has the authority to require modeling meeting PSD requirements under R18-2-406(A)(5) 

and (6), which has also been granted limited approval by EPA: 

A. Except as provided in subsections (B) through (G) below and R18-2-408 

(Innovative control technology), no permit or permit revision under this Article shall be 

issued to a person proposing to construct a new major source or make a major 

modification to a major source that would be constructed in an area designated as 

attainment or unclassifiable for any regulated NSR pollutant unless the source or 

modification meets the following conditions: 

.... 

5. The person applying for the permit or permit revision under this Article 

performs an air impact analysis and monitoring as specified in R18-2-407, and 

such analysis demonstrates that allowable emission increases from the proposed 

new major source or major modification, in conjunction with all other applicable 

emission increases or reductions, including secondary emissions, for all 

pollutants listed in R18-2-218(A), and including minor and mobile source 

emissions of nitrogen oxides and PM10: 

14 CAA § 165(a)(3). 

8 

 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

a. Would not cause or contribute to concentrations of conventional 

air pollutants in violation of any ambient air quality standard in Article 2 

of this Chapter in any air quality control region or any applicable 

maximum allowable increase under R18-2-218 over the baseline 

concentration for any attainment or unclassified area; or 

b. Would not contribute to an increase in ambient concentrations 

for a pollutant by an amount in excess of the significance level for such 

pollutant in any adjacent area in which Arizona primary or secondary 

ambient air quality standards for that pollutant are being violated. A new 

major source of volatile organic compounds or nitrogen oxides, or a 

major modification to a major source of volatile organic compounds or 

nitrogen oxides shall be presumed to contribute to violations of the 

Arizona ambient air quality standards for ozone if it will be located within 

50 kilometers of a nonattainment area for ozone. The presumption may 

be rebutted for a new major source or major modification if it can be 

satisfactorily demonstrated to the Director that emissions of volatile 

organic compounds or nitrogen oxides from the new major source or 

major modification will not contribute to violations of the Arizona 

ambient air quality standards for ozone in adjacent nonattainment areas 

for ozone. Such a demonstration shall include a showing that 

topographical, meteorological, or other physical factors in the vicinity of 

the new major source or major modification are such that transport of 

volatile organic compounds emitted from the source are not expected to 

contribute to violations of the ozone standards in the adjacent 

nonattainment areas. 

6. Air quality models: 

a. All estimates of ambient concentrations required under this 

Section shall be based on the applicable air quality models, data basis, 

and other requirements specified in 40 CFR 51, Appendix W, “Guideline 

On Air Quality Models,” as of July 1, 2011 (and no future amendments or 

editions), which shall be referred to hereinafter as “Guideline” and is 

adopted by reference and is on file with the Department. 

b. Where an air quality impact model specified in the “Guideline” is 

not applicable, the model may be modified or another model substituted. 

Such a change shall be subject to notice and opportunity for public 

comment. Written approval of the EPA Administrator shall be obtained 

for any modification or substitution. 

Under section R18-2-406, ADEQ will not issue a permit to a new major source or a major source 

making major modifications unless the source seeking the permit performs air quality modeling 

as part of an air impact analysis or monitoring in order to indicate whether or not the source 

will contribute to a NAAQS violation. Any air quality modeling conducted shall follow 

requirements set forth in 40 CFR 51, Appendix W. If a model specified in 40 CFR 51, Appendix W 

9 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

is not applicable, the model can be modified or another model substituted, as long as there is 

proper public notice and comment period and written permission from the Administrator. 

3.2 County Authority 

Maricopa County has proposed amendments to its NSR program to require minor sources to 

conduct an air quality impact assessment at the request of the Control Officer and to bring the 

county’s major NSR program into full compliance with current EPA and ADEQ requirements.15

Pima and Pinal county APCDs are currently developing amendments to bring their minor and 

major NSR programs into compliance with federal and state rules. 

Each of the county APCDs has existing regulations establishing the authority to require 

modeling in connection with PSD permits that are substantially identical to ADEQ’s.16

In addition, as explained in the July 20, 2014 State Implementation Plan for NSR Supplemental 

Information sections 2.2(b) and 2.4, Pinal County currently has delegated authority to 

administer ADEQ’s PSD program. 

15 21 A.A.R. 2124 (October 2, 2015). 

16 Maricopa County Air Pollution Control Regulations, Rule 240, § 308.1(e)-(f); Pima County Code of Regulations § 

17.16.590(A)(5)-(6); Pinal County Air Quality Control District Code of Regulations § 3-3-250(A)(5)-(6). 

10 

 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

4 General Authority to Conduct Modeling and Submit 

Data to Administrator 

In addition to the specific provisions relating to plan development and preconstruction 

modeling, a number of statutes provide ADEQ broad general authority that encompasses the 

ability to conduct modeling and submit the results to EPA. 

Section 49-104(A)(3)-(4), Arizona Revised Statutes (A.R.S.), gives ADEQ authority to conduct air 

quality modeling and provide such data to the Administrator as follows: 

 A. The department shall: 

 .... 

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. 

Section 49-104(B)(1) and section 49-104(B)(5), A.R.S., grant ADEQ the authority to contract 

outside services to help the department perform its duties, including air quality modeling: 

 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 adequately 

perform its duties. 

 .... 

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

department program. 

Section 49-104(B)(3), A.R.S., gives ADEQ the authority to use any medium of communication, 

publication, and exhibition when sharing and distributing air quality information: 

 B. The department, through the director, shall: 

 .... 

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

disseminating information, advertising, and publicity in any field of its purposes, 

objectives, or duties. 

Thus, under A.R.S. section 49-104, ADEQ has the broad authority to conduct air quality 

modeling and provide air quality modeling information as part of its general research or at the 

request of EPA. If certain air quality modeling is outside of ADEQ’s scope, the agency can 

contract outside services. In addition, section 49-104 provides ADEQ the authority to use any 

medium of communication when sharing this information, further enabling the agency to 

submit air quality modeling data to EPA required by CAA section 110(a)(2)(K). 

11 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

Finally, section 49-422(A)(3), A.R.S., gives ADEQ the authority to require any source to assess its 

impact on levels of air pollution: 

A. In addition to any other powers vested in it by law, the department [ADEQ] may: 

.... 

3. Require, as specified in subsections B and C of this section, any source of 

air contaminants to monitor, sample, or perform other studies to quantify 

emissions of air contaminants or levels of air pollution that may reasonably be 

attributable to that source, if the director either: 

(a) Determines that monitoring, sampling, or other studies are 

necessary to determine the effects of the source on levels of air pollution. 

(b) Has reasonable cause to believe a violation of this chapter, rules 

adopted pursuant to this chapter or a permit issued pursuant to this 

chapter has been committed. 

(c) Determines that those studies or data are necessary to 

accomplish the purposes of this chapter, and that the monitoring, 

sampling, or other studies by the source are necessary in order to assess 

the impact of the source on the emission of air contaminants. 

12 
SIP Revision: Clean Air Act Section 110(a)(2)(K) 

Appendix A – Arizona Revised Statutes Section 49-

104(A)(3) and (B)(1) 

13 







This page is intentionally blank. 
Enclosure 2 

Administrative Materials: 

x Copies of Arizona State Legal Authorities: 

o A.R.S. Section 49-104 

o A.R.S. Section 49-106 

o A.R.S. Section 49-404 

o A.R.S. Section 49-406 

o A.R.S. Section 49-425 

x Letter to Eric Massey from Misael Cabrera dated August 17, 2015 

x Public Process Documentation: 

o Affidavit of Public Notice Publication 

o Public Hearing Officer Certification 

o Public Hearing Agenda 

o Public Hearing Sign-In Sheet 

o Public Hearing Transcript 

o Responsiveness Summary 
This page is intentionally blank. 
Authorizing Statute 

A.R.S. § 49-104 

A.R.S. § 49-104. Powers and duties of the department and director 

A. The department shall: 

1. Formulate policies, plans and programs to implement this title to protect the environment. 

2. Stimulate and encourage all local, state, regional and federal governmental agencies and all 

private persons and enterprises that have similar and related objectives and purposes, 

cooperate with those agencies, persons and enterprises and correlate department plans, 

programs and 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 the legislature on all matters 

concerning department objectives. 

6. Promote and coordinate the management of air resources to assure their protection, 

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 

administered by 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 projects in the United States 

and Mexico on issues that are within the scope of the department's duties and that relate to 

quality of life, trade and economic development in this state in a manner that will help the 

Arizona-Mexico commission to assess and enhance the economic competitiveness of this state 

and of the Arizona-Mexico region. 
Authorizing Statute 

A.R.S. § 49-104 

17. Unless specifically authorized by the legislature, ensure that state laws, rules, standards, 

permits, variances and orders are adopted and construed to be consistent with and no more 

stringent than the corresponding federal law 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 adequately perform 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 the general purposes and objectives of this chapter. Monies 

received pursuant to this paragraph shall be deposited in the department fund corresponding to 

the service, publication or program provided. 

8. Provide for the examination of any premises if the director has reasonable cause 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 on an 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. 

10. Adopt and enforce rules relating to approving design documents for constructing, improving 

and operating sanitary engineering and other facilities for disposing of solid, liquid or gaseous 

deleterious matter. 

11. Define and prescribe reasonably necessary rules regarding the water supply, sewage 

disposal and garbage collection and disposal for subdivisions. The rules shall: 

(a) Provide for minimum sanitary facilities to be installed in the subdivision and may 

require that water systems plan for future needs and be of adequate size and capacity 

to deliver specified minimum quantities of drinking 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 
Authorizing Statute 

A.R.S. § 49-104 

standards and rules has been demonstrated 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 prescribe minimum 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: 

(a) Prescribe minimum standards for human excreta storage, handling, treatment, 

transportation and disposal and shall provide for inspection of premises, processes and 

vehicles and for abating as public nuisances any premises, processes or vehicles that do 

not comply with the minimum standards. 

(b) Provide that vehicles transporting human excreta from privies, septic tanks, 

cesspools and other treatment processes shall be licensed by the department subject to 

compliance with the rules. The department may require payment of a fee as a condition 

of licensure. After July 20, 2011, 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 article 2 of this chapter. 
Authorizing Statute 

A.R.S. § 49-104 

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 employee 

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 for issuance 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 department use the services of the 

consultant and by agreeing to pay the department the costs of the consultant's services. 

Notwithstanding any other law, monies paid by applicants for expedited reviews pursuant to 

this paragraph are appropriated to the department for use in paying consultants for services. 

D. The director may: 

1. If the director has reasonable cause to believe that a violation of any environmental law or 

rule exists or is being committed, inspect any person or property in transit through this state 

and any vehicle in which the person or property is being transported and detain or disinfect the 

person, property or vehicle as reasonably necessary to protect the environment if a violation 

exists. 

2. Authorize in writing any qualified officer or employee in the department to perform any act 

that the director is authorized or required to do by law. 
This page is intentionally blank. 
Authorizing Statute 

A.R.S. § 49-106 

A.R.S. § 49-106. Statewide application of rules 

The rules adopted by the department apply and shall be observed throughout this state, or as provided 

by their terms, and the appropriate local officer, council or board shall enforce them. This section does 

not limit the authority of local governing bodies to adopt ordinances and rules within their respective 

jurisdictions if those ordinances and rules do not conflict with state law and are equal to or more 

restrictive than the rules of the department, but this section does not grant local governing bodies any 

authority not otherwise provided by separate state law. 
This page is intentionally blank. 
Authorizing Statute 

A.R.S. § 49-404 

A.R.S. § 49-404. State implementation plan 

A. The director shall maintain a state implementation plan that provides for implementation, 

maintenance and enforcement of national ambient air quality standards and protection of visibility as 

required by the clean air act. 

B. The director may adopt rules that describe procedures for adoption of revisions to the state 

implementation plan. 

C. The state implementation plan and all revisions adopted before September 30, 1992 remain in effect 

according to their terms, except to the extent otherwise provided by the clean air act, inconsistent with 

any provision of the clean air act, or revised by the administrator. No control requirement in effect, 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 evaluate and 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. 
This page is intentionally blank. 
Authorizing Statute 

A.R.S. § 49-406 

A.R.S. § 49-406. Nonattainment area plan 

A. For any ozone, carbon monoxide or particulate nonattainment or maintenance area the governor 

shall certify the metropolitan planning organization designated to conduct the continuing, cooperative 

and comprehensive transportation planning process for that area under 23 United States Code section 

134 as the agency responsible for the development of a nonattainment or maintenance area plan for 

that area. 

B. For any ozone, carbon monoxide or particulate nonattainment or 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 county air 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, regional agencies 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 subsection C 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 for determining 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 emissions data. 

9. Responsibility for conducting air quality modeling. 

10. Responsibility for administering and enforcing stationary source controls. 
Authorizing Statute 

A.R.S. § 49-406 

11. Provisions for the timely and periodic sharing of all data and information among the 

signatories relating to: 

(a) Demographics. 

(b) Transportation. 

(c) Emissions inventories. 

(d) Assumptions used in developing the model. 

(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 plan shall 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 the measure. 

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 or 

maintenance 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 resolution adopted 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. 

K. Notwithstanding subsections A and B of this section, in any metropolitan area with a metropolitan 

statistical area population of less than two hundred fifty thousand persons, the governor shall designate 

an agency that meets the criteria of section 174 of the clean air act and that is recommended by the city 
Authorizing Statute 

A.R.S. § 49-406 

that causes the metropolitan area to exist and the affected county. That agency shall prepare and adopt 

the nonattainment or maintenance area plan. If the governor does not designate an agency, the 

department shall be certified as the agency responsible for the development of a nonattainment or 

maintenance area plan for that area. 
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Authorizing Statute 

A.R.S. § 49-425 

A.R.S. § 49-425. Rules; hearing 

A. The director shall adopt such rules as he determines are necessary and feasible to reduce the release 

into the atmosphere of air contaminants originating within the territorial limits of the state or any 

portion thereof and shall adopt, modify, and amend reasonable standards for the quality of, and 

emissions into, the ambient air of the state for the prevention, control and abatement of air pollution. 

Additional standards shall be established for particulate matter emissions, sulfur dioxide emissions, and 

other air contaminant emissions determined to be necessary and feasible for the prevention, control 

and abatement of air pollution. In fixing such ambient air quality standards, emission standards or 

standards of performance, the director shall give consideration but shall not be limited to the relevant 

factors prescribed by the clean air act. 

B. No rule may be enacted or amended except after the director first holds a public hearing after twenty 

days' notice of such hearing. The proposed rule, or any proposed amendment of a rule, shall be made 

available to the public at the time of notice of such hearing. 

C. The department shall enforce the rules adopted by the director. 

D. All rules enacted pursuant to this section shall be made available to the public at a reasonable charge 

upon request. 
This page is intentionally blank. 

This page is intentionally blank. 




Public Hearing Transcript 

1 PROPOSED ARIZONA AIR QUALITY 

2 STATE IMPLEMENTATION PLAN (SIP) 

3 REVISIONS FOR 2008 OZONE AND 2010 NITROGEN DIOXIDE TRANSPORT AND 

4 MODELING FOR ALL STANDARDS 

5

6

7 Oral Proceeding 

8 Transcript 

9

10 November 17, 2015 

11

12 Bruce Friedl: Good afternoon, thank you for coming. I now open this hearing on 

13 the proposed revisions to Arizona’s State Implementation Plan, or SIP, regarding 

14 interstate transport of emissions for the 2008 Ozone and 2010 Nitrogen Dioxide 

15 National Ambient Air Quality Standards and air quality modeling for all standards. 

16

17 The proceeding is being recorded and will be preserved for the record. 

18

19 Today is November 17, 2015, and the time is 2:14 p.m. The location is conference 

20 room 3100B at the Arizona Department of Environmental Quality, 1110 West 

21 Washington Street, Phoenix, Arizona 85007. My name is Bruce Friedl, and I have 

22 been appointed by the Director of the Arizona Department of Environmental 

23 Quality (ADEQ) to preside at this proceeding. 

24 

25 The purposes of this proceeding are to provide the public an opportunity to: 

26 (1) Hear about the substance of the proposed SIP revisions, and 

27 (2) Present oral argument, data, and views regarding the revisions in the form of 

28 comments on the record. 

29

30 Department representatives for today’s hearing are Lesley Forst, Heidi Haggerty, 

31 and Natalie Muilenberg of the Air Quality Division’s State Implementation Plan 

32 Section. 

1
Public Hearing Transcript 

1

2 Public notice of the SIP revisions was published in the Arizona Republic on 

3 October 16 and 19, 2015, and was also provided on ADEQ’s website. Paper copies 

4 of the proposed SIP revisions were made available at the ADEQ Phoenix Records 

5 Center starting October 16, 2015, and will remain available until the close of 

6 comment period, which is 5:00 p.m. today. 

7

8 If you wish to make a verbal comment, you need to fill out a speaker slip, which is 

9 available at the sign-in table, and give it to me. Using speaker slips allows 

10 everyone an opportunity to be heard and allows us to match the name on the 

11 official record with the comments. You may also submit written comments to me 

12 today. 

13

14 Please note the comment period for the proposed SIP revisions ends today and all 

15 comments must be received by 5:00 p.m. 

16

17 Comments made during the formal comment period are required by law to be 

18 considered by the Department when preparing the final State Implementation 

19 Plan submission for the Environmental Protection Agency. This is done through 

20 the inclusion of a responsiveness summary in which the Department responds in 

21 writing to written and oral comments made during the formal comment period 

22 and hearing. 

23

24 The agenda for this hearing is as follows: 

25

26 First, we will present a brief overview of the proposed revisions to the State 

27 Implementation Plan. 

28

29 Then I will conduct the oral comment period. At that time, I will begin to call 

30 speakers in the order that I have received speaker slips. 

31

2
Public Hearing Transcript 

1 Please be aware that any comments at today's hearing that you want the 

2 Department to formally consider must be given either in writing or on the record 

3 during the oral comment period of this hearing. 

4

5 At this time, Lesley Forst will give a brief overview of the proposed revision 

6 relating to interstate transport of emissions for the 2008 ozone National Ambient 

7 Air Quality Standards. Lesley? 

8

9 Lesley Forst: Thanks, Bruce. 

10

11 Clean Air Act (C.A.A.) section 110(a)(2)(D) requires each State Implementation 

12 Plan (SIP) to contain adequate provisions to prohibit any source or type of 

13 emission activity from contributing significantly to any other state’s 

14 nonattainment of a national ambient air quality standard (NAAQS) or from 

15 interfering with maintenance of such NAAQS. Also, a SIP shall prohibit any source 

16 or emission activity from interfering with any other state’s ability to comply with 

17 prevention of significant deterioration of air quality or from protecting visibility. 

18

19 This State Implementation Plan (SIP) revision addresses these interstate pollution 

20 transport requirements for the 2008 Ozone National Ambient Air Quality 

21 Standards (NAAQS). The submitted document supports a negative declaration of 

22 significant contribution of interstate transport to surrounding nonattainment and 

23 maintenance areas in other states. In addition, other aspects of the transport 

24 requirement covered in CAA § 110(a)(2)(D) are satisfied or are expected to be 

25 sufficiently addressed through Regional Haze SIPs, Federal Implementation Plans 

26 (FIPs), and relevant state and federal air quality rules. 

27

28 Mr. Friedl: Thanks, Lesley. Now Natalie will give a brief overview of the revisions 

29 relating to interstate transport of emissions for the 2010 Nitrogen Dioxide 

30 standards and the state’s ability to conduct air quality modeling and submit such 

31 data to the Environmental Protection Agency. Natalie? 

32

3
Public Hearing Transcript 

1 Natalie Muilenberg: Thanks, Bruce. 

2

3 First, I will discuss the revision pertaining to interstate transport of nitrogen 

4 dioxide emissions. The same Clean Air Act section that Lesley discussed applies to 

5 nitrogen dioxide as well. Section 110(a)(2)(D) requires SIPs to contain provisions 

6 that essentially protect surrounding states and even countries from another 

7 state’s emissions. This SIP revision for the 2010 nitrogen dioxide standards shows 

8 that Arizona’s emissions are too low to impact surrounding states and countries. 

9 In addition, the SIP describes Arizona’s future changes to its nitrogen dioxide air 

10 quality monitoring network, in order to comply with the 2010 standards and 

11 provide data for future SIP development. Other aspects of the nitrogen dioxide 

12 transport requirements are satisfied or are expected to be sufficiently addressed 

13 through Arizona’s Regional Haze Plan, control measures, and the state’s New 

14 Source Review program. 

15

16 Finally, Clean Air Act section 110(a)(2)(K) requires SIPs for all criteria pollutants to 

17 contain adequate provisions that provide for modeling used to predict emission 

18 effects on air quality. This section also requires provisions that provide for the 

19 submission of such modeling data to EPA. This SIP revision details Arizona’s legal 

20 authority to conduct air quality modeling in relation to SIP development and 

21 permitting, as well as authorities that allow the state to submit such modeling 

22 data to EPA. This revision will be applied to all past and future SIPs. 

23

24 * * * * * 

25

26

27

28 Mr. Friedl: Thanks, Natalie. This concludes the explanation period of this 

29 proceeding on the proposed revisions to the State Implementation Plan. 

30

31 * * * * * 

32

33 I now open this proceeding for oral comments. 

4
Public Hearing Transcript 

1

2 I have received no speaker slips. Does anybody wish to comment? 

3

4 Ok, hearing none, this concludes the oral comment period of this proceeding. 

5

6 * * * * * 

7

8 If you have not already submitted written comments, you may submit them to me 

9 at this time. Again, the comment period for these proposed revisions to the State 

10 Implementation Plan ends today at 5:00 p.m. 

11

12 Thank you for attending. 

13

14 The time is now 2:21 p.m.. I now close this oral proceeding. 

15

16

17

18

19

20

21

22

5
Responsiveness Summary 

Response to Testimony Taken at Oral Proceedings and Written Comments Received on 

Arizona State Implementation Plan Revisions for 

 CAA Section 110(a)(2)(D) for the 2008 Ozone NAAQS, 

CAA Section 110(a)(2)(D) for the 2010 Nitrogen Dioxide NAAQS, 

 and CAA Section 110(a)(2)(K) for all previous and future NAAQS 

The oral proceeding on the State Implementation Plan (SIP) Revision, CAA Section 110(a)(2)(D) 

for the 2008 Ozone NAAQS, CAA Section 110(a)(2)(D) for the 2010 Nitrogen Dioxide NAAQS, and

CAA Section 110(a)(2)(K) for all previous and future NAAQS was held on Tuesday, November 17, 

2015, at 2:00 p.m. in the Arizona Department of Environmental Quality (ADEQ) Conference 

Room 3100B, 1110 West Washington Street, Phoenix, Arizona. The public comment period 

closed on Tuesday, November 17, 2015, at 5:00 p.m. No oral or written comments were 

received by ADEQ for these SIP revisions. 

During its final review of the proposed revisions, ADEQ determined further clarifications were 

needed. These clarifications are described below: 

1. In the proposed revision for CAA Section 110(a)(2)(K) for all previous and future NAAQS, 

footnote #13 had a pre-publication version of a Federal Register notice. The final revision now 

reflects the published Federal Register notice (see page 7). 

2. In the proposed revision for CAA Section 110(a)(2)(D) for the 2010 Nitrogen Dioxide NAAQS, 

footnote #4 also mentions the same pre-publication version of the aforementioned Federal 

Register Notice. The final revision now reflects the published Federal Register notice (see page 

4). 

3. Section 3.2 “County Authority” in the final revision for CAA Section 110(a)(2)(K) for all 

previous and future NAAQS was edited to provide more clarity and updated information 

regarding county New Source Review programs (see page 10). 

4. In the CAA Section 110(a)(2)(K) proposed revision, a certified copy of Arizona Revised Statute 

(A.R.S.) Section 49-104(A)(3) and (B)(1) was not included. The proposed SIP did cite and quote 

the statute for reference. ADEQ has obtained a certified copy and added it to the final revision 

as Appendix A. The subject matter and effect of the proposed and final revisions are the same; 

the certified copy of the statute is included now in order to comply with submission 

requirements set forth in the Code of Federal Regulations, Title 40, Part 51, Appendix V.