UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX AIR DIVISION

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

Arizona Statute s: 9

- 500.27 Off

- Road Vehicle Ordinance; Applicability; Violation; Classification

49

- 457.03 Off

- Road Vehicles; Pollution Advisory Days; Applicability; Penalties

49

- 457.04 Off

- Highway Vehicle and All

- Terrain Vehicle Dealers; Informational Material; Outreach; Applicability

Prepared by: Robert Marinaro August 6 , 2013− 2

− RULE IDENTIFICATION

Agency: State of Arizona for Maricopa County

Submitted Rule :

A ri z ona Re v i s e d St a t u t e ( AR S) 9

- 500.27 Off

- Road Vehicle Ordinance; Applicability; Violation; Classification. [Subsections A, B, and C only] Adopted : July 2, 2007 Submitted : May 25, 2012 Revised Submittal: May 21, 2013

ARS 49

- 457.03 Off

- Road Vehicles; Pollution Advisory Days; Applicability; Penalties. [Subsections A and B only] Adopted : July 2, 2007 Submitted : May 25, 2012 Revised Submittal: May 21 , 201 3

ARS 49

- 457.04 Off

- Highway Vehicle and All

- Terrain Vehicle Dealers; Informational Material; Outreach; Applicability. Adopted : July 2, 2007 Submitted : May 25, 2012 Revised Submittal: May 21 , 201 3

Previous Submittal :

A ri z ona Re v i s e d St a t u t e ( AR S) 9

- 500.27 Off

- Road Vehicle Ordinance; Applicability; Violation; Classification. Adopted : July 2, 2007 Submitted : December 21, 2007 Withdrawn: January 25 , 201 1

ARS 49

- 457.03 Off

- Road Vehicles; Pollution Advisory Days; Applicability; Penalties. Adopted : July 2, 2007 Submitted : December 21, 2007 Withdrawn: January 25 , 201 1

ARS 49

- 457.04 Off

- Highway Vehicle and All

- Terrain Vehicle Dealers; Informational Material; Outreach; Applicability. Adopted : July 2, 2007 Subm itted : December 21, 2007 Withdrawn: January 25 , 201 1

BACKGROUND

Maricopa County is classified as a serious nonattainment area for inhalable coarse particulate matter ( PM 10 ) . As required by section 189 of the Clean Air Act (CAA), Arizona submitted a PM 10 plan that included the most stringent measures (MSM) a nd an extension request for attainment no later than December 31, 2006. On January 14, 2002, EPA announced the approval of the serious area plan, including the Agricultural Best Management Practices (AgBMP) Program as meeting both Best Available Control Measures (BACM) and MSM requirements, and also granted a five year extension of the attainment date for both the 24

- hour and annual PM

- 10 standards from December 31, 2001 to December 31, 2006. Both d ecisions were published in the Federal Register on July 25, 2002 (67 FR 48718).

The area did not attain by December 2006 , however, triggering the requirement under Section 189(d) of the CAA that a SIP revision providing for annual reductions of PM 10 or− 3

− PM 10 precursors of not less than 5% of the most recent emissions inventory, until the standard is attained, be submitted to EPA by December 31, 2007.

The Maricopa Association of Governments (MAG) prepared the 2007 Five Percent Plan for PM 10 which was approv ed by the Arizona Department of Environmental Quality (ADEQ) and submitted to the EPA on December 21, 2007. The SIP contained rule revisions in Maricopa County and Pinal County to further reduce PM

- 10 emissions.

Arizona Senate Bill 1552 (2007) addressed the authority to revise rules while adding requirements for both Maricopa County and one township in Pinal County. Cities and towns in the nonattainment area committed to develop and enforce local ordinances to address PM 10 emissions from vacant lots, unp aved roads and shoulders, off

- highway vehicles, and leaf blowers. EPA proposed a limited approval and limited disapproval of the Five Percent Plan on September 9, 2010 (75 FR 54806) resulting in ADEQ withdrawing the plan.

After ADEQ withdrew the plan on January 25, 2011, EPA issued a Finding of Failure to Submit the Five Percent Plan on February 14, 2011 (76 FR 8300), triggering an 18

- month sanctions clock and a two

- year Federal Implementation Plan clock. Arizona submitted a replacement plan, MAG 2012 Fi ve Percent Plan for PM 10 , on May 25, 2012. EPA found that submission complete on J uly 20 , 2012

. The statute subsections that are the subject of this technical support document (TSD) were included in the submittal. On May 21

, 2013 ADEQ identified several statute subsections included in the May 25, 2012 submittal for which Arizona no longer requ ested EPA SIP approval.

Included in the docket for this action (EPA

- R09

- OAR

- 2013

- 0576) is a document that identifies the rules which are the subject of EPA’s Federal Register notice, including the rules that are the subject of this technical support document (TSD). Two other TSDs that can be found in the docket discuss rules that are also included in the Federal Register notice for th is action.

Also in the docket for this action is an annotated document that contains the statutes submitted by ADEQ on May 25, 2012, showing which of the statute and statute subsections are:

(1) the subject of today’s Federal Register notice (these st atute subsections are not annotated); (2) included in EPA’s April 19, 2013 proposal (78 FR 23527); (3) the statute subsections withdrawn by ADEQ on May 21, 2013; and (4) the remaining statutes submitted by ADEQ on May 25, 2012 that EPA has not yet acted upon.

RULE SUMMARY

The fol lowing three related rules ( statutes ) pertain to the use of off

- road (including off

highway) vehicles and are designed to limit PM 10 emissions from anthropogenic fugitive− 4

− dust sour ces in Maricopa County, Arizona . The reduction of emissions from these rules will contribute to the goal of progressing towards attainment of federal and state standards and to protect public health and welfa re

.

9

- 500.27 ( Off

- Road Vehicle Ordinance; Applicability; Violation; Classification ) A city or town shall adopt, implement, and enforce an ordinance that prohibits the operation of any vehicle, including an off

- highway vehicle, an all

- terrain vehicle, or an off

- road recreational motor vehicle, on unpaved surfaces that are not public or private roads, streets, or lawful easements that are closed by the landowner.

49

- 457.03 (Off

- Road Vehicles; Pollution Advisory Days; Applicability; Penalties) A person shall not operate any vehicle, including an off

- highway vehicle, an all

- terrain vehicle, or an off

- road recreational motor vehicle, on an unpaved surface that is not a public or private road, street, or lawful easement

, during any high pollution adv isory day forecast for particulate matter

. Additionally, this rule exempts a handful of
spec ific events.

49

- 457.04 ( Off

- Highway Vehicle and All

- Terrain Vehicle Dealers; Informational Material; Outreach; Applicability ) R equires any person who rents or s ells off

- road vehicles to distribute government

- furnished informational dust control literature to the buyer or renter of these vehicles. These printed materials shall be designed to educate and inform the user of the vehicle on methods for reducing the g eneration of dust and shall include information regarding dust control ordinances and applicable restrictions.

Furthermore this rule shall apply only in a county with a population of two million or
more persons or any portion of a county in an area designated by the EPA as a serious PM 10 nonattainment area or a maintenance area that was designated as a serious PM 10 nonattainment area.

EPA REVIEW CRITERIA

EPA considered the criteria described and set forth in the following sections of the CAA and gui dance documents to evaluate these rule s :

1. Enforceability Section 110(a) of the Clean Air Act requires enforceable SIP requirements. Several EPA guidance documents are used to evaluate rule enforceability, including the “Bluebook” ( Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Clarification to Appendix D) , November 24, 1978, 52 FR 45044), and “the Little Bluebook” (Guidance Document for Correcting Common VOC & Other Rule Deficiencies ), EPA Region 9, August 21, 2001.

2. Rule Relaxation EPA must evaluate whether this SIP revision would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any− 5

− requirement of the Act (CAA 110(l)) or modify, in a nonattainment area, any SIP

approved control requirement in effect before November 15, 1990 (CAA 193).

RULE EVALUATION

E nforceability

- - We believe th ese statutes are consistent with the relevant policy and guidance regarding enforceability. Requirements are clear and compliance determinations are straightforward given the nature of the statute s

.

Rule Relaxation

- - We have evaluated this SIP revision to determine whether it would interfere with any applicable requirement concerning attainm ent and reasonable further progress (RFP) or any other applicable requirement of the Act (CAA §110(l)) or modify, in a nonattainment area, any SIP

- approved control requirement in effect before November 19, 1990 (CAA §193). Statutes 9

- 500

- 27, 49

- 457.03, an d 49

- 457.04 reduce emissions and stre ngthen the SIP because there are no previous version s of the se stat utes in the SIP. Furthermore, they do not undermine other existing SIP provisions. Therefore, we propose to determin e that an approval of this submittal would comply with CAA sections 110(l) and 193 because (1) the proposed SIP revision would not interfere with the on

- going process for ensuring that requirements for the RFP and attainment of the National Ambient Air Quality Standards are met,

an d (2) the submitted SIP revision is more stringent than the existing SIP requirements.

RULE DEFICIENCES

We have identified no deficiencies with ARS Rules 9

- 500

- 27, 49

- 457.03, and 49

- 457.04 sufficient for EPA to pr opose less than full approval.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION

While we support ADEQ’s adoption and submittal of these statutes as progr ess in the State’s efforts to improve air quality, there are programs, plans, and strategies in other geographic areas incorpora ting more rigorous, objective, and structured requirements that should be evaluated for additional emission reductions in Arizona

. While these do not interfere with our approval of the current ADEQ statutes, we list below several examples of recommendatio ns from other fugitive dust rules that should be considered to further increase the effectiveness of ADEQ’s PM 10 control efforts :

SLO Rule 1001

- - Coastal Dunes Dust Control Requirements

• Requires an approved Temporary Baseline Monitoring Program

• Requires implementation of an approved Particulate Matter Reduction Plan

• Requires a description of all control measures that will be implemented to reduce PM

- 10 emissions

• Requires a Track

- Out Prevention Program

• Sets a definitive emission threshold

• Requires a facilities permitting requirement− 6

− Clark County Section 90

- - Fugitive Dust from Open Areas and Vacant Lots

• Requires owners/operators of Open Areas and Vacant Lots to implement one or more control measures:

o Prevent trespassing, parking, & access by...

o Maintain a stable surface by...

• Establishes stabilization standards

• Requires a dust mitigation plan

• Establishes recordkeeping requirements

• Requires various test methods to be employed

Imperial County, Regulation VIII

- - Rules 800

- 806

• Provides detailed definitions

• Provides a compliance schedule

• Requires control measures to determine compliance :

o 20% opacity limit

o Surface stabilization requirement

• Requires a Track

- Out Prevention Program

• Establishes a trespass/access requirement

EPA ACTION

EPA believes that the statutory provisions associated with ARS Rule s 9

- 500

- 27, 49

- 457.03, and 49

- 457.04 are consistent with the relevant policy and guidance regarding enforceability and SIP relaxations. EPA staff recommends approving th ese statutes in accordance with section 110(k)(3) of the Clean Air Act.

REFERENCES :

Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, (a.k.a., Bl uebook) EPA OAQPS, May 25, 1988: ( http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_bluebook.pdf ).

Guidance Document for Correcting Common VOC & Other Rule Deficiencies, (a.k.a., Little Bluebook)

, EPA Region 9, August 21, 2001: ( http://www.epa.gov/region09/air/sips/littlebluebook2001.pdf ).

State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).

State Impl ementation Plans for Serious PM

- 10 Nonattainment Areas, and Attainment Date Waivers for PM

- 10 Nonattainment Areas Generally; Addendum to the General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, 59 FR 41998 (August 16, 1994).− 7

− PM

- 10 Guideline Document, EPA 452/R

- 93

- 008, April 1993.

Fugitive Dust Background Document and Technical Information Document for Best Available Control Measures, (September 1992).