United States Environmental Protection Agency, Region IX

Air Division

Technical Support Document

for

EPA's Notice of Rulemaking

for the

Arizona State Implementation Plan

EPA’s Analysis of

Arizona Department of Environmental Quality’s

Rule 18

- 2

- 327, Annual Emissions Inventory Questionnaire

Maricopa County Air Quality Department’s Rule 100, Section 500, Emission Statements Required

Pima County Department of Environmental Quality’s Rule 17.12.040, Reporting Requirements Rule 17.24.040, Reporting for Compliance Evaluations

Prepared by Rynda Kay

J une 2 0122

Submitted Rule s for Parallel Processing

Arizona Department of Environmental Quality (ADEQ) ADEQ Rule 18

- 2

- 327, Annual Emissions Inventory Questionnaire

Maricopa County Air Quality Department (MCAQ D) MCAQD Rule 100, General Provisions and Definitions, Section 500, Monitoring and Records

Pima County Department of Environmental Quality’s (PCDEQ) PCDEQ Rule 17.12.040, Reporting Requirements PCDEQ Rule 17.24.040, Reporting for Compliance Evaluations

Previous Rule Submittals There are no superseded submittals of the se rules upon which EPA has not acted.

SIP

- Approved Rule s There is no SIP

- Approved version of ADEQ Rule 18

- 2

- 327 or PCDEQ Rule 17.24.040.

MCAQD Rule 1 00, Section 504, (submitted February 4, 1993, approved on February 10, 2005, 70 FR 7038). The submitted rule MCAQD Rule 100, Section 500 will replace MCAQD Rule 100,

Section 504.

PCDEQ Rule 622, (submitted October 9, 1979, approved on April 16, 1982, 47 F R 16326 ). The submitted rule PCDEQ Rule 17.12.040 will replace the SIP rule PCDEQ Rule 622.

Purpose of New Rule s and Revisions Section 110(a) of the Clean Air Act ( CAA ) requires states to submit regulations that control volatile organic compounds (VOC)

, oxides of nitrogen (NOx) , particulate matter, and other air pollutants which harm hum an health and the environment. These rules were developed as part of the local agency’s program to control these pollutants.

The purpose s of the new rule s are as follows:

· ADEQ Rule 18

- 2

- 327 , Annual Emissions Inventory Questionnaire, requires every source subject to a permit requirement to complete and submit an annual emissions inventory questionnaire including facility contact information, process and control device descriptions, and a quantification of actual emissions of regulated species using the appropriate quantification method as described in the rule.

· PCDEQ Rule 17.24.040 , Reporting for Compliance Evaluations, In the event there is

reasonable cause to believe that the person is emitting or capable of emitting an air contaminant in violation of a permit condition, conditional order, or other applicable regulation, this rule allows the Control Officer to require the person to promptly produce

all records and documentation to determine compliance or noncompliance.

The purposes of revising MCAQD Rule 100, Section 500 relative to the SI P rule MCAQD Rule3

100, Section 504 was to make the following changes:

· MCAQD Rule 100, Section 500, includes sub section s 5 01

- 505. S ubsection 501 adds a requirement that owners or operators of sources maintain all records involving emissions testing, monitoring, malfunctions resulting in excess emissions, implementation of approved control plans/compliance schedules, materials used/produced, and permit

conditions. S ubs ection 502 adds a requirement for sources to make records available to the Control Officer as necessary to assure compliance. Reporting of changes to the source may be subseque ntly required annually or as specifie d by the Control Officer.

S ubs ection 503 replaces previous Applicable SIP MCAQD Rule 100, Section 504. The SIP rule require s sources which emit or may emit NOx or VOC to provide the Control Officer with an emission statement showing actual emissions or e stimated actual emissions of NOx and VOC annually as required by the CAA

. The section was modified to require updated information specified in the Consolidated Emissions Reporting Rule (40 CFR 51, Subpart A, Appendix A, Table 2A). This modification streng thens the SIP because it refers to the latest Federal emission reporting requirements.

S ubs ection 504 requires reports and records be kept for 5 years. Non

- Title V sources can keep records for less time as otherwise allowed in applicable regulations. S ub s ection 505 sets date for annual emissions reporting. The reports shall be in the format provided by the

APCO.

The purposes of PCDEQ Rule 17.12.040 relative to the SIP rule PCDEQ Rule 622 was to add specificity to the type of special reporting requirements that could be required of permit holders. PCDEQ Rule 17.12.040, Reporting Requirements, establishes detailed reporting requirements for owners or operators to report emissions in excess of the applicable permit limits or other applicable regul ations.

EPA Evaluation and Action

Generally, prohibitory SIP rules must be enforceable (see section 110(a) (2)(A) of the CAA) and must not relax existing requirements (see sections 110(l) and 193). We have evaluated this SIP revision to determine whether it would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requ irement of the Act (CAA 110(l)).

EPA guidance document s that we used to help evaluate enforceability re quirements consistently

include the following:

· Requirements for Preparation, Adoption, and Submittal of Implementation Plans

, U.S. EPA, 40 CFR part 51.

· Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations , EPA (May 25, 1988) (The Bluebook).

· Guidance Document for Correcting Common VOC & Other Rule Deficiencies , EPA Region 9 (August 21, 2001) (The Little Bluebo ok).4

Evaluation of the new rule s follows:

· ADEQ Rule 18

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- 327 and PCDEQ Rule 17.24.040 are new enforceable rules which establish the requirements for annual emissions reporting and for sources to provide reco rds

show ing compliance/noncompliance with applic able regulations

. Because there are no specific rules regarding these requirements currently in the Applicable SIP, the submitted rules strengthen the SIP and comply with CAA §110(l)

. PCDEQ Rule 17.24 .040 strengthen s the enforceability of emission limitations and control measures by requiring the sources to provide recordkeeping and documentation to show compliance/non

- compliance

.

Evaluation of the rule revision follows:

· MCAQD Rule 100, Section 500 adds recordkeeping and emission reporting requir ements

. The submitted rule strengthen s the SIP and compl ies with CAA §110(l)

. The rule strengthens the enforceability of control m easures by requiring recording and retention of records, and

that these records are made available to the Control Officer to s how compliance/non

- compliance.

· PCDEQ Rule 17.12.040 strengthens the enforceability of emission limitations and control measures by adding detailed, specific requirements for the reporting of emissions in excess of permit requirements or other applicable r egulation.

Overall, the new and revised rules improve the SIP and do not constitute a relaxation from the

current SIP

- approved rules. Therefore, w e propose to determine that our approval of the submittal would comply with CAA section 110(l), and the revised rules are at least as stringent as the rules previously approved into the SIP.

EPA Recommended Actions

We recommend full approval of ADEQ Rule 18

- 2

- 327, MCAQD Rule 100, Section 500, PCDEQ Rule 17.12.040, and PCDEQ Rule 17.24.040.

References

1. Submitted Rules

. 2. Applicable SIP rule, MCAQD Rule 100, Section 500, revised on November 16

, 199 2

, submitted on February 4, 1993 and approved into the SIP on February 10, 2005

, 70 FR

7038

. 3. Applicable SIP rule, PCDEQ Rule 622, submitted October 9, 1979 and approved on April 16, 1982, 47 FR 16326

. 4. Requirements for Preparation, Adoption, and Submittal of Implementation Plan s , U.S. EPA, 40 CFR part 51.

5. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations , EPA (May 25, 1988) (The Bluebook).

6. Guidance Document for Correcting Common VOC & Other Rule Deficiencies , EPA Region 9 (August 21, 2001) (The Little Bluebook).