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

June 2012
2

Submitted Rules for Parallel Processing

Arizona Department of Environmental Quality (ADEQ)

ADEQ Rule 18-2-327, Annual Emissions Inventory Questionnaire

Maricopa County Air Quality Department (MCAQD)

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There are no superseded submittals of these rules upon which EPA has not acted.

SIP-Approved Rules

There is no SIP-Approved version of ADEQ Rule 18-2-327 or PCDEQ Rule 17.24.040.

MCAQD Rule 100, 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 FR 16326). The 

submitted rule PCDEQ Rule 17.12.040 will replace the SIP rule PCDEQ Rule 622.

Purpose of New Rules 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 human health and the environment. These rules were developed as part of 

the local agency’s program to control these pollutants. 

The purposes of the new rules 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 SIP rule MCAQD Rule 
3

100, Section 504 was to make the following changes:

· MCAQD Rule 100, Section 500, includes subsections 501-505. Subsection 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. Subsection 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 subsequently required annually or as specified by the Control Officer. 

Subsection 503 replaces previous Applicable SIP MCAQD Rule 100, Section 504. The SIP 

rule requires sources which emit or may emit NOx or VOC to provide the Control Officer 

with an emission statement showing actual emissions or estimated 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 strengthens the SIP because it refers 

to the latest Federal emission reporting requirements. 

Subsection 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. Subsection 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 

regulations.

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 requirement of the Act 

(CAA 110(l)). 

EPA guidance documents that we used to help evaluate enforceability requirements 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 Bluebook).
4

Evaluation of the new rules follows:

· ADEQ Rule 18-2-327 and PCDEQ Rule 17.24.040 are new enforceable rules which 

establish the requirements for annual emissions reporting and for sources to provide records 

showing compliance/noncompliance with applicable 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

strengthens 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 requirements. 

The submitted rule strengthens the SIP and complies with CAA §110(l). The rule strengthens 

the enforceability of control measures by requiring recording and retention of records, and

that these records are made available to the Control Officer to show 

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 regulation.

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

current SIP-approved rules. Therefore, we 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, 1992, 

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 Plans, 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).