Janice K. Brewer

Governor

OCT 142009

ARIZONA DEPARTMENT

OF

ENVIRONMENTAL QUALITY

1110 West Washington Street· Phoenix, Arizona 85007

(602) 771-2300 • www.azdeq.gov Benjamin H. Grumbles

Director

Ms. Laura Yoshii, Acting Regional Administrator

U.S. Environmental Protection Agency, Region IX

Mail Code: ORA-l

75 Hawthorne Street

San Francisco, CA 94105

RE: Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(l) and (2);

2006 PM2.5 NAAQS, 1997 PM2.5 NAAQS and 1997 8-hour Ozone NAAQS

Dear Ms. Yoshii:

Consistent with the provisions ofArizona Revised Statutes (ARS) Title 49, §§ 49-104, 49-106,

49-404 and 49-406 (Enclosure 1) and the Code of Federal Regulations (CFR) Title 40, §§

51.102-51.104, the Arizona Department ofEnvironmental Quality (ADEQ) hereby adopts and

submits to the U.S. Environmental Protection Agency (EPA) Arizona State Implementation Plan

Revision under Clean Air Act Section 11O(a)(l) and (2): Implementation of2006 PM2.5 National

Ambient Air Quality Standards, 1997 PAh5 National Ambient Air Quality Standards, and 1997

8-hour Ozone National Ambient Air Quality Standards (September 2009) as a revision to the

Arizona State Implementation Plan (SIP).

Clean Air Act (CAA) Section 110(a)(l) requires states to submit SIPs within three years

following the promulgation of new or revised National Ambient Air Quality Standards

(NAAQS) to provide for implementation, maintenance, and enforcement of such standards. Each

of these SIPs must address certain basic elements or the "infrastructure" of its air quality

management programs under CAA Section 110(a)(2) including provisions for monitoring,

emissions inventories, and modeling designed to assure attainment and maintenance of the

NAAQS.

EPA promulgated revised NAAQS for PM2.5, effective December 18, 2006 (71 FR 61144,

October 17, 2006), which requires states to submit Section llO(a)(2) SIPs by September 21,

2009. This SIP revision demonstrates that Arizona State and local air quality management

programs meet the basic program elements required under CAA Sections 11O(a)(l) and (2) (with

the exception of Section 11 0(a)(2)(G)) for implementing the 2006 PM2.5 NAAQS.

The analyses and information contained in this submission also fulfills outstanding obligations

under CAA Sections 110(a)(2)(E)(i) and (E)(ii) for the 1997 PM2.5 NAAQS (see 73 FR 62902;

Northern Regional Office

1801 W. Route 66 • Suite 11 7 • Flagstaff, AZ 86001

(928) 779-031 3

Southern RegionaJ Office

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

(520) 628-6733

Printed on recycled paper
Laura Yoshii

Page 2 of2

October 22, 2008) and Sections 1l0(a)(2)(A) through (C), (E) through (F), and (H) through (M)

for the 1997 8-hour ozone NAAQS (see 73 FR 16205; March 27, 2008). In addition to these

required submittals, this SIP revision includes a commitment to adopt and submit Arizona's

Emergency Episode Rule (R18-2-220) revision when it is developed and codified to meet the

remaining requirement under CAA Section 110(a)(2)(G) for the 1997 and 2006 PM2,5 NAAQ8

and 1997 8-hour ozone NAAQS. .

ADEQ requests that EPA approve this revision to the Arizona SIP. Enclosure 2 contains the SIP

Completeness Checklist; Enclosure 3 contains two paper copies and one official electronic copy

ofthe SIP revision for your review and action.

If you have any questions, please do not hesitate to contact Nancy Wrona, Director, Air Quality

Division, at (602) 771-2308.

.Sincerely,

Benjamin H. Grumbles

Director

Enclosures (3)

cc: Joe Crumbaker, Maricopa County Air Quality Department

Ursula Kramer, Pima County Department ofEnvironmental Quality

Don Gabrielson, Pinal County Air Quality Control District

Nancy Wrona, ADEQ, w/o enclosures
Enclosure 1

Arizona Revised Statutes:

(1) Title 49, chapter 1, article 1, section 49-104; and

(2) Title 49, chapter 3, article 1, section 49-404.
(This page is intentionally left blank)
49-104. Powers and duties ofthe 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 ofthe agencies, persons and

enterprises.

3. Conduct research on its own initiative or at the request ofthe 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 ofthe 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 enviromnental policy ofthis state.

7. Promote and coordinate the protection and enhancement ofthe quality of water resources consistent with the

enviromnental policy ofthis state.

8. Encourage industrial, commercial, residential and community development that maximizes environmental

benefits and minimizes the effects ofless desirable environmental conditions.

9. Assure the preservation and enhancement ofnatural 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 ofthis chapter

and chapters 2 and 3 ofthis title.

11. Promote and recommend methods for the recovery, recycling and reuse or, ifrecycling is not possible, the

disposal ofsolid wastes consistent with sound health, scenic and environmental quality policies.

12. Prevent pollution through the regulation ofthe storage, handling and transportation ofsolids, 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 oflife, trade and economic development in this state in a manner

that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness ofthis state and

ofthe Arizona-Mexico region.

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 ofits purposes, objectives or duties.

Arizona State Implementation Plan Revision under Clean Air Act Section 11O(a)(l) and (2), September 2009

Enclosure 1 1
4. Adopt procedural rules that are necessary to implement the authority granted under this title, but that are not

inconsistent with other provisions ofthis 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 ofthe 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 ofthis 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 ifthe 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 ofthose premises.

Within forty-five days after the date ofthe examination, the department shall provide to the owner or operator a

copy of any report produced as a result of any examination ofthe 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, ifthe 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 ofsolid, liquid or gaseous deleterious matter.

II. Defme 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 standards and rules has been demonstrated by approval ofthe 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 ofpremises and facilities that do not comply with the minimum

standards. The rules shall be developed in cooperation with the director ofthe department ofhealth services and

shall be consistent with the rules adopted by the director ofthe department ofhealth 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 ofsewage borne or insect borne diseases. The rules shall:

(a) Prescribe minimum standards for the design ofsewage 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

Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(I) and (2), September 2009

Enclosure 1 2
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.

15. Perform the responsibilities of implementing and maintaining a data automation management system to support

the reporting requirements oftitle III ofthe superfund amendments and reauthorization act of 1986 (P.L. 99-499)

and title 26, chapter 2, article 3.

16. Approve remediation levels pursuant to article 4 ofthis chapter.

C. The department may charge fees to cover the costs of all permits and inspections it performs to insure compliance

with rules adopted under section 49-203, subsection A, paragraph 6, except that state agencies are exempt from

paying the fees. Monies collected pursuant to this subsection shall be deposited in the water quality fee fund

established by section 49-210.

D. The director may:

1. Ifhe has reasonable cause to believe that a violation of any environrnental1aw 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.

Recent legislative year: Laws 1999, Ch. 295, § 40; Laws 2002, Ch. 251, § I.

49-404. State implementation plan

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

enforcement ofnational 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 ofrevisions 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 ofthe 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 ofthe 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 ofthe 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 8 are effective.

Recent legislative year: Laws 1999, Ch. 295, § 42.

Arizona State Implementation Plan Revision under Clean Air Act Section 11O(a)(I) and (2), September 2009

Enclosure 1 3

Enclosure 2

State Implementation Plan Checklist
(This page is intentionally left blank)
STATE IMPLEMENTATION PLAN COMPLETENESS CHECKLIST

SUBMITTAL OF STATE IMPLEMENTATION PLAN (SIP) REVISION

for Arizona State Implementation Plan Revision under Clean AirAct Section 110(a)(1) and

(2): Implementation of2006 PM2.5 National AmbientAir Quality Standards, 1997PM2.5

National AmbientAir Quality Standards, and 1997 8-hour Ozone National AmbientAir

Quality Standards September 2009

1. SUBMITTAL LETTER FROM GOVERNORIDESIGNEE

See Cover Letter

2. EVIDENCE OF ADOPTION

See Enclosure 3

3. STATE LEGAL AUTHORITY

See Enclosure 1

4. COMPLETE COPY OF STATUTEIREGULATIONIDOCUMENT

See Enclosure 3

5. WRITTEN SUMMARY OF RULE/RULE CHANGE

Not Applicable

6. RULE CHANGES INDICATED BY UNDERLINING AND CROSS-OUTS

Not Applicable

7. EVIDENCE THAT ARIZONA ADMINISTRATIVE PROCEDURE ACT REQUIREMENTS

WERE MET FOR RULE/PLAN

See Enclosure 3, Appendix D

8. EVIDENCE OF PUBLIC HEARING

See Enclosure 3, Appendix D

9. PUBLIC COMMENTS AND AGENCY RESPONSE

See Enclosure 3, Appendix D

Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(I) and (2), September 2009

Enclosure 2 1
10. IDENTIFICATION OF POLLUTANTS REGULATED BY RULE/PLAN

See Enclosure 3.

11. IDENTIFICATION OF SOURCES/ATTAINMENT STATUS

See Enclosure 3.

12. RULE'SIPLAN'S EFFECT ON EMISSIONS

Not Applicable

13. DEMONSTRATION THAT NAAQS, PSD INCREMENTS AND RFP ARE PROTECTED

See Enclosure 3

14. MODELING SUPPORT

Not Applicable

15. EVIDENCE THAT EMISSIONS LIMITATIONS ARE BASED ON CONTINUOUS EMISSIONS

REDUCTION TECHNOLOGY

Not Applicable

16. IDENTIFICATION OF RULE SECTIONS CONTAINING EMISSION LIMITS, WORK

PRACTICE STANDARDS, AND/OR RECORD KEEPING/REPORTING REQUIREMENTS

See Enclosure 3.

17. COMPLIANCE/ENFORCEMENT STRATEGIES

See Enclosure 3.

18. ECONOMIC TECHNICAL JUSTIFICATION FOR DEVIATION FROM EPA POLICIES

No known deviations.

Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2), September 2009

Enclosure 2 2
Arizona State Implementation Plan Revision under

Clean Air Act Section 11 0(a)(1) and (2):

Implementation of

2006 PM2.5 National Ambient Air Quality Standards,

1997 PM2.5 National Ambient Air Quality Standards,

and

1997 8-Hour Ozone National Ambient Air Quality Standards

Air Quality Division

September 2009
(This Page Intentionally Left Blank)
TABLE OF CONTENTS

LIST OF FIGURES

LIST OF APPENDICES

TABLE OF CONTENTS

............................................................................i

•..•..•..•.••.••..•..•..•..•.••.••.•..•.•.•..•.••.•..•.••.••.••....•..•..•. 11

...........................................................................ii

1.0 INTRODUCTION ........................................................................... 1

1.1 Regulatory Background ........................................................................... 1

1.2 Summary and Discussion ofthe Current Revision to Arizona's

"Infrastructure" SIP 2

2.0 ANALYSIS OF CLEAN AIR ACT SECTION 11 0(a)(2) AIR QUALITY

CONTROL PROGRAM ELEMENTS FOR ARIZONA 5

2.1 CAA Section 11 0(a)(2)(A) - Control Measures and Emission Limits 7

2.2 CAA Section llO(a)(2)(B) - Ambient Air Quality Monitoring 7

2.3 CAA Section llO(a)(2)(C) - Enforcement ofControl Measures 8

2.4 CAA Section 110(a)(2)(D) - Interstate Transport 10

2.5 CAA Section llO(a)(2)(E) - Adequate Resources II

2.6 CAA Section llO(a)(2)(F) - Emissions Monitoring and Reporting 12

2.7 CAA Section II 0(a)(2)(G) - Emergency Powers 12

2.8 CAA Section II 0(a)(2)(H) - Plan Revisions 13

2.9 CAA Section II 0(a)(2)(I) - CAA Title 1, Part D Nonattainment

Area Requirements 13

2.1 0 CAA Section II 0(a)(2)(J) - Consultation with Government Officials,

Public Notification, PSD and Visibility Protection 13

2.11 CAA Section II 0(a)(2)(K) - Air Quality Modeling 15

2.12 CAA Section 110(a)(2)(L) - Permit Fees 15

2.13 CAA Section II 0(a)(2)(M) - Consultation/Participation by

Affected Local Entities 16

3.0

4.0

COMMITMENTS

CONCLUSION

i

......................................................................... 17

......................................................................... 18
LIST OF FIGURES

1. Arizona Counties with Air Quality Control Agencies 6

APPENDICES

Initial Reference Page

A. Guidance on SIP Elements Required Under Section 110(a)(l) and (2) for the 1997 8-hour Ozone

and PM2.5 National Ambient Air Quality Standards, October 2, 2007 1

B. Clean Air Act Section 110(a)(2)(D)(i) - Interstate Transport Analysis for the 2006 PM2.5 National

Ambient Air Quality Standards 10

C. Arizona Revised Statutes, §49-455. Permit administration fund (except Section (B)(l)) and Title

38, Chapter 3, Article 8, Conflict ofInterest of Officers and Employees 11

D. State Implementation Plan Revision Public Comment and Hearing Documentation

D.1 Notice ofPublic Hearing

D.2 Public Hearing Agenda

D.3 Public Hearing Sign-In Sheet

DA Public Hearing Officer Certification and Transcript

D.5 Responsiveness Summary

ii
1.0 INTRODUCTION

This state implementation plan (SIP) revision demonstrates that Arizona State and local air quality

management programs meet the basic program elements required under Clean Air Act (CAA) Sections

110(a)(I) and (2) for implementing the 2006 PM25 National Ambient Air Quality Standards (NAAQS).

The analyses and information contained in this document also fulfills several outstanding obligations

under Section 11 0(a)(2) for the 1997 PM25 NAAQS and the 1997 8-hour ozone NAAQS.

1.1 Regulatory Background

Clean Air Act Section 110(a)(l) requires states to submit SIPs within three years following the

promulgation of new or revised NAAQS to provide for implementation, maintenance, and enforcement of

such standards. Each of these SIPs must address certain basic elements or the "infrastructure" of its air

quality management programs under CAA Section 110(a)(2). These elements, detailed in CAA Sections

110(a)(2)(A) through (M), include provisions for monitoring, emissions inventories, and modeling

designed to assure attainment and maintenance ofthe NAAQS.

In July 1997, the U.S. Environmental Protection Agency (EPA) issued new National Ambient Air Quality

Standards for 8-hour ozone and particulate matter 2.5 microns or less in diameter (PM2s). Subsequent

litigation challenging the new standards created uncertainty on how to proceed, however, and delayed

implementation.l On March 10, 2005, in response to a separate lawsuit over states' failure to submit

Section 110(a)(I) and (2) plans for the 1997 standards, EPA entered into a Consent Decree with Earth

Justice that obligated EPA to determine whether states have made the required SIP submissions?

The Consent Decree required EPA action on state SIPs addressing interstate transport of air pollution, a

required SIP component under Section IIO(a)(2)(D)(i), by March 15, 2005. On April 25, 2005, EPA

published "Finding of Failure To Submit Section 110 State Implementation Plans for Interstate Transport

for the National Ambient Air Quality Standards for 8-Hour Ozone and PM 2.5" (70 FR 21147). The

April 25, 2005, fmding, effective May 25,2005, started a 24-month clock for EPA to either issue a final

Federal Implementation Plan (FIP) to address the requirements of Section 11O(a)(2)(D)(i) or to approve a

SIP that addresses these requirements. In response to this action, ADEQ submitted Revision to the

Arizona State Implementation Plan Under Clean Air Act Section 110(a)(2)(D)(i) - Regional Transport on

May 24, 2007. EPA approved the plan in a Direct Final Rule on July 31, 2007 (72 FR 41629).

The Consent Decree also required EPA to determine whether states have submitted SIP revisions to meet

the remaining requirements of sections 110(a)(l) and (2) by December 15, 2007, for the 1997 8-hour

ozone standards (later extended to March 27, 2008), and by October 5, 2008, for the 1997 PM2.5

standards. EPA issued Guidance on SIP Elements Required Under Section 110(a)(I) and (2) for the 1997

8-hour Ozone and PM2.

5 National AmbientAir Quality Standards, October 2,2007, to assist states as they

develop SIPs or certify that existing SIP elements are adequate to meet their outstanding obligations (see

Appendix A).

EPA published "Completeness Findings for Section 110(a) State Implementation Plans for the 8-hour

Ozone NAAQS" on March 27, 2008, which included a "finding of failure to submit" for Arizona (73 FR

16205). EPA's action started a 24-month deadline by which time EPA must promulgate a FIP to address

1 See Whitman v. American Trucking Associations, U.S. Supreme Court, Nos. 99-1257, 99-1426, February 27,

2001.

2 See Appendix A, Guidance on SIP Elements ReqUired Under Section 11O(a)(1) and (2) for the 1997 8-hour Ozone

andPM2.5 National Ambient Air Quality Standards, October 2, 2007.

Final CAA 110(a) SIP 090915
Section 110(a)(1) and (2) requirements if the state fails to submit and obtain EPA approval of any

necessary SIP revision or demonstrate existing state programs are sufficient to meet these requirements.

Arizona submitted Analysis oJClean Air Act Section 110(a)(2) Air Quality Control Program ElementsJor

ArizonaJor the 1997 PM2.5 National Ambient Air Quality Standards on September 18, 2008. The analysis

demonstrated that, with the exception of 11 0(a)(2)(E)(i) and (ij) relating to adequate funding and conflicts

of interest, and 110(a)(2)(G) relating to emergency powers and contingency plans, existing Arizona SIP

elements and the federal prevention of significant deterioration (PSD) permit program are adequate to

meet CAA Section II0(a)(2) requirements. EPA published "Completeness Findings for Section 110(a)

State Implementation Plans Pertaining to the Fine Particulate Matter (PM25) NAAQS", effective

November 21, 2008, in which EPA concurred that Arizona's submission was complete for the required

CAA 110(a)(2) program elements for the 1997 PM25 NAAQS except for Sections 11O(a)(2)(E)(i),

110(a)(2)(E)(ii), and 110(a)(2)(G) (73 FR 62902; October 22,2008). EPA's action started a 24-month

deadline by which time EPA must approve a SIP that addresses these specific elements or to fmalize a

FIP.

Based on scientific studies regarding the effects of particle pollution, EPA subsequently revised the

NAAQS for PM25 effective December 18, 2006, to improve the protection of public health and welfare

(71 FR 61144, October 17, 2006). This action requires states to submit Section 110(a)(2) SIPs by

September 21, 2009, to provide for implementation, maintenance, and enforcement of the 2006 PM25

standards.

Arizona has demonstrated that the required Section 110(a)(2) elements are met, in part, for the 1997 PM25

and 8-hour ozone NAAQS. Demonstration of Section 11 0(a)(2) elements for the 2006 PM25 NAAQS has

not been previously submitted. In summary, the outstanding elements for the 1997 PM25 and 8-hour

ozone NAAQS and the 2006 PM2.5 NAAQS that require a demonstration of adequacy under Section

110(a)(2) are as follows:

1) All elements of Section 11 0(a)(2) for the 2006 PM2.5 NAAQS,

2) All elements of Section 11O(a)(2) except 11 0(a)(2)(D)(i) for the 1997 8-hour ozone

NAAQS, and

3) Sections 110(a)(2)(E)(i) and (ii) and 110 (a)(2)(G) for the 1997 PM2.5 NAAQS.

1.2 Summary and Discussion ofthe Current Revision to Arizona's "Infrastructure" SIP

This document describes how the authorities and infrastructure of Arizona State and local air quality

management programs meet the basic program elements required under CAA Section 110(a)(2) for the

2006 PM2.5 NAAQS. This SIP revision also fulfills most outstanding requirements for the 1997 8-hour

ozone and PM25 NAAQS.

The statutes and programs described in Section 2.0 are adequate to meet the following requirements ofthe

CAA for the 2006 PM25 and 1997 8-hour ozone air quality standards:

110(a)(2)(A), control measures and emission limits,

110(a)(2)(B), ambient air quality monitoring,

110(a)(2)(C), enforcement of all SIP measures and new source review and prevention of

significant deterioration,

110(a)(2)(D), interstate transport (this requirement for the 1997 8-hour ozone NAAQS has

already been met),

110(a)(2)(E)(i), adequate funding,

Final CAA 1l0(a) SIP 090915 2
110(a)(2)(E)(ii), conflicts of interest,

110(a)(2)(E)(iii), State responsibility for ensuring adequate implementation of plan

provisions,

110(a)(2)(F), emissions monitoring and reporting,

110(a)(2)(H), plan revisions,

110(a)(2)(I), Part D nonattainment area plan requirements,

110(a)(2)(J), consultation with government officials and public notification of any exceedance of

the air quality standards and prevention ofsignificant deterioration and visibility protection,

110(a)(2)(K), air quality modeling,

110(a)(2)(L), permit fees, and

110(a)(2)(M), consultation/participation by affected local officials.

The programs described in Section 2.0 are also adequate to meet the following requirements of the CAA

for the 1997 PM2.5 NAAQS:

IIO(a)(2)(E)(i) relating to adequate funding, and

II O(a)(2)(E)(ii) relating to conflicts of interest.

The only remaining obligation under CAA Section 11O(a)(2) for the 1997 PM25 and 8-hour ozone

NAAQS and the 2006 PM25 NAAQS is Section 110(a)(2)(G) relating to emergency episodes. Clean Air

Act Section 1l0(a)(2)(G) requires states to provide for authority to address activities causing imminent

and substantial endangerment to public health, including contingency plans to implement the emergency

episode provisions in their SIPs. Arizona Revised Statutes §49-465 already authorizes State actions to

alleviate or prevent an emergency health risk to the public due to air pollution or likely exceedance ofthe

NAAQS. Arizona Administrative Code RI8-2-220, "Air Pollution Emergency Episodes," approved into

the SIP numbered as R9-3-219 at 47 FR 42572 on September 28, 1982, prescribes procedures to prevent

the occurrence of ambient air pollution concentrations which would cause significant harm to public

health. The rule, however, is currently being revised to incorporate the most recent air quality standards.

The revised rule will be submitted to EPA for approval as a revision to the SIP upon completion of the

State rulemaking and public review process.

Although Arizona's air quality programs are sufficient at this time to assure attainment and maintenance

ofthe 1997 8-hour ozone and PM25 NAAQS and the 2006 PM2.5 NAAQS in all areas ofthe State, certain

future updates to the federally approved SIP are needed. Several of the applicable air quality sections of

Arizona Revised Statutes have been amended and the numbering system has changed since the most

recent approval ofthe SIP. These statutes, however, continue to meet the requirements ofthe law.

In addition, a number of air quality authorizing and implementing statutes have been added for Arizona

programs but have not yet been submitted or approved into the SIP. These program improvement

statutes, listed below, will be submitted to EPA for approval as a component of the SIP upon completion

ofthe State public review process:

49-103. Department employees; legal counsel,

49-106. Statewide application ofrules,

49-107. Local delegation ofstate authority,

49-405. Attainment area designations,

49-426.01. Permits; changes within a source; revisions,

49-435. Hearings on orders of abatement,

49-441. Suspension and revocation of conditional order,

49-458. Regional haze program; authority,

49-458.01. State implementation plan revision; regional haze; rules,

Final CAA 11O(a) SIP 090915 3
49-460. Violations; production ofrecords,

49-461. Violations; order of abatement,

49-462. Violations; injunctive relief,

49-464. Violation; classification; penalties; definition,

49-471. Definitions,

49-476.01. Monitoring,

49-490. Hearings on orders of abatement,

49-495. Suspension and revocation of conditional order,

49-502. Violation; classification,

49-510. Violations; production ofrecords,

49-511. Violations; order of abatement,

49-512. Violations; injunctive relief, and

49-514. Violation; classification; definition.

Final CAA IIO(a) SIP 090915 4
2.0 ANALYSIS OF CLEAN AIR ACT SECTION llO(a)(2) AIR QUALITY CONTROL

PROGRAM ELEMENTS FOR ARIZONA

Arizona Revised Statutes, Title 49, "Environment," divides responsibility and encourages cooperation for

meeting the requirements of the CAA among the State, county agencies, and regional planning

organizations. Currently the State and three county agencies operate air quality control programs under

direct or delegated authority. These air pollution control agencies are: Arizona Department of

Environmental Quality (ADEQ), Maricopa County Air Quality Department (MCAQD), Pima County

Department of Environmental Quality (PDEQ), and the Pinal County Air Quality Control District

(PCAQCD). Figure 1 is a map showing Arizona couqties with air quality control agencies.

The Arizona Department of Environmental Quality has primary responsibility for air pollution control

and abatement, and as such, is required to "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" (ARS §49-404). ADEQ is also responsible for coordinating,

along with local officials, the development, adoption, and enforcement of control measures and permits

where no local air quality control agency exists. In addition, ADEQ has original jurisdiction in all areas

of the State for certain stationary and portable, and all mobile sources, including petroleum refineries,

coal fired electrical generating stations, and the motor vehicle emissions inspection program (ARS §49-

402).

Except for the sources noted above, the county agencies have original jurisdiction for the issuance,

administration, and enforcement of permits (ARS §49-402). The State may, however, assert jurisdiction

where the local agency is unable to fulfill any function or duty as required. State law also provides direct

county authority to adopt and enforce programs, rules, and ordinances for the prevention, control and

abatement of air pollution (ARS Title 49, Chapter 3, Article 3).

Two metropolitan planning organizations, the Maricopa Association of Governments (MAG) and the

Pima Association of Governments (PAG), are certified for the development of nonattainment and

maintenance area plans within their respective jurisdictions (ARS §49-406). MAG and PAG submit their

plans to ADEQ for adoption and inclusion in the state implementation plan pursuant to ARS §49-406.H.

The following sections summarize the requirements of CAA Sections llO(a)(2)(A) through (M) and

present information that demonstrates Arizona's State and local air pollution control programs, and

commitments to update emergency episode provisions, meet these basic elements and are adequate to

ensure attainment and maintenance ofthe particulate matter and ozone NAAQS.

ADEQ is submitting ARS §49-455 [except Section (B)(l)] to address CAA section 1l0(a)(2)(E)(i) and

Title 38, Chapter 3, Article 8 to address CAA section 110(a)(2){E)(ii) for inclusion in the SIP. All other

listed statutes and rules in Sections 2.1 through 2.13 are for informational purposes only.

Final CAA 110(a) SIP 090915 5
Figure 1:

Arizona Counties with

Air Quality Control Agencies

*County Seat

o Counties with an Air

Quality Control Agency

012.525 50 75 100 _ Miles

~g~g~ ~nla k. a-,C"_,..... ..nJHIln H. Crum~. DirKaor

Final CAA 110(a) SIP 090915 6
2.1 CAA Section 11 O(a)(2)(A) - .Control Measures and Emission Limits

Section 1l0(a)(2)(A) requires SIPs to include enforceable emission limitations and other control

measures, means, or techniques, as well as schedules for compliance necessary to meet applicable

requirements ofthe CAA.

The timing of submittals for specific nonattainment area control measures and plans is subject to the

requirements of CAA, Title 1, Part D, "Plan Requirements for Nonattainment Areas;" therefore, the

demonstration of compliance with CAA Section 110(a)(2)(A) includes the necessary authority for State

and local air quality management programs to adopt and implement control measures and plans to assure

attainment and maintenance ofthe PM2.5 and 8-hour ozone air quality standards in all areas ofArizona.

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-106. Statewide application ofrules

49-107. Local delegation ofstate authority

49-402. State and county control

49-404. State implementation plan

49-406. Nonattainment area plan

49-421. Definitions

49-424. Duties of department

49-425. Rules; hearing

49-426. Permits; duties of director; exceptions; applications; objections; fees

For County Programs:

49-471. Definitions

49-473. Board ofsupervisors

49-479. Rules; hearing

49-480. Permits; fees

2.2 CAA Section llO(a)(2)(B) - Ambient Air Quality Monitoring

Section 110(a)(2)(B) requires SIPs to include provisions for establishment and operation of ambient air

quality monitors, to compile and analyze ambient air quality data, and make these data available to EPA

upon request.

Arizona maintains an extensive monitoring network operated by State and county agencies designed to

collect, compile, and analyze ambient air quality data in attainment and nonattainment areas ofthe State.

Operating agencies track data recovery, quality control and quality assurance parameters for all

instruments operated at various network sites. Criteria pollutant concentrations, such as PM and ozone,

are measured with instruments meeting EPA certification as Federal Reference or Equivalent Methods.

All data collected within the PM and ozone compliance networks are compared to the NAAQS,

statistically analyzed for trends, and recorded quarterly in EPA's Air Quality System.

Per Code of Federal Regulations (CFR), Title 40, Part 58 the State and county agencies (ADEQ,

MCAQD, PDEQ, and PCAQCD) annually submit to EPA network monitoring plans. These plans

identify the purpose of each monitor and provide evidence that both the siting and the operation of each

monitor meets the network design, quality assurance, and other federal requirements of 40 CFR Part 58,

Final CAA 110(a) SIP 090915 7
The results of air quality monitoring conducted throughout Arizona, including ambient PM and ozone

data, are contained in ADEQ's Air Quality Annual Reports available at

http://www.azdeq.gov/function/forms/reports.html. The 2008 Report included ambient data from 15

PM2.5 monitoring sites and 39 8-hour ozone monitoring sites throughout Arizona.

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-404. State implementation plan

49-406. Nonattainment area plan

49-422. Powers and duties; defmition

49-424. Duties of department

For COlmty Programs:

49-473. Board ofsupervisors

2.3 eAA Section 110(a)(2)(C) - Enforcement of Control Measures

Section 110 (a)(2)(C) requires states to include a program providing for enforcement of all SIP measures

and the regulation of construction of new or modified stationary sources to meet prevention of significant

deterioration (PSD) and nonattainment new source review (NSR) permitting requirements.

Arizona State and local agencies implement control and enforcement programs for permitted sources of

air contaminants and those sources that are not regulated through permits programs (open uncontrolled

bums, construction, vacant land, etc.). As part of the SIP enforcement program, ADEQ and local

agencies track all committed SIP control measures and work with the entities responsible for those

measures to provide any needed assistance and ensure timely implementation. Arizona Revised Statutes

§49-406 provides additional assurance that PM and ozone nonattainment and maintenance measures will

be implemented and enforced. Each agency that commits to implement any emission limitation or other

control measure contained in the SIP is required to specify, in a resolution adopted by the governing body

ofthe agency, its authority for implementing the measure and a program for enforcement ofthe limitation

or measure. If any agency or entity fails to implement a committed measure, the county is authorized to

file an action in superior court for injunction or any other relief provided by law. Similarly, ifthe county

fails to ensure implementation of measures, the ADEQ Director is authorized, through the State Attorney

General, to seek relief provided by law to ensure implementation of all measures.

Arizona Revised Statutes Title 49, Chapter 3, Articles 1, 2, and 3 establish ADEQ and local agency

authority for preconstruction review and permitting. Under the air permits program, sources that emit

regulated pollutants are required to obtain a permit before constructing, changing, replacing, or operating

any equipment or process which may cause air pollution. This includes equipment designed to reduce air

pollution. Permits are also required if an existing facility that causes air pollution transfers ownership,

relocates, or otherwise changes operations.

ADEQ and county permitting agencies operate air quality permit compliance programs to ensure

implementation of emission limits and other control measures for permitted sources. These programs

include scheduled and unscheduled inspections conducted at major sources annually as well as

compliance assistance initiatives. Permit and SIP enforcement authority is also provided in ARS §§49-

460 through 464, and 49-510 through 514, under which the State or county may issue orders of

abatement, and, through the Attorney General or County Attorney, seek injunctive relief for any

Final CAA 110(a) SIP 090915 8
violations ofthe air quality provisions ofthe law.

Per the authority noted above, all new sources and modifications to existing sources in Arizona are

subject to state requirements for preconstruction review and permitting pursuant to Arizona

Administrative Code (AAC), Title 18, Chapter 2, Articles 2 and 4 or relevant county rules. All new major

sources and major modifications to existing major sources in Arizona are also subject to the

nonattainment New Source Review (NSR) provisions of these rules or Prevention of Significant

Deterioration (PSD) for attainment areas.

ADEQ's nonattainment NSR program was approved by EPA for all pollutants and approval of the PSD

program granted ADEQ authority to issue PSD pennits for criteria pollutants. ADEQ currently has

delegated authority to implement federal PSD provisions for PMIO • A new PSD delegation agreement,

including provisions for PM2j, is anticipated in 2009. At this time, State and federal prevention of

significant deterioration (PSD) permit programs meet CAA Section 1l0(a)(2)(C) requirements for PM

and ozone.

In conjunction with the NSR program, ADEQ is currently revising its PSD regulations to incorporate the

most recent air quality standards and other NSR requirements for PM25 and will update the rules when

EPA's PM2.5 implementation guidance is finalized. The updated program will be submitted to EPA for

approval upon completion of the State rulemaking process. Conforming county regulations will be

submitted for approval as required.

Relevant sections ofArizona Revised Statutes:

For ADEQ Programs:

49-103. Department employees; legal counsel

49-106. Statewide application ofrules

49-107. Local delegation ofstate authority

49-402. State and county control

49-404. State implementation plan

49-406. Nonattainment area plan

49-422. Powers and duties; definition

49-424. Duties of department

49-425. Rules; hearing

49-426. Permits; duties of director; exceptions; applications; objections; fees

49-426.01. Permits; changes within a source; revisions

49-433. Special inspection warrant

49-435. Hearings on orders of abatement

49-441. Suspension and revocation of conditional order

49-460. Violations; production ofrecords

49-461. Violations; order of abatement

49-462. Violations; injunctive relief

49-463. Violations; civil penalties

49-464. Violation; classification; penalties; definition

49-501. Unlawful open burning; exceptions; civil penalty; definition

For County Programs:

49-473. Board ofsupervisors

49-480. Permits; fees

49-480.01. Permits; changes within a source; revisions

Final CAA 110(a) SIP 090915 9
49-488. Special inspection warrant

49-490. Hearings on orders of abatement

49-495. Suspension and revocation of conditional order

49-501. Unlawful open burning; exceptions; civil penalty; definition

49-502. Violation; classification

49-510. Violations; production ofrecords

49-511. Violations; order of abatement

49-512. Violations; injunctive relief

49-513. Violations; civil penalties

49-514. Violation; classification; definition

2.4 CAA Section llO(a)(2)(D) - Interstate Transport

Section 110 (a)(2)(D)(i) requires adequate provisions to ensure that any source or other emissions activity

within the state does not contribute significantly to nonattainment, or interfere with maintenance, of the

NAAQS in any other state, or interfere with any other state's required applicable implementation plan to

prevent significant deterioration of air quality or to protect visibility.

ADEQ submitted Revision to the Arizona State Implementation Plan Under Clean Air Act Section

llO(a)(2)(D)(i) - Regional Transport on May 24, 2007. This revision to the Arizona SIP addresses

interstate transport of air pollution under CAA Section llO(a)(2)(D)(i) and contains a demonstration

showing that Arizona does not significantly contribute to interstate transport of pollutants that impact

nonattainment in, or interfere with maintenance by, any other state with respect to the 1997 8-hour ozone

and PMZ.

5 air quality standards. The plan also demonstrates that Arizona meets the required prevention of

significant deterioration of air quality and protection of visibility provisions of the law. EPA approved

the plan in a Direct Final Rule on July 31, 2007 (72 FR 41629).

Appendix B of this document contains an "interstate transport" analysis under CAA Section

110(a)(2)(D)(i) for the 2006 PMz.5 air quality standards. The analysis demonstrates that Arizona does not

significantly contribute to interstate transport of pollutants that impact nonattainment in, or interfere with

maintenance by, any other state with respect to the 2006 PMz5 NAAQS. The analysis also demonstrates

that Arizona meets the required prevention of significant deterioration of air quality and protection of

visibility provisions ofthe law.

2.5 CAA Section llO(a)(2)(E) - Adequate Resources

Section 110 (a)(2)(E) requires that each SIP shall provide: (i) necessary assurances that adequate

personnel, funding, and legal authority are available to carry out the SIP; (ii) that any board which

approves permits or enforcement orders represents the public interest and any conflict of interest by board

members or an executive agency head be adequately disclosed; and (iii) necessary assurances that where

the State has relied on a local or regional government agency, or instrumentality for implementation of

any plan provision the state has responsibility for ensuring adequate implementation of such plan

provision.

Funding to staff and administer Arizona air quality control programs consists of fees that are collected

from regulated emissions sources, including fees collected to administer permitting programs and motor

vehicle emissions inspection and fees collected at the time of vehicle registration and re-registration, as

well as State and Federal grants. State, county, and regional agency funding levels and personnel

resources are currently adequate to meet federal and State obligations to manage Arizona air resources to

Final CAA IlO(a) SIP 090915 10
protect public health and welfare and administer the air quality programs necessary to attain and maintain

the PM2.5 and 8-hour ozone air quality standards. In addition to the previously submitted funding statutes

ARS §§49-544 and 49-551, ADEQ is submitting for inclusion in the SIP ARS §49-455, Permit

Administration Fund [except Section (B)(l)] to meet adequate resource requirements under Section

llO(a)(2)(E)(i) (see Appendix C).

Relevant sections ofArizona Revised Statutes:

49-455. Permit administration fund (except Section (B)(l))

49-544. Emissions inspection fund; composition; authorized expenditures; exemptions; investment

49-551. Air quality fee; air quality fund; purpose

Permit approval and enforcement orders are provided by the ADEQ Director and county control officers.

Arizona law, applicable to "all public officers and employees of incorporated cities or towns, of political

subdivisions and of the state and any of its departments, commissions, agencies, bodies or boards,"

contains provisions for adequate disclosure of any conflict of interest. To meet the conflict of interest

requirements under Section IlO(a)(2)(E)(ii), ADEQ is currently submitting as a revision to the SIP ARS

Title 38, Chapter 3, Article 8, Conflict ofInterest of Officers and Employees (see Appendix C).

Relevant sections of Arizona Revised Statutes:

Title 38, Chapter 3, Article 8, Conflict ofInterest of Officers and Employees

Arizona Revised Statutes grant ADEQ primary regulatory authority for air pollution control and

abatement in Arizona as well as responsibility for ensuring adequate implementation of SIP provisions.

Relevant sections ofArizona Revised Statutes:

49-402. State and county control

49-404. State implementation plan

49-406. Nonattainment area plan

49-501. Unlawful open burning; exceptions; civil penalty; definition

2.6 CAA Section llO(a)(2)(F) - Emissions Monitoring and Reporting

Section 110 (a)(2)(F) requires provision for emissions monitoring by owners or operators of stationary

sources and periodic reports on the nature and amounts of emissions as well as correlation of such reports

by the state agency with any emission limitations or standards.

Arizona Revised Statutes provide authority to require any sources of air contaminants to monitor, sample

or perform other studies to quantifY emissions of air contaminants or levels of air pollution that may be

reasonably attributable to that source.

Relevant sections ofArizona Revised Statutes:

Final CAA 110(a) SIP 090915 11
For ADEQ Programs:

49-422. Powers and duties; definition

49-426. Permits; duties of director; exceptions; applications; objections; fees

49-432. Classification and reporting; confidentiality ofrecords

For County Programs:

49-476.01. Monitoring

49-480. Permits; fees

49-487. Classification and reporting; confidentiality ofrecords

2.7 CAA Section llO(a)(2)(G) - Emergency Powers

Section 110(a)(2)(G) requires states to provide for authority to address activities causing imminent and

substantial endangerment to public health, including contingency plans to implement the emergency

episode provisions in their SIPs.

Arizona Revised Statutes §49-465 authorizes State actions to alleviate or prevent an emergency health

risk to the public due to air pollution or likely exceedance of the NAAQS. The Governor "may, by

proclamation, declare that an emergency exists and may prohibit, restrict, or condition" any and all

activity that contributes to the emergency. Arizona Administrative Code RI8-2-220, "Air Pollution

Emergency Episodes" (approved into the SIP as AAC R9-3-219 at 47 FR 42572; September 28, 1982),

prescribes the procedures the ADEQ Director shall implement in order to prevent the occurrence of

ambient air pollution concentrations which would cause significant harm to public health. Procedures

include governmental and public notification of the nature of the episode and, at the directive of the

Governor's office, possible curtailment of industrial and commercial activities. ADEQ is currently

revising the rule to incorporate the most recent PM and ozone NAAQS. The rule will be submitted to

EPA for review and action upon completion ofthe State rulemaking process.

Similar provisions for determining air pollution emergency episodes, advisory procedures, and control

actions are contained in Maricopa, Pima, and Pinal County code (Maricopa County Air Pollution Control

Regulations, Regulation VI - Emergency Episodes, Rule 600, Emergency Episodes; Pima County

Municipal Code, Title 17. Air Quality Control, Chapter 17.32, Emergency Episodes and Public

Awareness, Article I. Emergency Episodes; Pinal County Air Quality Control District Code of

Regulations, Chapter 2. Ambient Air Quality Standards, Article 7. Air Pollution Emergency Episodes).

Revised county regulations will be submitted to EPA upon completion of any required updates,

subsequent to ADEQ's rule revision.

Relevant sections ofArizona Revised Statutes:

For ADEQ Programs:

49-462. Violations; injunctive relief

49-464. Violation; classification; penalties; definition

49-465. Air pollution emergency

For County Programs:

49-512. Violations; injunctive relief

49-514. Violation; classification; definition

Final CAA 1l0(a) SIP 090915 12
2.8 CAA Section llO(a)(2)(H) - Plan Revisions

Section 110(a)(2)(H) requires states to have authority to revise their SIPs in response to changes in the

NAAQS or availability of improved methods for attaining the NAAQS. This Section also requires states

to provide for plan revisions to ensure the adequacy of the plan to attain the air quality standards or to

otherwise comply with any additional requirements established under the Clean Air Act.

Arizona Revised Statutes contain authority to revise the Arizona SIP to comply with the requirements of

the CAA including changes in the NAAQS. Under ARS §49-404, ADEQ is required to "maintain a state

implementation plan that provides for implementation, maintenance and enforcement of national ambient

air quality standards and protection ofvisibility as required by the clean air act."

Relevant sections of Arizona Revised Statutes:

49-404. State implementation plan

49-406. Nonattainment area plan

2.9 CAA Section 1l0(a)(2)(1) - CAA Title 1, Part D Nonattainment Area Reqnirements

Section llO(a)(2)(I) requires nonattainment area plans to meet the applicable requirements of CAA Title

1, Part D relating to nonattainment areas.

EPA's October 2, 2007, guidance (see Appendix A) notes that "the specific nonattainment area plan

requirements of section 11 O(a)(2)(1) are subj ect to the timing requirement of section 172, not the timing

requirement of section 110(a)(1), and also that SIPs to meet this section are not covered by the Consent

Decree." Although the guidance is intended for the 1997 PM2.5 and 8-hour ozone NAAQS, requirements

for the 2006 PM2.5 NAAQS under Section llO(a)(2)(I) are the same.

2.10 CAA Section 1l0(a)(2)(J) - Consultation with Government Officials, Public Notification, PSD

and Visibility Protection

Section 1l0(a)(2)(J) requires states to: (1) provide a process for consultation with local govermnents and

Federal Land Managers carrying out NAAQS implementation requirements pursuant to Section 121

relating to consultation, (2) notify the public if NAAQS are exceeded in an area and to enhance public

awareness of measures that can be taken to prevent exceedances per Section 127 relating to public

notification, and (3) meet applicable requirements of Part C related to prevention of significant

deterioration of air quality and visibility protection.

Arizona agencies maintain appropriate consultation procedures with local governments, CAA Section 174

and metropolitan planning agencies, and federal land managers regarding implementation of CAA

requirements. ARS §49-406 requires the State, the metropolitan planning agency on behalf of affected

local governments, county agencies, and the Department ofTransportation to enter into a memorandum of

agreement for the purpose of coordinating the development, implementation, and enforcement of

nonattainment and maintenance plans. Additionally, opportunity for comment is provided through

stakeholder meetings and public hearings held to solicit testimony from the public as well as federal and

local air quality planning agencies prior to adoption of any revision to the Arizona SIP.

Final CAA 110(a) SIP 090915 13
Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-405. Attainment area designations

49-406. Nonattainment area plan

49-424. Duties of department

49-425. Rules; hearing

49-426. Permits; duties of director; exceptions; applications; objections; fees

For County Programs:

49-473. Board ofsupervisors

49-474. County control boards

49-479. Rules; hearing

49-480. Permits; fees

CAA Section 127 requires measures to notify the public of instances or areas in which any air quality

standard is exceeded during the preceding calendar year, to advise the public of health hazards associated

with air pollution, and to enhance public awareness of measures that can be taken to improve air quality.

The results of air quality monitoring conducted throughout Arizona, including ambient PM and ozone

data, are published in ADEQ's Air Quality Annual Reports. Air quality forecasts, which include actual

ambient air quality data for the preceding day, are made available to the public daily. The annual reports,

daily forecasts, and other air quality information including tips for reducing pollution are available on the

ADEQ Web site.

Relevant sections of Arizona Revised Statutes:

49-424. Duties of department

Clean Air Act, Title I, Part C includes provisions relating to prevention of significant deterioration of air

quality and visibility protection. PSD provisions are discussed in Section 203 above.

Arizona's visibility protection program is designed to analyze the causes of visibility impairment and to

develop and implement control strategies as required. Requirements include analysis of emissions from

new major sources or sources making major modifications and anticipated impacts on visibility at any

Class I area. Arizona submitted a Regional Haze SIP under 40 CFR 51.309 in December 2003, and a

2004 revision for its four Class I areas on the Colorado Plateau. A SIP for its remaining eight Class I

areas is being developed under 40 CFR 510309(g).

Relevant sections ofArizona Revised Statutes:

49-458. Regional haze program; authority

49-458.01 State implementation plan revision; regional haze; rules

Final CAA 11O(a) SIP 090915 14
2.11 eAA Section llO(a)(2)(K) - Air Quality Modeling

Section 11O(a)(2)(K) requires that SIPs provide for performing air quality modeling for predicting the

effect of emissions on ambient air quality and to submit data related to the modeling to EPA upon request.

Arizona retains authority to perform air quality modeling for predicting the effect of emissions on

ambient air quality. Where applicable, all modeling analyses for demonstrating attainment and

maintenance ofthe NAAQS meet EPA's most recent guidance on air quality models. All information and

data are made available to EPA as required.

Relevant sections ofArizona Revised Statutes:

For ADEQ Programs:

49-406. Nonattainment area plan

49-422. Powers and duties; definition

49-424. Duties of department

49-426. Permits; duties of director; exceptions; applications; objections; fees

For County Programs:

49-473. Board ofsupervisors

49-474. County control boards

49-480. Permits; fees

2.12 CAA Section llO(a)(2)(L) - Permit Fees

Section 110(a)(2)(L) requires SIPs to require the owner or operator of a major stationary source to pay

fees to the permitting authority to cover the cost of reviewing, approving, implementing and enforcing a

permit.

Arizona permitting agencies are responsible for assessing fees sufficient to recover the costs of

administering the permitting program. Assessments include fees for permit actions, administrative and

emission based fees for Title V sources, inspection fees for non-Title V sources, and fees for general

permits.

Relevant sections ofArizona Revised Statutes:

For ADEQ Programs:

49-426(E). Permits; duties of director; exceptions; applications; objections; fees

For County Programs:

49-480(D). Permits; fees

2.13 CAA Section llO(a)(2)(M) - ConsultationlParticipation by Affected Local Entities

Section 110(a)(2)(M) requires states to provide for consultation and participation in SIP development by

local political subdivisions affected by the plan.

Final CAA llO(a) SIP 090915 15
Arizona air quality agencies consult with and maintain frequent and regular communication with all local

and political subdivisions affected by plan revisions. Local entities participate in plan development and

the review process and often provide needed data and infonnation for analyses contained in the plan as

well as implementation assistance. Opportunity for comment is also provided through stakeholder

meetings and public hearings conducted to solicit testimony from the public, local planning agencies, and

other local political entities prior to adoption of any plan revisions.

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-405. Attainment area designations

49-406. Nonattainment area plan

49-424. Duties of department

49-425. Rules; hearing

49-426. Permits; duties of director; exceptions; applications; objections; fees

For County Programs:

49-473. Board ofsupervisors

49-474. County control boards

49-479. Rules; hearing

49-480. Pennits; fees

Final CAA 110(a) SIP 090915 16
3.0 COMMITMENTS

ADEQ is in the process of preparing a revision to the SIP to meet the remaining requirement of CAA

Section llO(a)(2)(G) relating to emergency episodes for the 1997 PM2.5 and 8-hour ozone NAAQS and

the 2006 PM2.5 NAAQS.

Clean Air Act Section II 0(a)(2)(G) requires states to provide for authority to address activities causing

imminent and substantial endangerment to public health, including contingency plans to implement the

emergency episode provisions in their SIPs. Arizona Revised Statutes §49-465 authorizes State actions to

alleviate or prevent an emergency health risk to the public due to air pollution or likely exceedance ofthe

NAAQS. Arizona Administrative Code RI8-2-220, "Air Pollution Emergency Episodes," which

prescribes procedures to prevent the occurrence of ambient air pollution concentrations which would

cause significant harm to public health is currently being revised to incorporate the most recent PM and

ozone air quality standards. The revised "Emergency Episode" program will be submitted to EPA for

approval as a component ofthe SIP upon completion ofthe State rulemaking and public review process.

Final CAA 1l0(a) SIP 090915 17
4.0 CONCLUSION

This revision to the Arizona SIP demonstrates that, with the exception of 11 0(a)(2)(0), the existing

authorities and infrastructure of Arizona State and local air quality management programs, in conjunction

with the federal PSD program, meet the basic program elements required under CAA Section 110(a)(2)

for the 2006 PM25 NAAQS.

This SIP revision also demonstrates that outstanding requirements under Sections 110(a)(2)(E)(i) and

(E)(ii) for the 1997 PM25 NAAQS and Sections 110(a)(2)(A) through (M) for the 1997 8-hour ozone

NAAQS are met (see the U.S. Environmental Protection Agency's "Completeness Findings" at 73 FR

62902; October 22, 2008, and 73 FR 16205; March 27, 2008).

Final CAA llO(a) SIP 090915 18
Appendix A

Guidance on SIP Elements Required Under Section 1l0(a)(1) and (2) for the 1997 8-llour

Ozone and PM2.5 National AmbientAir Quality Standards, October 2, 2007
(This Page Intentionally Left Blank)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

RESEARCH TRIANGLE PARK, NC 27711

OCT 2 2007

OFFiCE OF

AIR QUALITY PLANNING

AND STANDARDS

MEMORANDUM

SUBJECT: Guidance on SIP Elements Required Under Sections 110(a)(I) and

(2) for the 1997 8-hour Ozone and PM2.5 National Ambient Air

Quality Standards

FROM: rkWilliam T. Harnett, Direct _A oj V Air Quality Policy DiVisio~ftt

TO: Air Division Directors, Regions I-X

The purpose ofthis memorandum is to provide guidance on the

"infrastructure" elements for State Implementation Plans (SIPs) required under

section llO(a)(I) and (2) ofthe Clean Air Act (CAA) for the 1997 8-hour ozone

and fine particulate matter (PM2.5) national ambient air quality standards

(NAAQS). Attachment A to this memo provides a list ofthe basic elements that

States must include in their SIPs. To the extent that existing SIPs for ozone and

particulate matter already meet these requirements, States need only certify that

fact to the Environmental Protection Agency (EPA). To the extent that existing

SIPs for ozone and particulate matter fail to address any ofthese requirements for

purposes ofthe 1997 8-hour ozone or PM2.5 NAAQS, States need to make timely

SIP submissions to EPA to address these requirements. We anticipate that States

will already have approved SIPs in place for ozone that meet the basic

requirements ofsections 110(a)(I) and (2). For PM25, however, we anticipate

that many States may need to make SIP revisions to ensure that their existing SIPs

for prior particulate matter NAAQS are revised to include the new particle size

indicator.

Background

On July 18, 1997, the EPA promulgated new and revised NAAQS for

ozone and particulate matter. For ozone, EPA revised the NAAQS to provide an

8-hour averaging period (versus a I-hour averaging period for the pre-existing

NAAQS), and set the level ofthe standard at 0.08 ppm (versus 0.12 ppm for the

pre-existing NAAQS). For PM, EPA promulgated a new 24-hour and a new

In\ernel Address (URL). http://www.apa.gov

RecyelfildlAecyclable .Prfrded with Vegetable 011 Bued Inks on Recycled Paper (Minimum 25% Postconsumer)

Appendix A, P. I
annual NAAQS for PM2,S (particles with an aerodynamic diameter less than or

equal to a nominal 2.5 micrometers), I

Under sections 110(a)(1) and (2) ofthe CAA, all States are required to

submit plans to provide for the implementation, maintenance, and enforcement of

the 8-hour ozone and PM2.5 standards. Sections 110(a)(I) and (2) require States

to address basic SIP requirements, including emissions inventories, monitoring,

and modeling to assure attainment and maintenance ofthe standards. By statute,

SIPs meeting the requirements ofsections 110(a)(I) and (2) are to be submitted

by States within 3 years after promulgation of a new or revised standard. This

being the case, States were required to submit such SIPs for the 1997 standards to

EPA no later than July 2000. However, intervening litigation over the 1997

8-hour ozone and PM2,s NAAQS, created uncertainty about how to proceed and,

to date, States have not submitted SIPs to meet the basic or infrastructure

requirements enumerated in sections IIO(a)(I) and (2),

In March of 2004, Earth Justice initiated a lawsuit against EPA for failure

to take action against States that had not made SIP submissions to meet the

requirements ofsections 110(a)(I) and (2), i.e., failure to make a "finding of

failure to submit." On March 10, 2005, EPA entered into a Consent Decree with

Earth Justice that obligates EPA to make official findings whether States have

made required SIP submissions by dates certain. The Consent Decree obligates

EPA to determine whether States have made SIP submissions required to meet

CAA section IIO(a)(2)(D)(i) relating to interstate transport by no later than

March 15,2005. The Consent Decree also obligates EPA to make a

determination whether States have made submissions necessary to meet the

remaining 1l0(a)(l) and (2) requirements by December 15,2007, for the 8-hour

ozone NAAQS, and by October 5, 2008, for the PM2.~ NAAQS? It should be

noted that the latter determinations pertain only to whether the submissions are

complete, pursuant to section 11O(k)(1 )(A), and do not constitute EPA approval

or disapproval ofsuch submissions. In addition, the determinations required by

the Consent Decree explicitly exclude any determinations regarding: (i)

1 More recently, on December 18,2006, EPA again revised the standards for particulate matler,

tightening the 24-hour PM,., standard from 65 micrograms per cubic meter (",glm') to 35 ",glm,'

and retaining the current annual fine particle standard at IS ",glm'. EPA also decided to retain the

existing 24-hour PM '" standard of ISO ",g/m' and to revoke the annual PM", This guidance

document applies only to the SIP submission requirements for the 1997 8-hour Ozone and PM"

NAAQS. EPA will address SIP requirements for the 2006 NAAQS separately, although the

Agency notes that the statutory requirements for SIPs for new or revised NAAQS are comparable,

'The dates specified in the Consent Decree reflect the anticipated dates for submission of

nonattainment area SlPs for each NAAQS, plus six months for EPA eva]uatlon, EPA presumed

that States would make SlP submissions meeting the basic requirements ofsections ] 10(a)(I) and

(2) for each NAAQS contemporaneously with, or not later than, SIPs meeting the nonattainment

area plan requirements, EPA notes that recent decisions by the U.S. Court of Appeals for the

District ofColumbia concerning the implementation rule for the 8-hour Ozone NAAQS have

affected certain nonattainment area SIP requirements. These judicial decisions do not, however,

affect States' obligations under the CAA or EPA's obligations under the Consent Decree

concerning the infrastructure SIP requirements ofsections 110(a)(I) and (2).

2

Appendix A, P. 2
submissions required by section II 0(a)(2)(C) to the extent that subsection pertains

to a nonattainment area new source permit program in part D Title I ofthe CAA;

and (ii) submissions required by section II 0(a)(2)(I) for Part D Title I

nonattainment area plans.

In accordance with the Consent Decree, EPA has already published a

finding that all States had failed to submit new SIPs addressing interstate transport

for the 8-hour ozone and PM25 NAAQS, as required by section I 10(a)(2)(D)(i) of

the CAA (70 FR 21147, April 25, 2005). That finding initiated a 2-year deadline

for the promulgation of a Federal Implementation Plan (FIP) by EPA for each

such State unless, prior to that time, each State makes a submission to meet the

requirements of Section I IO(a)(2)(D)(i) and EPA approves such submission. On

May 12, 2005, EPA published the Clean Air Interstate Rule (CAIR) which

identifies the degree to which emissions of S02 and NO, in certain States

significantly contribute to nonattainment of, or interfere with maintenance of, the

1997 8-hour ozone and PM1.5 NAAQS in downwind States, and the reductions

that must be achieved in those States to eliminate such contributions.

On August 15, 2006, EPA issued guidance entitled "Guidance for State

Implementation Plan (SIP) Submissions to Meet Current Outstanding Obligations

Under Section I IO(a)(2)(D)(i) for the 8-hour Ozone and PM25 National Ambient

Air Quality Standards." The section I IO(a)(2)(D)(i) guidance indicates that

States within the CAIR region can satisfy 110(a)(2)(D) by satisfying the

requirements ofthe CAIR, and addresses what other States that are outside ofthe

CAIR region should consider doing to meet the "significant contribution" and

"interfere with maintenance" requirements ofsection I IO(a)(2)(D)(i) for the 1997

standards. The section 11O(a)(2)(D)(i) guidance also addresses what all States

(whether inside or outside ofthe CAIR region) should consider in making SIP

submissions to meet the "prevention ofsignificant deterioration" and "protect

visibility" requirements ofsection 110(a)(2)(D)(i). The SIP submissions

addressed by the section IIO(a)(2)(D)(i) guidance are those that are necessary to

rectify the finding of failure to submit that EPA has already issued for all States

for section II 0(a)(2)(D)(i).

The guidance contained in this memorandum is intended as a reminder

that States must have SIPs for the 1997 8-hour ozone and PM2.l NAAQS that

meet all ofthe requirements ofsections 11 O(a)(I) and (2). Pursuant to the

Consent Decree, EPA has an obligation to take action to determine whether States

have made such submissions by the dates noted above. Because States should

currently be in the process ofsubmitting nonattainment SIPs for the 8-hour ozone

standard and working on nonattainment area SIPs for the PM21 standard, we want

to alert them to be sure tllat their SIPs also meet the basic requirements ofsections

II O(a)(l) and (2).

3

Appendix A, P. 3
Guidance

The EPA believes that the currently-approved section 110 SIPs for ozone

may already be adequate in most cases to implement the 8-hour ozone NAAQS.

Many ofthe required section llO(a)(I) and (2) SIP elements relate to the general

information and authorities that constitute the "infrastructure" ofthe ozone air

quality management program, and these have been in place since the initial SIPs

were submitted in response to the 1970 Clean Air Act. For particulate matter,

however, EPA believes that some States may need to adopt language specific to

the PMl.5 NAAQS to ensure that they have adequate SIP provisions to implement

the PMl .5 NAAQS, e.g., existing State laws may refer to PMIO specifically or to

particulate matter more generally, rather than to PM2.5. We believe that with one

exception, the infrastructure requirements ofsections 11O(a)(I) and (2) are

relatively self explanatory, and past experience with SIPs for other NAAQS

should enable States to meet these requirements with assistance from EPA

Regions. The one exception is section 110(a)(2)(G) relating to emergency

episodes, for which EPA intends to take additional regulatory action to provide

necessary numerical limits and concentration levels for emergency episode action

plans for PM2.5.

States should review and revise, as appropriate, their existing ozone and

particulate matter SIPs to ensure that they are adequate to address the 8-hour

ozone and PM2S NAAQS. If a State determines that its existing SIP is adequate,

then the State needs to certify, via a letter to the Agency from the Governor or

hislher designee, that the existing SIPs contain provisions that address the

requirements for the 8-hour ozone and PM2.

5 NAAQS. If a State determines that

its existing ozone or particulate matter SIPs are inadequate, however, then the

State needs to submit a SIP revision to make the appropriate changes.

With respect to PM25, States may find it more advantageous to revise the

language in their SIPs to identify "particulate matter" as the pollutant being

implemented and define the size fractions as "those that EPA has currently set for

the NAAQS" to the extent such an approach would be authorized by State law.

This will ensure that the provisions remain adequate in the event that future

changes occur to the particulate matter standards. States could also specify both

PMIO and PM2.S as the size fractions if a State prefers to be more specific.

As an aid to the States in addressing the PM2.S related requirements of

Section 110(a)(2)(G) pertaining to emergency episode provisions, EPA intends to

take action to revise 40 CFR, Part 51, subpart H (sections 51.150). The rule

changes will establish the priority classifications which determine the emergency

episode plan requirements for each area and establish a significant harm level

(SHL) for PM2.5. Until these changes are final, EPA recommends that States rely

on relevant information contained in upcoming EPA rule proposals or other EPAissued interim guidance to satisfy the section 110(a)(2)(G) requirements for

PM2.5. After EPA issues final rules, EPA will work with States to revise SIP

4

Appendix A, P. 4
submissions that were based on interim information, as appropriate. States may

wish to take advantage ofthe parallel processing mechanism for making their

section 110(a)(2)(G) submittal in the interim while EPA completes rulemakings

on the SHL and the emergency episode plan requirements under 40 CFR 51.150.

The SHL for the 8-hour ozone NAAQS will remain unchanged as 0.60

ppm ozone, 2-hr average, as indicated in 40 CFR Part 51.151. EPA believes that

the existing ozone-related provisions of 40 CFR Subpart H remain appropriate.

Therefore, EPA expects that for purposes ofthe 1997 8-hour ozone NAAQS,

States need only to confirmthat they have existing emergency episode plan

provisions consistent with EPA's existing regulatory requirements.

By statute, States are required to make SIP submissions to meet the basic

requirements ofCAA sections 110(a)(I) and (2) within 3 years after promulgation

of any new or revised standards. For the 1997 8-hour Ozone and PM25 standards,

this deadline was July 2000. By Consent Decree, as noted above, EPA has agreed

to make a determination whether or not States have submitted SIPs to meet these

requirements by a date certain. In the case of S-hour ozone SIPs, this date is

December 15,2007. For PM2S SIPs, this date is October 15, 200S. In order for

EPA to evaluate the submissions adequately, EPA requests that States make their

certifications of SIP adequacy or SIP revisions as soon as possible and to the

extent feasible sufficiently in advance ofthese dates to allow EPA time to

determine whether complete submissions have been made.

If you have any questions concerning this guidance, please contact

Mr. David Sanders at (919) 541-3356. Please ensure that the appropriate air

agency officials for States in your Region are made aware of this guidance.

Attachments

cc: Margo Oge, OTAQ

Steve Page, OAQPS

Brian McLean, OAP

Richard Wayland, OAQPS

Lydia Wegman, OAQPS

Peter Tsirigotis, OAQPS

5

Appendix A, P. 5
Attachment A: Required Section 110 SIP Elements

The SIP elements listed below are required under section II O(a)(1) and

(2). Section IIO(a)( I) provides the procedural and timing requirements for SIPs.

Section 11O(a)(2) lists the basic or "infrastructure" elements that all SIPs must

contain. We note that this list is not intended to constitute an interpretation of

these provisions, or a change ofpast practice with respect to these provisions,

merely a brief description ofthe required SIP elements.

Emission limits and other control measures: Section II O(a)(2)(A) requires

SIPs to include enforceable emission limits and other control measures, means or

techniques, schedules for compliance and other related matters. EPA notes that

the specific nonattainment area plan requirements ofsection II 0(a)(2)(I) are

subject to the timing requirement ofsection 172, not the timing requirement of

section 11O(a)(I), and also that SIPs to meet this section are not covered by the

Consent Decree.

Ambient air quality monitoring/data system: Section 11D(a)(2)(B) requires

SIPs to include provisions to provide for establishment .and operation of ambient

air quality monitors, collecting and analyzing ambient air quality data, and making

these data available to EPA upon request.

Program for enforcement of control measures: Section II O(a)(2)(C) requires

States to include a program providing for enforcement of all SIP measures and the

regulation of construction of new or modified stationary sources to meet

prevention ofsignificant deterioration (PSD) and nonattainment NSR

requirements.

Interstate transport: Section llO(a)(2)(D) requires SIPs to include provisions

prohibiting any source 01' other type of emissions activity in one State from

contributing significantly to nonattainment, or interfering with maintenance, ofthe

NAAQs in another State, or from interfering with measures required to prevent

significant deterioration of air quality or to protect visibility in another State.

EPA has already issued CAlR to assist States in developing SIPs to meet this

requirement for purposes ofthe 8-hour Ozone and PMZ.5 NAAQS, and has issued

separate guidance to all States on how to comply with each prong ofthis statutory

provision.

Adequate resources: Section IIO(a)(2)(E) requires States to provide for

adequate personnel, funding, and legal authority under State law to carry out its

SIP, and related issues.

Stationary source monitoring system: Section llO(a)(2)(F) requires States to

establish a system to monitor emissions from stationary sources and to submit

Appendix A, P. 6
periodic emissions reports.

Emergency power: Section II 0(a)(2)(G) requires States to provide for authority

to address activities causing imminent and substantial endangennent to public

health, including contingency plans to implement the emergency episode

provisions in their SIPs.

Future SIP revisions: Section II 0(a)(2)(H) requires States to have the authority

to revise their SIPs in response to changes in the NAAQS, availability of

improved methods for attaining the NAAQS, or in response to an EPA finding

that the SIP is substantially inadequate.

Consultation with government officials: Section II0(a)(2)(1) requires States to

provide a process for consultation with local governments and Federal Land

Managers carrying out NAAQS implementation requirements pursuant to section

121 relating to consultation.

Public notification: Section 11 0(a)(2)(1) further requires States to notify the

public ifNAAQS are exceeded in an area and to enhance public awareness of

measures that can be taken to prevent exceedances.

PSD and visibility protection: Section 11O(a)(2)(1) also requires States to meet

applicable requirements ofpart C related to prevention ofsignificant deterioration

and visibility protection.

Air quality modeling/data: Section llO(a)(2)(K) requires that SIPs provide for

perfonning air quality modeling for predicting effects on air quality of emissions

from any NAAQS pollutant and submission ofsuch data to EPA upon request.

Permitting fees: Section 110(a)(2)(L) requires SIPs to require each major

stationary source to pay permitting fees to cover the cost ofreviewing, approving,

implementing and enforcing a permit.

Consultation/participation by affected local entities: Section 110(a)(2)(M)

requires States to provide for consultation and participation in SIP development

by local political subdivisions affected by the SIP,

2

Appendix A, P. 7
(This Page Intentionally Left Blank)
Appendix B

Clean Air Act Section 1l0(a)(2)(D)(i) - Interstate Transport Analysis for the 2006 PM2.

5

National Ambient Air Quality Standards
(This Page Intentionally Left Blank)
CHAPTER 1:

CHAPTER 2:

CHAPTER 3:

CHAPTER 4:

CHAPTERS:

TABLE OF CONTENTS

INTRODUCTION 1

1.1 Overview 1

1.2 General SIP Requirements 1

ANALYSIS OF "SIGNIFICANT CONTRIBUTION TO NONATTAINMENT"

and "INTERFERENCE OF MAINTENANCE" 2006 PM2.

5 NAAQS 3

PREVENTION OF SIGNIFICANT DETERIORAnON 11

PROTECTION OF VISIBILITY 12

CONCLUSION 13

ATTACHMENTS

ATTACHMENT B1 Guidance for State Implementation Plan (SIP) Submissions to Meet Current

Outstanding Obligations Under Section 110(a)(2)(D)(i)for the 8-Hour Ozone

and PM2.5 National Ambient Air Quality Standards, U.S. Environmental

Protection Agency, August 15,2006

ATTACHMENT B2 Arizona Nitrogen Oxides, PM25, and Sulfur Dioxide Emissions Inventories

ATTACHMENT B3 Ambient Air Quality Data

Appendix B, P. i
(This Page Intentionally Left Blank)
CHAPTER 1: INTRODUCTION

1.1 Overview

In July 1997, the U.S. Environmental Protection Agency (EPA) issued National Ambient Air Quality

Standards (NAAQS) for particulate matter 2.5 microns or less in diameter (PM2S) (62 FR 38652). In

October 2006, EPA published revised 24-hour PM25 standards that became effective on December 18,

2006 (71 FR 61144). With the 2006 PM2.5 NAAQS revision, EPA tightened the primary and secondary

24-hour PM2.5 standards from 65 /lglm3 to 35 /lglm3 and retained the current primary and secondary

annual PM2.5 standards (] 5 /lglm3

). The State of Arizona submitted recommendations for

unclassifiable/attainment or nonattainment 2006 PM25 NAAQS area designations December 19, 2007.

EPA accepted the Arizona recommended designations on August 18, 2008, and opened the designation

decision for public comment on August 21, 2008. On December 22, 2008, EPA issued a final Federal

Register notice for Arizona unclassifiable/attainment and nonattainrnent designations; the final boundary

designations, however, are under review and will only be effective ninety days after publication in the

Federal Register.

Section 110(a)(1) ofthe Clean Air Act (CAA) requires states to submit state implementation plans (SIPs)

within three years following the promulgation of new standards. This document is part of the revision to

the Arizona State Implementation Plan Revision under Clean Air Act Section llO(a)(1) and (2) and

specifically addresses interstate transport of air pollution under CAA Section 11 0(a)(2)(D)(i). It contains a

demonstration showing Arizona does not siguificantly contribute to interstate transport of pollutants that

impact nonattainment in, or interfere with maintenance by, any other state with respect to the 2006 24-

hour PM2.5NAAQS and demonstrates Arizona meets the required prevention of siguificant deterioration

of air quality and protection of visibility provisions ofthe law.

1.2 General SIP Requirements

Section 11 0(a)(2)(D)(i) of the Clean Air Act requires each state to submit a SIP that prohibits emissions

which adversely affect another state. The SIPs must contain adequate provisions -

"prohibiting... any source or other type ofemissions activity within the state from emitting any air

pollutant in amounts which will-

(1) contribute significantly to nonattainment in, or interfere with maintenance by, any other

state with respect to any... nationalprimary or secondary air quality standard, or

(11) interfere with measures required to be included in the applicable implementation plan for

any other state ... to prevent significant deterioration ofair quality or to protect visibility. "

On August 15,2006, EPA issued guidance for states to use in development of SIPs to meet outstanding

obligations under CAA Section 110(a)(2)(D)(i) for the 1997 8-hour ozone and PM2.5 NAAQS (see

Attachment Bl). Arizona used this guidance for the 2006 24-hour PM2.5 NAAQS, as recommended by

EPA. The guidance outlines the four elements states should address in their SIPs:

1) "significant contribution to nonattainment,"

2) "interference with maintenance,"

3) "prevention ofsignificant deterioration," and

4) "protection of visibility."

Appendix B, P. 1
The following Chapters include discussion of the elements outlined in the guidance: Chapter 2 is a

discussion of attainmentlunclassifiable and nonattainment areas; including information about Arizona's

PM25 sources, monitoring network and data, as well as meteorological and topographical information

related to transport; Chapter 3 is a discussion of Arizona requirements for prevention of significant

deterioration; and Chapter 4 presents information regarding Arizona's ongoing efforts to protect visibility.

Appendix B, P. 2
CHAPTER 2: ANALYSIS OF NONATTAINMENT AND MAINTENANCE AREA IMPACTS

PM25 aerosol consists of crustal particles, elemental carbon, organic carbon, nitrate, and sulfate; the last

two of which are secondary pollutants, formed in the atmosphere from gaseous nitrogen oxides (NOx)

and sulfur oxides emissions. A small portion of the organic carbon is also secondary, formed from

gaseous and semi-volatile hydrocarbon emissions. Emission inventories for PM25 typically account for

the primary species: crustal, elemental carbon, and the directly emitted organic carbon.

Discussion included in this chapter begins with the State's PM25 emissions areas and receptors (including

Maricopa, Navajo, Santa Cruz and Pinal Counties), followed by a presentation of Arizona's

meteorological and topographical climate. Lastly, in support of the State of Arizona's negative

declaration regarding the transport of PM2.5, distance and relationship to other EPA recommended 2006

24-hour PM2.5 nonattainment designations are presented.

In the preamble to its Rule to Reduce Interstate Transport ofFine Particulate Matter and Ozone or Clean

Air Interstate Rule (CAIR) (69 FR 4581, January 30,2004), EPA provided the following rationale for the

exclusion of the Western U.S., including Arizona, from further consideration oftransport for both 8-hour

ozone and PM25 •

"In analyzing significant contribution to nonattainment, we determined it was reasonable

to exclude the Western u.s., including the States of Washington, Idaho, Oregon,

California, Nevada, Utah and Arizona from jitrther analysis due to geography,

meteorology, and topography. Based on these factors. we concluded that the PMn and

8-hour ozone nonattainment problems are not likely to be affected significantly by

pollution transported across these States' boundaries. Therefore. for the purpose of

assessing State's contributions to nonattainment in other States, we have only analyzed

the nonattainment counties located in the rest ofthe U. S. "

EPA's August 15, 2006, guidance states, "the EPA anticipates, based upon eXlstmg information

developed in connection with the CAIR, that emissions from sources in states not covered by the CAIR

do not contribute significantly to nonattainment or interfere with maintenance of the 8-hour ozone or

PM2.5 NAAQS in any other State." The guidance indicates that to satisfy the requirements of Section

110(a)(2)(D)(i), non-CAIR states may submit a negative declaration that the state does not significantly

contribute to interstate transport of emissions impacting nonattainment or interfere wiili maintenance of

the NAAQS in another state. Information to support a negative declaration may include but is not limited

to the following:

• emission inventories for sources that contribute to ambient ozone and PM2.5 levels;

• meteorological data;

• information about the distance to the nearest 8-hour ozone or PM25 nonattainment area in

anoilier state; and

• air quality modeling.3

As detailed in ilie following sections, ADEQ used this guidance and the aforementioned discussion

factors in developing its demonstration of noninterference for the 2006 24-hour PM2.5 air quality standard.

3 EPA updated the Federal Register to clarify Arizona was not included in CArR modeled states and that, "(w)ith

respect to the [1997] PM2.5 NAAQS... ADEQ has presented sufficient support for the negative declaration in its

discussion ofthe other factors and need not rely on CArR modeling results" (72 FR 41629, July 31, 2007).

Appendix B, P. 3
Emissions & Ambient Monitoring

The most recently available PM2.5 emissions inventories from EPA's National Emission Inventory (NEI)

for Arizona counties show that sources in Maricopa County, the State's most populous county, generate

nearly two and a half times the primary PM2.5 emissions of any other county in the State (Excluding

Navajo County which had elevated emissions due to wildfires. See notes for Table B2-1). The only

recommended nonattainment designation in the State, the Nogales Planning Area, is included in Santa

Cruz County. While the Nogales Planning Area is recommended nonattainment, Santa Cruz County is a

PM2.5 receptor of emissions transported from Nogales, Sonora (Mexico). Santa Cruz County total primary

PM2.5 emissions are only 14 percent ofthose generated by Maricopa County sources (see Attachment B2).

In further discussion of Arizona PM25 emissions sources, as previously noted, gaseous emissions that

contribute to fine particulate formation include nitrogen oxides (NOx) and sulfur oxides (SOx) emissions.

Emissions inventories from EPA's NEI for Arizona show that Maricopa County sources emit

approximately 34 percent of total NOx emissions. The inventories confirm that no other county totals for

these pollutants equate to the level of emissions generated by Maricopa County (see Attachment B2).

Maricopa County, however, has a recommended designation of attainmentlunclassifiable for NOx as well

as SOx. Apache, Gila, and Navajo Counties are the largest emitters of sulfur dioxide in Arizona.

Emissions in these counties are dominated by point sources rather than area and mobile sources. Further,

those Counties demonstrating secondary pollutant contribution to PM2.5 are all currently recommended

attainmentlunclassifiable for the 2006 24-hour PM2.5 NAAQS.

ADEQ and county agencies maintain an ambient monitoring network for measuring PM25 concentrations

across the State of Arizona. Attachment B3, Tables B3-1 through B3-4, summarize the latest available

monitored air quality data for Arizona monitoring locations by county. These data show 2006 24-hour

PM25 NAAQS violations at the Nogales Post Office Federal Reference Monitor and at the Cowtown

Federal Reference Monitor in Pinal County. At this time, Pinal County is a recommended

attainmentlunclassifiable area. The violations registered at the Cowtown monitoring location appear to be

localized emissions, given the lower concentrations recorded at other monitors in the area at this time.

Figure 2.1 is a map ofthe State of Arizona air quality monitoring network.

Boundary Recommendations for 2006 24-hour PM2 5 NAAQS in Arizona

On December 19, 2007, Arizona submitted recommendations designating a portion of Santa Cruz County,

referred to as the Nogales Planning Area, nonattainment and all other areas ofthe state as attainment (See

Figure 2.2 for a map of the Nogales Planning area recommendation). EPA accepted the Arizona

recommended designations on August 18, 2008, and opened the designation decision for public comment

on August 21, 2008. On December 22, 2008, EPA signed a final Federal Register notice for Arizona

unclassifiable/attainment and nonattainment designations; however the final boundary designations are

under review and the final designations will be effective ninety days after publication in the Federal

Register. The December 19,2007, submission to EPA included discussion of regional emissions for the

Nogales Planning area and identifies the recommended nonattainment area as an emissions receptor rather

than an emitter.

Appendix a, P. 4
Figure 2.1 State of Arizona PM2.s Monitoring Network

Appendix B, P. 5

o 100!

Source: MAD

July 22, 2009 Author - N Coroli
Figure 2.2 Arizona 2006 24-hour PM2.S Recommended Nonattainment Area Designation4

I

r'-'-

I

(

f

:

: .....

• "

I

."

Nogales, Arizona / Nogales, Sonora

PM 2.5 Boundary Study

036=I<m

I Porto! En1fy I

I • PM 10. Pt., 2.5 Monitoring Station

o No9"tes. ArIzona 8ound.1ry I

9 lologales, Sonora BooodaJY I r:::-t PM '0 Non Altal"menlA,.. I

Et''''o,naUonol BoUndary I ----'

02.

____-====:::J"..I..

4 Retrieved from December 19, 2007 letter from Governor Napolitano to Administrator Nastri, Re: Boundary

Recommendations for PM2.5 NAAQS

Appendix B, P. 6
Topography

One of the factors affecting interstate transport of pollutants is topography. Arizona has three main

topographical areas: 1) a high plateau in the northeast; 2) a mountainous region in the central part of the

state, oriented southeast to northwest; and 3) broad desert valleys separated by narrow mountain ranges in

the southwestern portion of the state. Elevations range from near sea level in the southwest to more than

11,000 feet in the north and east. This complex terrain divides the state into 11 distinct airsheds which

impact the dispersion of emissions within and outside local areas (see meteorology/climatology

discussion below). As demonstrated in the previous discussion, Arizona has no significant emissions

sources contributing to nonattainment within the State. This, in addition to the topographical makeup of

the State, supports low PM25 transport and Arizona's negative declaration.

Meteorology/Climatology

Large scale airflow over Arizona is generally from the west to the east. This circulation pattern, most

pronounced in winter, brings occasional storm systems that progress eastward on the westerly flow. In the

warmer months, the region is dominated by high pressure which produces a more southerly component to

the air flow over the state. Localized complex terrain windflow patterns also occur and impact the

dispersion of emissions from sources in Arizona.

Arizona is divided into a number of airsheds. Airshed refers to areas with common weather or

meteorological conditions and sources of air pollution. Generally speaking, an airshed includes source

and receptor areas. Most often airsheds are defined by topographical features that affect meteorology, as

in Arizona, where interconnected mountain ranges form barriers between areas of lower elevation. This

differential topography helps create discrete atmospheric conditions or characteristics within a particular

airshed where air pollutants from sources within the area are emitted and dispersed. Individual airsheds

can also contain local areas of complex terrain responsible for more complicated wind patterns.

Both the larger scale synoptic or regional flows and local topographically driven surface winds can

influence the speed and direction of transport of emissions. However, because the atmosphere within an

airshed acts in a more cohesive and uniform way with respect to the dispersion of emissions, local wind

patterns and flow within an individual airshed are most influential in affecting the impact of local

emissions.

Stronger regional flow can at times override local patterns and overcome elevation differences. Under

these conditions direction of flow can vary. However, mixing, dispersion, and dilution of emissions are

increased, especially with distance. Therefore, added to the previous assertions that Arizona has no

significant emissions sources and a topographical makeup that makes transport more difficult, the

meteorological and climatic conditions support the State of Arizona's negative declaration regarding

interstate transport.

Location ofPM, 5Nonattainment Areas in States Neighboring Arizona

There are several recommended PM2.5 nonattainment designations for California, including the counties

that share a border with Arizona: Riverside County, San Bernardino County, and Imperial County. At this

time, these recommendations are under review. Based on regional and local air flow patterns, California

nonattainment areas are upwind of Arizona emissions sources. To the north, Utah has several

recommended nonattainment counties (either in whole, or part) in the northwestern part of the state.

These counties are, however, approximately 200 miles from the northern Arizona border and over 500

Appendix B, P. 7
miles from the only recommended nonattainment designation in the state.

All other states that border Arizona have designated unclassifiable/attainment designations for the 24-

hour PM2.5 NAAQS (40 CFR 81.332 - New Mexico; 40 CFR 81.306 - Colorado; 40 CFR 81.329 -

Nevada). The closest recommended nonattainmenfarea to the east, downwind of Arizona, is the St. Louis

area in Missouri more than 800 miles from the eastern Arizona border.

Figure 2-2: EPA Intended Designations - 2006 24 hour PMZ•5 Nonattainment Areas5

EPA Intended Desil7'Cfion

AUh'nfrtAJrdn1l1\Mll1!

• NoroaimlM:·EPAreUlll~lWI'OIe cClt'1Yl • N~mItl1·ep.... rl!tonmeMlrll)'llparMltou1)1

As discussed in the meteorological section of this submission, generally dominant air flows across the

State are from the west to the east and there are seasonal flows from Gulf of Mexico to the Southeast

across Arizona to the northwest. Natural mountain ranges in the eastern portion of the State prevent

western flows from reaching New Mexico and other topographical features generally prevent Arizona

generated pollutants from having significant transport capability into other nonattainment and

maintenance areas. Given prevailing wind flows through the State ofArizona neither PM2.5 affected areas

in Utah or Missouri are significantly affected by Arizona generated PM2.s.

Conclusion

As presented in this SIP reVISion, monitored air quality data, the location of emissions sources,

topography and meteorology, and distance to downwind nonattainment areas all demonstrate 24-hour

PM2.5 and PM2.s precursor emissions from Arizona do not significantly contribute to nonattainment or

interfere with maintenance of the 24-hour PM2.5 standards' in any other state6

. The State commits to

5 Retrieved from: http://www.epa.gov/pmdesignationsl2006standardsldocumentsl2008-08-21/recmap.htm. July 14,2009

6 EPA updated the Federal Register to clarify Arizona was not included in CATR modeled states and that, "(w)ith respect to the

[1997] PM2.S NAAQS... ADEQ has presented sufficient support for the negative declaration in its discussion ofthe other factors

and need not rely on CAIR modeling results" (72 FR 41629, July 31, 2007).

Appendix B, P. 8
continue to review available information regarding monitored air quality, existing and projected

emissions and to take whatever actions may be necessary to ensure that emissions activities within the

State do not contribute significantly to nonattainment in, or interfere with maintenance by, other states

with respect to any primary or secondary NAAQS.

Appendix B, P. 9
CHAPTER 3: PREVENTION OF SIGNIFICANT DETERIORATION

Section IIO(a)(2)(D)(i)(II) of the CAA requires states to prohibit emissions within the state from

interfering with implementation plans from other states falling under Part C of Section 110 to prevent

significant deterioration of air quality.

All new sources and modifications to existing sources in Arizona are subject to state requirements for

preconstruction review and permitting pursuant to Arizona Administrative Code (AAC), Title 18, Chapter

2, Articles 2 and 4 or relevant county rules. All new major sources and major modifications to existing

major sources in Arizona are subject to the nonattainment New Source Review (NSR) provisions ofthese

rules (including ozone nonattainment areas) or Prevention of Significant Deterioration (PSD) for

attainment areas.

Arizona will update the NSR rules when EPA's PM25 implementation guidance is finalized. The State

commits to continue to review new infoffimtion regarding monitored air quality, existing and projected

emissions, and modeled air quality, and to take whatever actions may be necessary to ensure that

emissions activities within the State do not interfere with measures required to be included in the

applicable implementation plan for any other state to prevent significant deterioration.

Appendix B, P. 10
CHAPTER 4: PROTECTION OF VISffiILITY

Section 110(a)(2)(D)(i)(II) contains a requirement for states to prohibit emissions that interfere with plans

from other states that protect visibility. In 1980, EPA issued regulations requiring states to address

reasonably attributable visibility impairment (RAVI). EPA's guidance for section 1l0(a)(2)(D)(i) issued

on August 15,2006, states the following regarding RAVI:

"At this point in time, EPA has made no determination that emissions from any State

interfere with measures required to be included in a plan to address reasonably

attributable visibility impairment. Further, EPA is not aware of any certification of

existing reasonably attributable impairment ofvisibility by a Federal Land manager that

has not already been resolved. The EPA accordingly believes that States should be able

to make a relatively simple SIP submission verifying that no source within the State emits

pollutants that interfere with measures included in the visibility SIPs under the 1980

regulations. "

The State of Arizona promulgated a RAVI rule, effective December 2003, to address visibility

impairment from existing stationary sources. Arizona Administrative Code Sections R18-2-l60l through

R18-2-1606 require Arizona to analyze and implement control strategies where applicable should a

source be certified and found attributable for causing or contributing to visibility impairment.

Arizona Administrative Code Section R18-2-4l0 further provides protection of visibility by requiring new

major sources or sources making major modifications to complete an analysis of the anticipated impacts

on visibility to any Class I area that may be affected by the emissions from the source. Federal Land

Managers (FLMs) may also submit a visibility impact analysis for additional consideration during the

permitting process.

Regional haze regulations require all states to consider the impact of visibility impairing emissions from

sources in their state to the Class I areas of another state as well as the impact to Arizona Class I areas

from other states' sources. Consultation on the impacts is a specific requirement ofthe federal regional

haze rule; consultation involving current or projected strategies to decrease visibility impairing emissions

has already occurred with the "Transport Region States" under 40 CFR 51.309 and will continue under 40

CFR 5l.309(g). Arizona submitted a Regional Haze SIP under 40 CFR 51.309 in December 2003 for its

four Class I areas on the Colorado Plateau and will be submitting a SIP for its remaining eight Class I

areas under 40 CFR 51.309(g) in December 2009; the 2003 SIP will be updated in 2009.

Appendix B, P. 11
CHAPTER 5: CONCLUSION

Designation of areas for new or revised air quality standards under Section 107 of the Clean Air Act

requires that nonattainment areas include any area that does not meet or that contributes to ambient air

quality in a nearby area that does not meet the air quality standards. Designations for PM2.5 areas in

Arizona were based primarily on monitored ambient air quality. Using the information and conclusions

presented in this SIP submission, the Arizona Department of Environmental Quality determined that the

State ofArizona does not significantly contribute to nonattainment or interfere with maintenance of PM2.5

NAAQS in any other state. In addition, Arizona meets the PSD and protection of visibility requirements

under CAA Section 110(a)(2)(D)(i).

Appendix B, P. 12
Attachment Bl

Guidancefor State Implementation Plan (SIP) Submissions to Meet Current Outstanding Obligations

Under Section llO(a)(2)(D)(i) for the 8-Hour Ozone and PM1,5 National Ambient Air Quality

Standards, U.S. Environmental Protection Agency, August 15,2006
(This Page Intentionally Left Blank)
MEMORANDUM

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

RESEARCH TRIANGLE PARK, NC 27711

AUG 15 2006

OFFICE OF

AIR QUALITY PlANNING

AND STANDAROS

SUBJECT:

FROM:

TO:

Guidance for State Implementation Plan (SIP) Submissions to Meet Current

Outstanding Obligations Under Section 1l0(a)(2)(D)(i) for the g-Hour Ozone and

PM2.5 National Ambien1 Air Quality Standards

William T, Harnett, Director fl/4-;; Air Quality Poli~y Division, OAQPS (C539-0l)

Regional Air Division Director, Regions I-X

The purpose ofthis memorandwn is to provide guidance concerning the Slate

implementation plan (SIP) submissions States should make to meet their currently outstanding

obligations under section IIO(a)(2)(D)(i).

The Environmental Protection Agency (EPA) has previously indicated through

rulemaking what States affected by the Clean Air Interstate Rule (CAlR) must do concerning

emissions that significantly contrIbute to nonattainment or interfere with maintenance ofthe 8-

hour ozone or fine particulates (pM2.5) National Ambient Air Quality Standard (NAAQS) in

another State. This guidance, therefure, addresses what States that are not affected by the CAIR

should consider in meeting the "significant contribution" and "interfere with maintenance"

requirements ofsection 11O(a)(2)(D)(i), and what all States (inside or outside the CAIR region)

should consider with respect to making submissions to meet the "prevention ofsignificant

deterioration" and "protect visibility" requirements ofsection 110(a)(2)(D)(i). Because the

CAIR region differs for purposes of 8-hour ozone and PM2,5, some States may be within the

CAIR. region for purposes of one NAAQS, but not the other, and should make section

110(a)(2)(D)(i) SIP submissions that account for this distinction.

On July 18, 1997, EPA promulgated NAAQS for ozone and for fine particulate matter.

Section 110(a)(I) ofthe Clean Air Act requires States to submit new SIPs to provide for the

implementation, maintenance, and enforcement ofnew or revised NAAQS. Section 11 0(a)(2)

lists the elements that the new SIP submissions must contain. Among other things, SIPs for new

or revised NAAQS must contain adequate provisions 10 address interstate transport of air

pollution, pursuant to section 110(a)(2)(D)(i).

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F1ecycl.dlReqoelable • Pltnleodw~h Wgelablll 01 Based Inks on RSO'y-cled Paper (MIf1~um:;l!;% Poslcor\sumer)

Attachment 81, P. 1
2

Section 110(a)(I) explicitly provides that States must adopt aud submit to the EPA

Administrator uew SIP submissions within 3 years after the promulgation of a new or revised

NAAQS, meeting the provisions of 110(a)(2), as applicable. Therefore, States should have

submitted SIPs to EPA for the 8-hour ozone NAAQS and the PM2.

5 NAAQS by no later than

July2000. However, at this time.no State has submitted anew SIP. We recognize that litigation

over both the 8-hour ozone NAAQS and the PM2.5 NAAQS created substantial uncertainty as to

how to proceed. Moreover, in the case of PM2,5, additional time was needed for creation of a

monitoring network, collection oht least three years of data, and analysis ofthose data.

On April 25, 2005, EPA published an action in the Federal Register making a finding that

States had failed to make statutorily required SIP submissions for the 8-hour ozone and PM2.

S

NAAQS, The EPA explicitly lirnited this finding of failure to submit to the requirements of

section 11b(a)(2)(D)(i) pertaining to interstate transport. The finding offailure to submit action

started a 24-month clock for EPA to issue a final Federal Implementation Plan (FIP) to meet the

requirements ofsection 11O(a)(2)(D)(i), for both the a-hour ozone and PM2.5 standards, unless

EPA instead approves a State SIP submission to meet tho'se requirements in advance efthat date.

The finding offailure to submit SIPs addressing section 110(a)(2)(DXi) is the first action

required under a Consent Decree between EPA and plaintiffs who sued the Agency for failure to

take action to require the submission ofnew SIPs for the 8-hour ozone and PM2.

SNAAQS, or to

issue FIPs in lieu thereof. The EPA has also committed in the Consent Decree to take later

actions to detennine whether States have submitted the remaining SIP elements required by

section 110(a)(I) and (2) fur the 8-hour ozone and PM2.S NAAQS by no later than December 15,

2007, for ozone, and by no later than October 5, 2008, for PM2.5. The Agency intends to provide

States with additional infonnation concerning the remaining section 110(a)(I) and (2) SIP

elements, in separate regulations or guidance documents.

We emphasize that this docwnent is merely guidance and that States or EPA may elect to

follow or deviate from this guidance, as appropriate. The ultimate detennination ofwhether a

given SIP submission by a State meets the statutory requirements ofsection 11O(a)(2)(D)(i) will

be accomplished through case by case notice and comment rulemaking in which the facts and

.circumstances ofeach State submission will be evaluated by EPA. We ask that the EPA

Regional Offices work with their respective States in the development oftheir SIP submissions.

Ifyou have questions concerning this guidance, please contact Mr. Larry D. Wallace

(919) 541-0906. Please ensure that the appropriate air agency officials for the States in your

Region are made aware ofthis guidance.

Attachment Bl, P. 2
Attachment

cc: Margo Oge, OTAQ

Steve Page, OAQPS

Brian McLean, OAP

Scott Mathias, AQPD

Kevin McLean, OGe

Barbara Driscoll, AQPD

Larry Wallace, AQPD

Kimbet Scavo, AQPD

Geoffrey Wilcox, OGe

Nonn Possiel, AQAD

3

Attachment Bl, P. 3
Guidance for State Implementation Plan Submissions to Meet Current Outstanding

Obligations Under Section llO(a)(2)(D)(i) for the 8-Hour Ozone and PM2-5

Natiunal Ambient Air Quality Standards

1. Introduction:

This document provides guidance to Slates concerning State Implementation Plan (SlP)

submissions that States must make pursuant to section 11O(a)(2)(D)(i). The Environmental

Protection Agency (EPA) emphasizes that this guidance document merely provides suggestions

and that Slates or EPA may elect to follow or deviate from this guidance,. as appropriate. The

ultimate determination ofwhether a given SIP submission by a State meets the requirements of

section 110(a)(2)(O)(i) will be accomplished by area specific notice and comment rulemaking in

which-the facts and circumstances ofeach State submission will be evaluated by EPA. Sections

IIO(a)(I) and (2) ofthe Clean Air Act (eAA), require States to submit SIPs that implement,

maintain, and enforce a new or revised national ambient air quality standard (NAAQS) within 3

years following the promulgation ofthe standard.

In July 1997, EPA issued the 8-hour ozene and PM2,5 NAAQS. States were thus required

to submit SIPs that satisfy the applicable CAA requirements under section 110(a)(1) and (2) fur

these NAAQS by July 2000. Among the SIP elements identified in section 11O(a)(2) is the

requirement to address interstate transport ofpollutants pursuant to section 110(a)(2)(D)(i}. The

EPA has detennined that section 110(a)(2)(D)(i) is among the SIP requirements with which

States must comply in accordance with the schedule ofseelion 1I0(a)(l).!

On April 25, 2005, EPA notified States of their failure to make the reqnired SIP

submission addressing interstate transport ofpollutants related to ozone and PM" in downwind

States.'

Pursuant to section 11O(c), EPA's April 25, 2005 finding offailure to submit started a

24,month clock for EPA to issue a final Federal Implementation Plan (FIP) to address the

requirements ofsection 110(a)(2)(D}(i), unless a State makes the required submission and EPA

approves such submission within tb.at 24-month period. The 24-month FIP clock began on

l~ uRule to Reduce Interstate Transport afFine Particutate Matter and Ozone

(Clean Air Interstate Rule); Revisions to Acid Rain Program; Revisions to the NO, SlP

Call; Final Rule," 70 FR 25,162 at 25,263-69 (May 12, 2005).

2~ "Finding ofFailure to Submit Section 110 State Implementation Plans for

Interstate Transport for the National Ambient Air Quality Standards for 8-Hour Ozone

and PM 2.5," 70 FR 21,147 (April 25, 2005).

Attachment B 1, P. 4
May 25,2005, the effective date ofthe finding offailure to submit, and will end on May 25,

2007.

The EPA's finding offaiIure to submit SIPs that address section 110(a)(2)(D)(i) is the

first action required under a Consent Decree. 1 Under the Consent Decree, EPA is also obligated

to make later determinations as to whether States have made the required SIP submissions to

meet the remaining applicable requirements ofsection 110(a)(I) and (2). The EPA is obligated

to make these laterdetetminations by December 15,2007, for SIP submissions for the 8-hour

ozone NAAQS, and by October 5, 2008, for SIP submissions pertaining to the PM2.

5 NAAQS.

The EPA believes that Section 110(a)(2)(D)(i) provides an important tool for attainment

and maintenance ofthe NAAQS by addressing the problem ofinterstate transport of air

pollutants. This provision applies to each pollutant covered by a NAAQS and 10 all areas of each

State regardless ofthe attainment ornonattainment designation ofsuch areas. Section

110(a)(2)(D)(i) specifically provides that each State's SIP must contain adequate provisions to

prohibit air pollutant emissions from within the State that significantly contribute to

nonattainment oftheNAAQS, or that interfere with maintenance ofthe NAAQS, in any other

State. In addition, this section requires that each State's SIP must contain adequate provisions to

prohibit emissions ofair pollutants within the State that interfere with measures required to

prevent significant deterioration of air quality or to protect visibility in any other Slate.

The EPA intends to provide additional infonnation to States concerning the remaining

. section 110(a)(I) and (2) SIP elements, either in regulations implementing the 8-hour ozone or

PM25 NAAQS, or in later guidance documents.

2. What is required under section llO(a){2)(D)(i):

Section 1IO(a)(l) requires States to make a SIP submission for a new or revised NAAQS

within 3 years ofpromulgation ofsuch new or revised NAAQS.

Section 110(a)(2) lists the elements those SIPs must contain. For example, this section

lists certain SIP infrastructure elements refated to the new or revised standards such as

requirements for provisions pertaining to modeling, monitoring, and emissions inventories that

are designed to assure attainment and maintenance ofthe standards. An important SIP element

'The Consent Decree is between Environmental Defense and American Lung

AssociatioD, as plaintiffs, and EPA, as defendant, signed March 10, 2005. The Consent

Decree resolved the case entitled "Environmental Defense, et al. v. Johnson," No.

1:OSCV00493(D.D.C.). EPA gave notice of, and took comment on, the proposed consent

decree in accordance with CAA section I 13(g). 70 FR 15,623 (March 28, 2005).

2

AttachmentBl, P. 5
listed in section 11 D(a)(2) is the requirement that States address emissions that impact other

States through interstate transport.

The "good neighbor" provisions in section 110(a)(2)(D)(i) require each State to submit a

SIP that prohibits emissions that adversely affect another State in the ways contemplated in the

statute. Section l10(a)(2)(D)(i) contains four distinct requirements related to the impacts of

interstate transport. Each St~te must submit a SIP which contains adequate provisions:

prohibiting ... any source or othcrtype of emissions activity within the State from

emitting any air pollutant in amoW1ts which will-

(l) contribute significantly to nonattairunent in. or interfere with maintenance by,

any other State with respect to any ... national primary or secondary air quality

standard, or

(11) interfere with measures required to be included in the applicable

implementation plan for any other State .... to prevent significant deterioration of

air quality or to protect visibility.

The EPA's April 25, 2005 finding offailure to submit reflected EPA's determination that

States had not yet made SIP submissions for the 8-hour ozone and PMZ5 NAAQS necessary to

meet the requirements ofsection 110(a)(2)(D)(i).

The precise nature and contents Df such a submission is not stipulated in the statute. EPA

believes that the contents ofthe SIP submission required by section 1l0(a)(2)(D)(i) may vary

depending upDn the facts and circumstances related to the specific NAAQS. In particular, the

data and analytical tools available at the time the State develops and submits a SIP for a new Dr

revised NAAQS necessarily affects 1he content ofthe required submission. In some instances,

this submission may be more detailed and substantive. as when existing data and analyses

already provide the requisite information. In other instances. the submission may be more

preliminary and simplified, as when there is currently insufficient information to support a

determination that there are interstate transport impacts, or when other later regulatory actions

are prerequisites to making suoh a determination.

The sections below provide guidance oonoerning the types ofSIP submissions!hat EPA

believes would be appropriate in response to the April 25, 2005, tinding offailure to submit.

3

Attachment Bl, P. 6
3. States subject to the Clean Air Interstate Rule:

In March of2005, EPA promulgated the Clean Air Interstate Rule (CAlR}.4 Based upon

the requirements ofsection I IO(a)(2}(D)(i), EPA determined in the CAlR that NO, emissions

from sources in 25 States and the District ofColumbia contribute significantly to nonattainment

and interfere with maintenance ofthe 8-hour ozone standard in other downwind States. The

EPA also detennined that S02 and NOxemissions from sources in 23 States and the District of

Colwnbia contribute significantly to nonattairunent and interfere with maintenance ofthe PM 2.5

standards in other downwind States. Subsequently, EPA determined that two additional States

contribute to nonattaipment and interfere with maintenance of the PM2., NAAQS.5 (See

Attachment A listing the States SUbject to the CAlR).

In the CAIR, EPA concluded that the States willmeet their section IIO(a)(2)(D)(i)

obligatinns to address the "significant contribution" and "interference with maintenance"

requirements by complying with the CAlR requirements. Consequently, States within the CAIR

region need not submit a separate SIP revision to satisfy the section I IO(a)(2)(D)(i) requirements

provided that they submit a SIP revision to satisfy CAlR.

Pursuant to section llO(a)(I), those States not within the CAIR region must also make a

submission with respect to those two requirements. Also ill accordance with the statute, all

States, both inside and outside the CAlR region must make a submission with respect to the

"prevention ofsignificant deterioration" and "protect visibility" requirements ofsection

I 10(a)(2)(D)(i). It should be noted that because the CAIR region differs for purposes of ozone

and PM2.5, some States may be inside the CAIR ~egion for purposes of one NAAQS. but outside

the CAlR region for the other, and should make section lIO(a)(2)(D)(i) SIP submissions that

accoWlt for this distinction.

Accordingly, EPA has structured this guidance to address the different types of

considerations that States may need to evaluate in making their respective submissions.

4. SIP Submissions from States pertaining to the "significant contribution" and

"interfere with maintenance" requlremen1s ofsection lIO(a)(2)(D)(i):

States not covered by the CAlR must make a section I lO(a)(2)(D)(i) SIP submission

addressing significant contribution (0 nonattainment and interference with maintenance ofthe

8-hour ozone and PM2.5 NAAQS in any other States.

'See, supra note 1.

SSee, Inclusion ofDeIaware and New Jersey in Clean Air Interstate Rule, 71 FR 25288

(April 28, 2006).

4

Attachment B1, P. 7
The EPA anticipates, based upon existing infonnation developed in connection with the

CAIR, that emissions from sources in States not covered by the CAIR do not contribute

significantly to nonattainment or interfere with maintenance ofthe 8-hour ozone or PM2.S

NAAQS in any ather State. Unless a State excluded from the CAIR has contrary information or

analysis, EPA believes that such State should be able to make a relatively simple SlP submission

verifying that the State does nat significantly contribute to nonattainment or interfere with

maintenance ofthe 8-hour ozone orPM2.S in another Stale. EPA believes that a negative

declaration from each ofthe non-CAIR Slates, which certifies that the State in question does not

significantly contribute to nonattairunent or interfere with maintenance ofthe NAAQS in another

State, shoutd be adequate to satisfy the requirements ofsection 110(a)(2)(D)(i).

States should submit a technical demonstration to support a negative dcclaration. EPA

believes that this demonstration should contain the information which the State deems

appropriate to support its claim that it does not significantly contribute to nonattainment or

interfere with maintenance ofthe standards in another State. Suitabk information might include,

but is nat be limited to, infonnation concerning emissions in the State, meteorological conditions

in the State, the distance to the nearest nonattainment area in another State, reliance on modeling

conducted by EPA in detennining that such State should not be included within the ambit ofthe

CA1R, or such other infonnation as the State considers probative an the issue ofsignificant

contribution and interference with maintenance. The EPA believes that it would be appropriate

for States to make this assessment using consideratioIlS comparable to those used by EPA in

evaluating significant contribution in the CAIR, assessing the impacts of emissionS on

nearby nonattainment areas as ofthe year 2010, and evaluating mitigation strategies based upon

emissions reductions achievable through highly cost effective controls.

:In addition, States that ate not subject to the CAlR, but are subject to the NO. SlP Call,

may wish to indicate that SIPs submitted to meet the NO, SlP Call should be sufficient to satisfy

the section IIO(a)(2)(D)(i) obligation fortbe 8-hour ozone NAAQS. EPA initially addressed

interstatc transport for ozone in the NO. SIP Call rule published in 1998.6 The NO, SlP CaU is

substantially reducing ozone transport, and is helping downwind areas meet the 8-hour ozone

standards. The EPA believes that states outside the CAIR region that are meeting the NOx SJP

Call should not significantly be contribnting to nonattainment or interferring with maintenance in

any down wind state.

The EPA will assist each State to evaluate the available information and to develop a

sufficient SIP submission and demonstration to meet this element ofsection llO(a)(2)(D)(i).

6 ''Finding of Significant Contribution and Rulemaking for Certain States in the Ozone

Transport Assessment Group Region for the Purposes ofReducing Regional Transport of

Ozone Rule, (63 FR 57356, October 27, 1998).

AttachmentBl, P. 8
EPA will take action on the SIP submissions made by States through notice and comment

rulemaking, thereby assuring that the requirements are met.

5. SIP Submissions from States pertaining to the "prevention of significant

deterioration" requirement ofsection 110(a)(2)(D)(i):

Section 110(a)(2)(D)(i)(II) also contains a requirement for all States to submit SIPs that

contain adequate provisions prohibiting".... any source or other type of emission activity within

the State from emitting any air pollutant in amounts which will - interfere with measures

required to be included in the applicable implementation plan for any other State .... to prevent

significant deterioration ofair quality ..."

Under EPA regulations, each SIP must include a preconstruction review program for

major sources to satisfy the requirements ofsection 110(a)(2}(D)(i) ofthe Act. 40 C.F.R. §

S1.16S(b)(l). In nonattainment ateas, the preconstruction review program is known as

Nonattainrnent New SourceReview (NNSR) and in attainment areas, pre<:onstruction review is

part ofthe Prevention ofSignificant Deterioration (PSD) program, These programs require

preconstruction pennits to protect the air quality within each state and also serve to prohibit

construction ofnew major sources and major modifications at existing major sources from'

contributing to nonattainment in adjacent states. The PSD pennitting program is also the

primarymeasure that each SIP must include to prevent significant deterioration ofair quality in

accordance with Title I, Part C and section llO(a)(2)(D)(i)(ll) ofthe Act. 4Q CFR § 51.166.

Section 110(a)(2)(D)(i)(ll) requires that SIPs contain adequate provisions prohibiting sources or

emissions activity within each state "from emitting any air pollutant in amounts which will -- ...

interfere with measures required to be included in the applicable implementation plan for any

other State under pilrt C ofthis subchapter to prevent significant deterioration of air quality ...."

42 U.S.c. § 74l0(a)(2)(D)(i)(II).

Because all areas are currently subject to some form ofprcconstruction pennitting

program for ozone and PM2,S, it is not necessary, at this time, for States to make a SIP

submission containing rule changes ormodeling demonstrations in order to address

section 11O(a)(2)(D)(iXll) for the B-hour ozone and PM2.S NAAQS. EPA has established or will

establish schedules for SIP submissions that incorporate revisions to EPA's preconstruction

permitting regulations that are specific to the 8-hour ozone and PM2.5 NAAQS. Areas will need

to revise their SIPs consistent with such schedules.

Each area efthe country is currently subje<:t to an equivalent PSD or NNSR permitting

program for the 8-hour ozone standard and an interim PSD or NNSRpermitting program for

PM2.5• If a particularstate SIP lacks an approved PSD program, the PSD pennitting

requirements must be implemented in that state or local area through a federal PSD program that

can be administered by the state or local permitting authority under a delegation agreement with

EPA. Where a state lacks an approved NNSR program, the state may issue NNSR pennits

6

Attachment B 1, P. 9
pursuant to an EPA regulation at 40 CFR Part 51, Appendix S. [fsuch a state lacks authority to

issue pe1TI1its cemsistent with appendix S, EPA is the pe1TI1itting authority.

In April 2004 and November 2005, EPA promulgated regulations in two phases that

addressed (among other topics) the implementation of the PSD and NNSR programs under the

8-hour ozone NAAQS. See 69 FR 23951 (Apr. 30, 2004); 70 Fed. Reg. 71612 (Nov. 29, 2005).

The first phase ofthese ruLes requires implementation ofNNSR in accordance with an area's 8-

hour ozone classification after revocation ofthe I-hour ozone NAAQS. See 69 FR at 23985.

The EPA revoked the I-hour ozone NAAQS on June 15, 2005. Thus, new and modified major

sources ofvolatile organic compoWld and NO. are currently subject to NNSR based on the

designation and classification ofthe area in which they are located under the 8-hoU! ozone

NAAQS. In an 8-hour ozone nonattainment area that currently has no approved nonattainment

plan or otherwise lacks authority to implement nonattainment NSR for the 8-hoU! ozone NAAQS

through a SIP-approved pennitting program, permits for new and modified major stationary

soUIces in such areas must be consistent with the requirements in appendix S of40 CPR. Part 51.

lEPA delennined that states did not need to submit any revisions oftheir existing PSD programs

to implement of the 8-hoU! ozone NAAQS, hut the Agency simultaneously promulgated new

rules to establish NOx as a precursor for ozone under the PSD program. 68 FR. 32802,

32843-44 (Jun. 2, 2003); 70 FR at 71679. The EPA established June 15,2007 as the deadline for

states to provide SIP submissions that incorporate the requirements ofthe phase II ozone

implementation rule into their PSDand NNSR programs. See 70 FR at 71683.

For PM2.5, EPA has recommended that states employ an interim PM2.5 program that

involves implementing existing PSD and NNSR progr.uns for PMlD as a surrogate for the PM2.5

requirements until the necessary tools are in place for states to adopt PSD and NNSR programs

for PM2.S. See, Memorandum from John Seitz, EPA OAQPS, "Interim Implementation for the

New Source Review Requirements for PM2.5," (October 23, 1997); Memorandum from Steve

Page, EPA OAQPS, "Implementation ofNew Source Review Requirements in PM2.5

Nonattainment Areas." (AprilS, 2005). In November 2005, EPA has proposed regulations that

establish the minimum requirements for PSD and NNSR programs for PMZ5, 70 FR 65984,

66033 (Nov. I, 2005), but the Agency has not promulgated final regulations on this subject.

States are not required to submit PSD and NNSR program SIPs for PMz.' Wltil EPA completes

these regulations and finalizes the submission schedule, which we have proposed to be April 5,

2008. Until the submission date is established in EPA's final PMzs implementation rule for

NSR, states may continue to implement interim programs based on PMIO and need not provide

PSD or NNSR program submissions containing rule changes for PM2.5.

The air quality demonstrations required for issuance of a PSD and NNSR permit must be

made for all areas that are potentially impacted by the emissions from a proposed source or

modification requiring a pe1TI1it. As Ii result, the implementation of a PSD and NNSR permitting

program in each state serves to prevent significant deterioration in neighboring states and thus

largely satisfies the requirements ofsection 110(a)(2)(D)(i)(ll) ofthe eAA. A PSD permit may

not be issued unless the new or modified source demonstrates that emissions from the

7

Attachment B 1, P. 10
construction or operation of the facility will not cause or contribute to air pollution in any area

that exceeds ofany NAAQS or any maximum allowable increaSe (known as the PSD increment).

42 U.S.C. § 7475(a)(3); 40 CFR § 51.166(k). A NNSR pennit may not be issued unless the new

or modified source shows it has obtained sufficient emissions reductions to offset increases in

emissions ofthe pollutants for which an area is in nonattainment, consistent with reasonable

further program toward attainment. These offsetting reductions. could also help serve to prevent

significant deterioration in any instance where the emissions of a nonattainment pollutant from a

source in a nonattainment area would impact a nearby attainment area for that pollutant.

In addition to PSD permitting program, a SIP may include additional measures as

necessary to prevent air pollution in excess ofthe PSD incrernentthat defines significant

deterioration for each area. 40 CFR § 51.166(a). The EPA has not established PSD increments

for ozone or PM2,5. Without these components ofa PSD program, it is difficult for states to

determine if additional measures are needed to prevent significant deterioration within the state.

Likewise, a neighboring state cannot determine whether its SIP would interfere with such

additional measures in another state's SIP. However, notwithstanding the absence ofPSD

increments for ozone and PM<~, states may continue to rely on their existing PSD and NNSR

permitting programs to prevent significant deterioration of air quality within their own

boundaries and in adjacent states.

Because the PSD and NNSR permitting programs currently applicable in each area

require a demonstration that new or modified sources will not cause or contribute to air pollution

in excess ofthe NAAQS in neighboring states or that sources in nonattaiument areas procure

offsets, EPA believes that states need not make an additional SIP submission containing mle

changes or modeling demonstrations to address the "prevent significant deterioration"

requirement ofsection llO(a)(2)(D)(i)(Il) for the 8-hour ozone and PM2,S NAAQS. For 8-hour

ozone, each state only needs to make a SIP submission confirming that major sources in the state,

are currently subject to PSD and NNSR permitting programs that implement the 8-hour ozone

standard and that SIP-approved states are on track to meet the June 15, 2007 deadline for SIP

submissions adopting the requirements ofthe Phase nozone implementation mle. For PM2.S,

states need only provide a SIP submission confirming that major sources in the state are subject

to PSD and NNSRpermitting programs implemented in accordance with EPA's interim

guidance calling for use ofPMlO as a surrogate for PM2> in the PSD and NNSR programs.

Additional SIP submissions will be due after the final NSR implementation rules for PM2.5 are

promulgated.

The EPA will assist each State to evaluate the available information and to develop a

sufficient SIP submission and demonstration to meet this element ofsection 11 0(a)(2)(D)(i).

The EPA will take action on the SIP submissions made by States through notice and comment

rulemaking, thereby assuring that the requirements are met.

8

Attachment B 1, P. 11
6. SIP Submissions from States pertaining to the "protect visibility" requirement of

section 110(a)(2)(D)(i):

Section 110(a)(2)(D)(i)(1I) also contains a requirement for all States to submit SIPs that

contain adequate provisions prohibiting "... any source or other type ofemission activity within

the State from emitting any air pollutant in amounts which will - interfere with measures

required to be included in the applicable implementation plan for any other State....to protect

visibility."

The EPA adopted a phased approach to visibiiityprotection, issuing regulations in 1980

to address reasonably atlributable visibility impairment, i.e., visibility impairment that is caused

by the emissions of air pollutants from one, or a small number ofsources, and issuing regulations

in 1999 to address regional haze, i.e., "visibility impairment that is caused by the emission of air

pollutants from numerous sources located over a wide geographic area.,,7 Under the 1980

regulations, 33 States and the Virgin Islands were required to submit SIPs to address reasonably

atlributable visibility impairment. At this point in time, EPA has made no determination that

emissions from any State interfere with measures required to be included in a plan to address

reasonably atlributable visibility impainnent. Further, EPA is not aware ofany certification of

existing reasonably attributable impairment ofvisibility by a Federal Land Manager that has not

already been resolved. The EPA accordingly believes that States should be able to make a

relatively simple SIP submission verifying that no source within the Slate emits pollutants that

interfere with measUres included in the visibility SIPs under the 1980 regulations.

In 1999, EPA found that all States contain sources whose emissions are reasonably

anticipated to contribute to regional haze in one or more Class I areas.S Pursuant to this finding,

States are currently under an obligation to submit SIPs that contain measures to address regional

haze, including a long-term strategy to address visibility impairment for each Class I area which

may be affected by emissions from a Slate.9 The States and Regional Planning Organizations are

currently engaged in the task ofidentifying those Class I areas impacted by each State's

emissions and developing strategies for addressing regional haze to be included in the States'

regional haze SIPs. These SIP submissions are due no later than December 17,2007.

As a result, EPA believes that it is currently premature to determine whether or not State

SIPs for 8-hour ozone or PM2.5 contain adequate provisions to prohibit emissions that interfere

with measures in other States' SIPs designed to address regional haze. Accordingly, EPA

believes that States may make a simple SIP submission confmning that it is not possible at this

time to assess whether there is any interference with measures in the applicable SIP for another

1 See, 40 eFR section 51.300-308.

SSee, "Regional Haze Regulations," 64 FR 35,714,35,721 (July I, 1999).

'40 CFR 51.308{d)(3).

9

Attachment B1, P. 12
State designed to "protect visibility" for the 8-hour ozone and PMz.5 NAAQS until regional haze

SIPs are IlUbmitted and approved.

The EPA will assist each State to evaluate the available information and to develop a

sufficient SIP submission and demonstration to meet this element ofsection 11 O(a)(2)(D)(i).

EPA will take action on the SIP submissions made by States through notice and conunent

rulemaking, thereby assuring that the requirements are met. .

7. When should States make section 110(a)(2)(D)(i) SIP submissions?

The EPA made the finding offailure 10 submit in April of 2005, with an effective date of

May 25, 2005. As a result ofthe finding offailure 10 submit, the eAA imposes a 24-month

clock for EPA to issue a FIP, unless a State has made the required submission to cure the failure

to submit and EPA has acted to approve such submission fully in advance· ofthe end ofthe

24-month period.

In coJ1junction with the CAIR, EPA has promulgated a FIP for all jurisdictions in the

CAIR region to provide a federal backstop to insure timely and effective reductions ofemissions

from thoseStates in accordance with section 110(a)(2)(D}(i)(I). The EPA has not, however,

promulgated a FIP addressing section 11O(a)(2)(D)(i) for any States outside ofthe.CAIR region.

States outside the CAIR region must therefore make submissions to meet the significant

contribution and interference with maintenance requirements ofsection 11O(a)(2)(D)(i)(I) to

avoid a FIP addressing those requirements. In addition, all States havc an outstanding statutory

obligation to make a SIP submission to meet lhe requirements ofseclion 11O(a)(2)(D)(i)(II) in

avoid a PIP for those requirements.

The EPA is currently under an obligation 10 iSllUe a PIP by May 25, 2007, for any State

that does not make a submission that cures the outstanding elements ofsection llO(a)(2)(D)(i)

for that State. Unless the State makes lhe necessary SIP submission sufficiently in advance of

that date for EPA to evaluate lhe submission and to take the necessary rulemaking action to

approve or disapprove it, EPA may need to initiate the FIP rulemaking process in order to meet

the May 2007 FIP deadline. For this reason, EPA believes that it would be appropriate for each

State 10 make the SIP submission necessary to meet its outstanding obligations under

section 110(a)(2)(D)(i) well in advance ofthe May 25, 2007 PIP deadline. The EPA therefore

suggests that States should make their SIP submission by no later than November 25,2006, in

order to allow adequate time for the necessary Agency action on the submission.

The EPA recognizes that this target SIP submission date is only 18 months after the

effective date oflhe finding offailure 10 submit•. and that the Agency is issuing this guidance

concerning the necessary SIP submissions only shortly in advance ofthe target date. As a result,

EPA intends to be as flexible as possible with respect to the target SIP submission date and will

work wilh States to insure that they can make appropriate SIP submissions as close to

10

Attachment Bl, P. 13
November 25,2006, as possible. However, in the event ofsubmissions significantly later than

this date, EPA may need to initiate the Fll' process to meet its own statutory obligations to

implement FIPs where States fail to submit SIPs that the Agency can approve in advance ofthe

May 25, 2007 Fll' deadline.

11

AttachmentBl, P. 14
Attachment A: States subject to the CAlR

Alabama Mississippi

Arkansas (ozone only) Missouri

Connecticut (ozone only) New York

Florida New Jersey

Delaware North Carolina

Georgia (PM 2.5 Duly) Oblo

Illinois Pennsylvania

Indiana South Carolina

Iowa Tennessee

Kentucky Texas (PM 2.5 only)

Louisiana Virginia

Maryland West Virginia

Massachusetts (ozone only) Wisconsin

Michigan District ofColumbia

Minnesota (pM 2.5 only)

12

Attachment B 1, P. 15
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Attachment B2

Arizona Nitrogen Oxides, PM2.5, and

Sulfur Dioxide Emissions Inventories
(This Page Intentionally Left Blank)
Apache 3 11,216 26,345 20,724 3,613

Cochise 8 6,215 16,271 3,778 2,806

Coconino 1 18,608 46,080 4,583 5,519

Gila II 4,752 1,661 18,601 1,345

Graham 12 4,630 997 54 824

Greenlee 14 1,837 432 78 1,634

LaPaz 13 4,518 3,003 142 531

Maricopa 5 9,222 108,088 5,176 13,520

Mohave 2 13,479 13,013 743 2,369

Navajo* 4 9,949 30,808 29,026 81,976

Pima 6 9,184 30,674 6,318 6,953

Pinal 10 5,371 12,493 721 4,919

Santa Cruz 15 1,236 1,702 211 1,879

Yavapai 7 8,125 12,656 1,431 3,248

Yuma 9 5,522 9,262 553 1,726

22,138,

Source: U.S. Environmental Protection Agency, National Emission Inventory (NEI) databases for 2005

* In 2002, the Rodeo-Chediski wildfire, the largest forest fire recorded in Arizona's history, burned more

than 467,000 acres of woodland across east-central Arizona (most of the acres burned were in Navajo

County, with some damage occurring in contiguous Coconino, Apache, and Gila Counties). The effect of

this extraordinary event is evidenced by its impact on the Navajo County emission inventory. In 2002

forest fires comprised more than 94 percent of the entire primary PM2.5 inventory for Navajo County

(77,388 tons ofthe 82,062 tons Navajo County total were attributed to wildfire emissions in 2002). While

the 2002 NEI emission estimates were based on spatially and temporally detailed wildfire data, the 2005

inventory is based on growth factor assumptions applied to the 2002 data set. Consequently, elevated

2005 PM2.

5 emission estimates for Navajo County are likely the result of the projection of extreme

emissions levels due to one-time wildfire in 2002 (77,388 tons of the 81,976 tons Navajo County total

were attributed to wildfrre emissions for 2005). Elevated 2005 emissions estimates for NOx and sax are

also likely impacted by the projection of 2002 "extreme frre" inventories.

Attaclunent B2, P. 1
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Attachment B3

Ambient Air Quality Data
(This Page Intentionally Left Blank)
Table B3~1: 2006 to 2008 24-Hour

Average PMJ.5 Compliance (in jig/m3

,

local conditions)

NAAQS: The three-year average of

the 98th percentile values is less than

or equal to 35 jig/m3

•

Note: The three-year average is

rounded to the nearest 1 pg/m3for

comparison to the standard.

2006 to 2008 PM25 24-Hour ,t\.verage NAAQS

Compliance Values, By County

County Sites with Exceedances Sites in

2006 2007 2008 Violation

Cochise 0 0 0 0

Coconino 0 0 0 0

Gila 0 0 0 0

Maricopa I 0 0 0

Pima 0 0 0 0

Pinal I I I I

SantaCruz I 0 0 I

Summary: 12 of14 federal reference monitors in compliance

•• The 98th percentile value will be the second highest value for sites on an every 6th day sample schedule. The

98th rercentile value will be the 3rd highest value for sites on an every 3rd day sample schedule.

Samples collected every day - 365 sample days in non leap years

2 Samples collected every sixth day - 61 sample days in non leap years.

3 Samples collected every third day - 122 sample days in non leap years.

Attachment B3, P. 1
Table B3-3: 2006 w 2008 Annual

Average Piths Compliance (in

pg/m3

, local conditions)

NAAQS: The three-year average of

annual means is less than or equal to

15 pg/m3

2006 to 2008 PI\hs Annual Average NAAQS

Compliance Values, Bv County

County Sites with Exceedances Sites in

2006 2007 2008 Violation

Cochise 0 0 0 0

Coconino 0 0 0 0

Gila 0 0 0 0

Maricopa 0 0 0 0

Pima 0 0 0 0

Pinal I I I I

SantaCruz I 0 0 0

Summary: 13 of14 federal reference monitors in compliance

Attachment B3, P. 2
Appendix C

Arizona Revised Statutes

§49~455. Permit administration fund (except Section §49-455(B)(1))

and

Title 38, Chapter 3, Article 8, Conflict of Interest of Officers and Employees
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49~455. Permit administration fund

A. A permit administration fund is established consisting offees and interest collected pursuant to this article. The

director shall administer the fund subj ect to annual legislative appropriation. On notice from the director, the state

treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from

investment shall be credited to the fund. Monies in the fund are exempt from the provisions ofsection 35-190

relating to lapsing of appropriations.

B. Monies in the fund collected pursuant to sections 49-426 and 49-426.01 shall be used for the following:

1. [ADEQ is not submitting Section §49-455(B)(1) for inclusion in the SIP] In the case of fees collected pursuant to

section 49-426, subsection E, paragraph 1, all reasonable direct and indirect costs required to develop and administer

the permit program requirements oftitle V ofthe clean air act.

2. In the case of other fees, administering permits or revisions issued pursuant to section 49-426 or 49-426.01 or

conducting inspections.

C. No more than five per cent ofthe monies in the fund may be used for the collection ofmonies, unless otherwise

provided under title V ofthe clean air act.

D. No more than five per cent ofthe monies in the fund may be used for general administration ofthe fund unless

otherwise provided nnder title V ofthe clean air act.

38-501. Application of article

A. This article shall apply to all public officers and employees ofincorporated cities or towns, of political

subdivisions and ofthe state and any of its departments, commissions, agencies, bodies or boards.

B. Notwithstanding the provisions of any other law, or the provisions of any charter or ordinance of any

incorporated city or town to the contrary, the provisions ofthis article shall be exclusively applicable to all officers

and employees of every incorporated city or town or political subdivision or the state and any of its departments,

commissions, agencies, bodies or boards and shall supersede the provisions of any other such law, charter provision

or ordinance.

C. Other prohibitions in the state statutes against any specific conflict of interests shall be in addition to this article if

consistent with the intent and provisions oftbis article.

38-502. Definitions

In this article, unless the context otherwise requires:

1. "Compensation" means money, a tangible thing of value or a fmancial benefit.

2. "Employee" means all persons who are not public officers and who are employed on a full-time, part-time or

contract basis by an incorporated city or town, a political subdivision or the state or any ofits departments,

commissions, agencies, bodies or boards for remuneration.

3. "Make known" means the filing of a paper which is signed by a public officer or employee and which fully

discloses a substantial interest or the filing of a copy ofthe official minutes of a public agency which fully discloses

a substantial interest. The filing shall be in the special file established pursuant to section 38-509.

4. "Official records" means the minutes or papers, records and documents maintained by a public agency for the

specific purpose ofreceiving disclosures ofsubstantial interests required to be made known by this article.

5. "Political subdivision" means all political subdivisions ofthe state and county, including all school districts.

6. "Public agency" means:

(a) All courts.

(b) Any department, agency, board, commission, institution, instrumentality or legislative or administrative body of

the state, a county, an incorporated town or city and any other political subdivision.

(c) The state, county and incorporated cities or towns and any other political subdivisions.

Appendix C, P. 1
7. "Public competitive bidding" means the method of purchasing defined in title 41, chapter 4, article 3, or

procedures substantially equivalent to such method of purchasing, or as provided by local charter or ordinance.

S. "Public officer" means all elected and appointed officers of a public agency established by charter, ordinance,

resolution, state constitution or statute.

9. "Relative" means the spouse, child, child's child, parent, grandparent, brother or sister of the whole or half blood

and their spouses and the parent, brother, sister or child of a spouse.

10. "Remote interest" means:

(a) That of a nonsalaried officer of a nonprofit corporation.

(b) That of a landlord or tenant ofthe contracting party.

(c) That ofan attorney of a contracting party.

(d) That of a member of a nonprofit cooperative marketing association.

(e) The ownership ofless than three per cent ofthe shares of a corporation for profit, prOVided the total annual

income from dividends, including the value ofstock dividends, from the corporation does not exceed five per cent of

the total annual income ofsuch officer or employee and any other payments made to him by the corporation do not

exceed five per cent of his total annual income.

(f) That of a public officer or employee in being reimbursed for his actual and necessary expenses incurred in the

performance of official duty.

(g) That of a recipient of public services generally provided by the incorporated city or town, political subdivision or

state department, commission, agency, body or board ofwhich he is a public officer or employee, on the same terms

and conditions as ifhe were not an officer or employee.

(h) That of a public school board member when the relative involved is not a dependent, as defined in section 43-

100I, or a spouse.

(i) That of a public officer or employee, or that of a relative of a public officer or employee, unless the contract or

decision involved would confer a direct economic benefit or detriment upon the officer, employee or his relative, of

any ofthe following:

(i) Another political subdivision.

(ii) A public agency of another political subdivision.

(iii) A public agency except ifit is the same governmental entity.

(j) That of a member of a trade, business, occupation, profession or class of persons consisting of at least ten

members which is no greater than the interest ofthe other members ofthat trade, business, occupation, profession or

class of persons.

II. "Substantial interest" means any pecuniary or proprietary interest, either direct or indirect, other than a remote

interest.

38-503. Conflict of interest; exemptions; employment prohibition

A. Any public officer or employee of a public agency who has, or whose relative has, a substantial interest in any

contract, sale, purchase or service to such public agency shall make known that interest in the official records of

such public agency and shall refrain from voting upon or otherwise participating in any manner as an officer or

employee in such contract, sale or purchase.

B. Any public officer or employee who has, or whose relative has, a substantial interest in any decision of a public

agency shall make known such interest in the official records ofsuch public agency and shall refrain from

participating in any manner as an officer or employee in such decision.

C. Notwithstanding the provisions ofsubsections A and B ofthis section, no public officer or employee ofa public

agency shall supply to such public agency any equipment, material, supplies or services, unless pursuant to an award

or contract let after public competitive bidding, except that:

Appendix C, P. 2
L A school district governing board may purchase, as provided in sections 15-213 and 15-323, supplies, materials

and equipment from a school board member.

2. Political subdivisions other than school districts may purchase through their governing bodies, without using

public competitive bidding procedures, supplies, materials and equipment not exceeding three hundred dollars in

cost in any single transaction, not to exceed a total of one thousand dollars annually, from a member ofthe

governing body ifthe policy for such purchases is approved annually.

D. Notwithstanding subsections A and B ofthis section and as provided in sections 15-421 and 15-1441, the

governing board of a school district or a community college district may not employ a person who is a member of

the governing board or who is the spouse of a member ofthe governing board.

38-504. Prohibited acts

A. A public officer or employee shall not represent another person for compensation before a public agency by

which the officer or employee is or was employed within the preceding twelve months or on which the officer or

employee serves or served within the preceding twelve months concerning any matter with which the officer or

employee was directly concerned and in which the officer or employee personally participated during the officer's or

employee's employment or service by a substantial and material exercise of administrative discretion.

B. During the period of a public officer's or employee's employment or service and for two years thereafter, a public

officer or employee shall not disclose or use for the officer's or employee's personal profit, without appropriate

authorization, any information acquired by the officer or employee in the course ofthe officer's or employee's

official duties which has been clearly designated to the officer or employee as confidential when such confidential

designation is warranted because ofthe status ofthe proceedings or the circumstances under which the information

was received and preserving its confidentiality is necessary for the proper conduct of government business. A public

officer or employee shall not disclose or use, without appropriate authorization, any information that is acquired by

the officer or employee in the course ofthe officer's or employee's official duties and that is declared confidential by

law.

C. A public officer or employee shall not use or attempt to use the officer's or employee's official position to secure

any valuable thing or valuable benefit for the officer or employee that would not ordinarily accrue to the officer or

employee in the performance ofthe officer's or employee's official duties ifthe thing or benefit is ofsuch character

as to manifest a substantial and improper influence on the officer or employee with respect to the officer's or

employee's duties.

38-505. Additional income prohibited for services

A. No public officer or employee may receive or agree to receive directly or indirectly compensation other than as

provided by law for any service rendered or to be rendered by him personally in any case, proceeding, application,

or other matter which is pending before the public agency of which he is a public officer or employee.

B. This section shall not be construed to prohibit the performance ofministerial functions including, but not limited

to, the filing, or amendment oftax returns, applications for permits and licenses, incorporation papers, and other

documents.

38-506. Remedies

A. In addition to any other remedies provided by law, any contract entered into by a public agency in violation of

this article is voidable at the instance ofthe public agency.

B. Any person affected by a decision of a public agency may commence a civil suit in the superior court for the

purpose of enforcing the civil provisions ofthis article. The court may order such equitable relief as it deems

appropriate in the circumstances including the remedies provided in this section.

Appendix C, P. 3
C. The court may in its discretion order payment of costs, including reasonable attorney's fees, to the prevailing

party in an action brought under subsection B.

38-507. Opinions of the attorney general, county attorneys, city or town attorneys and house and senate ethics

committee

Requests for opinions from either the attorney general, a county attorney, a city or town attorney, the senate ethics

committee or the house ofrepresentatives ethics committee concerning violations ofthis article shall be confidential,

but the fmal opinions shall be a matter of public record. The county attorneys shall file opinions with the county

recorder, the city or town attorneys shall file opinions with the city or town clerk, the senate ethics committee shall

file opinions with the senate secretary and the house ofrepresentatives ethics committee shall file opinions with the

chief clerk ofthe house ofrepresentatives.

38-508. Authority of public officers and employees to act

A. Ifthe provisions ofsection 38-503 prevent an appointed public officer or a public employee from acting as

required by law in his official capacity, such public officer or employee shall notify his superior authority ofthe

conflicting interest. The superior authority may empower another to act or such authority may act in the capacity of

the public officer or employee on the conflicting matter.

B. Ifthe provisions ofsection 38-503 prevent a public agency from acting as required by law in its official capacity,

such action shaii not be prevented ifmembers ofthe agency who have apparent conflicts make known their

substantial interests in the official records oftheir public agency.

38-509. Filing of disclosures

Every political subdivision and public agency subject to this article shall maintain for public inspection in a special

file all documents necessary to memorialize all disclosures of substantial interest made known pursuant to this

article.

38-510, Penalties

A. A person who:

1. IntentionaIly or knowingly violates any provision ofsections 38-503 through 38-505 is guilty of a class 6 felony.

2. Recklessly or negligently violates any provision ofsections 38-503 through 38-505 is guilty of a class I

misdemeanor.

B. A person found guilty of an offense described in subsection A ofthis section shall forfeit his public office or

employment if any.

C. It is no defense to a prosecution for a violation ofsections 38-503 through 38-505 that the public officer or

employee to whom a benefit is offered, conferred or agreed to be conferred was not qualified or authorized to act in

the desired way.

D. It is a defense to a prosecution for a violation ofsections 38-503 through 38-505 that the interest charged to be

substantial was a remote interest.

38-511. Cancellation of political subdivision and state contracts; definition

A. The state, its political subdivisions or any department or agency of either may, within three years after its

execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or

any ofthe departments or agencies of either if any person significantly involved in initiating, negotiating, securing,

drafting or creating the contract on behalf ofthe state, its political subdivisions or any ofthe departments or agencies

of either is, at any time while the contract or any extension ofthe contract is in effect, an employee or agent of any

Appendix C, P. 4
other party to the cOntract in any capacity or a consultant to any other party ofthe contract with respect to the

subject matter ofthe contract.

B. Leases of state trust land for tenns longer than ten years cancelled under this section shall respect those rights

given to mortgagees ofthe lessee by section 37-289 and other lawful provisions ofthe lease.

C. The cancellation under this section by the state or its political subdivisions shall be effective when written notice

from the governor or the chief executive officer or governing body ofthe political subdivision is received by all

other parties to the contract unless the notice specifies a later time.

D. The cancellation under this section by any department or agency ofthe state or its political subdivisions shall be

effective when written notice from such party is received by all other parties to the contract unless the notice

specifies a later time.

E. In addition to the right to cancel a contract as provided in subsection A ofthis section, the state, its political

subdivisions or any department or agency of either may recoup any fee or commission paid or due to any person

significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf ofthe state, its

political subdivisions or any department or agency of either from any other party to the contract arising as the result

ofthe contract.

F. Notice of this section shall be included in every contract to which the state, its political subdivisions, or any ofthe

departments or agencies of either is a party.

G. For purposes ofthis section, "political subdivisions" do not include entities fonned or operating under title 48,

chapter 11,12,13,17,18, 190r22.

Appendix C, P. 5
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Appendix D

State Implementation Plan Revision Public Comment and Hearing Documentation
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Appendix D,l

Notice of Public Hearing
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AFFIDAVIT OF PUBLICAnON

ADE

AIR QUAlm SHill

09 AUG 21, i " n

THE ARIZONA REPUBLIC

STATE OF ARIZONA }

COUNTY OF MARICOPA 55.

Mark Gilmore, being first duly sworn, upon oalh deposes

and says: That he is a legal advertising representative of the

Arizona Business Gazene, a newspaper of general

circulation in the county of Maricopa, State of Arizona,

published at Phoenix, Arizona, by Phoenix Newspapers

Inc., which also publishes The Arizona Republic, and that

the copy hereto attached is a true copy of the advertisement

published in the said paper on the dates as indicated.

The Arizona Republi.

August 17, 2009.

Sworn to before me this

18TH day of

August A.D. 2009

Appendix D1, P. 1
AFFIDAvIr OF PUBLICA nON

THE ARIZONA REPUBLIC

STATE OF ARIZONA }

COUNTY OF MARICOPA SS.

Mark Gilmore, being firs! duly swom, upon oath deposes

and says: That he is a legal advertising representative of the

Arizona Business Gazette, a newspaper of general

circulation in Ihe county of Maricopa, State of Arizona,

published at Phoenix, Arizona, by Phoenix Newspapers

Inc., which also publishes The Arizona Republic, and thaI

the copy hereto attached is a true copy of the adveliisement

published in the said paper on the dates as indicated.

The Arizona Republic

August 20, 2009.

Sworn to before me thiS

20 TH day of

August A.D. 2009

MCllnvn GreenwoocJ N6klry PubHc::

Morteopo CO\.lnt\!, JWono

tir( Comm. Expllll;l$ 05·2:i-11

AppendixDl, P. 2
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY (ADEQ)

PUBLIC HEARING

ON THE ARIZONA STATE IMPLEMENTATION PLAN (SIP) REVISION UNDER CLEAN

AIR ACT SECTION II D(a)(I) and (2):

ADEQ will hold a public hearing to receive comments 011 a proposed SIP Revision for Clean Air

Act (CAA) Section 110(a)(1) and (2)(A) through (M) for the 2006 PM2.5 National Ambient Air

Quality Standards (NAAQS) and the 1997 PM2.5 and 8-hour Ozone NAAQS. 'This revision will

demonstrate State provision for implementation, maintenance, and enforcement of such

standards, including provisions for monitoring, emissions inventories, and modeling designed to

assure attainment and maintenance ofthe NAAQS.

A public hearing on the SIP Revision will be held on Wednesday, September 16,2009, at 4:30

p,m., at the Arizona Department of Envirorunental Quality, Room 145, 1110 West Washington

Street, Phoenix, AZ 85007. All interested parties will be given an opportunity at the public

hearing to submit relevant comments, data, and views, orally and in writing. The public comment

period for this SIP Revision will end at the conclusion of the public hearing or 6:00 p.m. on

September 16, 2009, whichever is later.

All written comments should be addressed, faxed, or e-malled to:

John J. Englander

Air Quality Planning Section

Arizona Department of Envirorunental Quality

1110 W. Washington St.

Phoenix, AZ 85007

PHONE: (602) 771-4781

FAX: (602) 771-2366

E-Mail: englander.john@azdeq,gov

A copy of the proposal is available for review on the ADEQ web site Events and Notices

Calendar at the following Web address http://www,azdeq.gov/cgi-binlvertical.pl or at the

following locations: .

ADEQ Library

1110 W. Washington St

Phoenix, AZ 85007

Attn: Lori Cona, (602) 771-2217

First Floor

Appendix D1, P. 3
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Appe!1di~ D,2

Public Hearing Agenda
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Public Hearing Agenda

AIR QUALITY DIVISION

PUBLIC HEARING ON THE PROPOSED ARIZONAAIR QUALITY

STATE IMPLEMENTATION PLAN (SIP) REVISION UNDER

CLEAN AIR ACT SECTION 110(a)(1) AND (2):

2006 PMLS NATIONAL AMBIENT AIR QUALITY STANDARDS,

1997 PM,.. NATIONALAMBIENT AIR QUALITY STAI'\'l>ARDS, AND

1997 8-IIOUR OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS

PLEASE NOTE THE MEETlNG LOCATION AND TIME:

ADEQ Building, HearingRoom 145

III0 West Washington Street, Phoenix. AZ 85007

Wednesday, August 26, 2009, 4:30 pm

Pursuant to 40 CFR § 51.102 notice is hereby given tbat tbe above referenced meeting is open to

tbepublic.

I. Welcome and Introductions

2. Purposes ofthe Oral Proceeding

3. Procedure for Making Public Comment

4. Brief Overview ofthe proposed SIP revision

5. Question and Answer Period

6. Oral Comment Period

7. Adjournment of Oral Proceeding

Copies of the proposal are available for review at the Arizona Department of Envirorunental Quality

(ADEQ) Library, 1110 W. Washington St., Phoenix, Arizona. For additional infonnation regarding the

hearing please call John Englander, ADEQ Air Quality Division, at (602) 771-4781 or toll-free at 1-800-

234-5677, Ext. 771-4781.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter,

by contacting Dan Flukas at (602) 771-4795 or ]-800·234·5677, Ext. 771-4795. Requests should be made

as early as possible to allow sufficient time to make the arrangements for the accommodation. This

document is available in alternative fonnats by contacting ADEQ TDD phone number at (602) 771-4829.

Printed on recycled paper

Appendix D2, P. 1
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Appendix D.3

Public Hearing Sign In Sheet
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NAME FAX E~MAIL

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ORGANIZATION PHONE

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Appendix D.4

Public Hearing Officer Certification and Transcript
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Air Quality Division

Public Hearing Presiding Officer Certification

I, Eric Massey, the designated Presiding Officer, do hereby certify that the public hearing held by

the Arizona Department of Environmental Quality was conducted on September 16, 2009, at the

Arizona Department of Environmental Quality Building, Room 145, 1110 West Washington

Street, Phoenix, A2 85007, in accordance with public notice requirements by publication in the

Arizona Republic and other locations beginning August 17, 2009. Furthermore, I do hereby

certify that the public hearing was recorded from the opening of the public record through

concluding remarks and adjournment, and the transcript provided contains a full, true, and

correct record ofthe above-referenced public hearing.

Dated thisLL day of ~~ ,;2IJ c) ep .

State ofArizona )

) ss.

County ofMaricopa )

Subscribed and sworn to before me on this _--,I'---L?__ day of $'ll'f do09

•

OFFlCI",,~ SEAL

LAURA McFARLAND

NOTAlW PUBliC. Slate 0' Ar~.ne MARIOOP"" GOUNTY

My Comm. IMpl,.. Alrl12, 2012 My commission expires:

Appendix D4, P. 1
4

9

21

Oral Proceeding

Hearing Officer Script

September 16, 2009

22 It is now September 16,2009, and the time is approximately 4:35 p.m. The

23 location is the Arizona Department ofEnvironmental Quality. That's our building,

24 1110 W. Washington Street, Phoenix, AZ. My name is Eric Massey, and I have

25 been appointed by the Director ofthe Arizona Department of Environmental

26 Quality (ADEQ) to preside at this proceeding.

1 PROPOSED ARIZONA AIR QUALITY

STATE IMPLEMENTATION PLAN (SIP) REVISION UNDER

3 CLEAN AIR ACT SECTION 110(a) (1) AND (2):

8

5 2006 PM,., NATIONAL AMBIENT AIR QUALITY STANDARDS,

1997 PM,.5 NATIONAL AMBIENT AIR QUALITY STANDARDS, AND

1997 8-HOUR OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS

27

1

13

11

14

10

15

12

16 Mr. Massey: Good evening, thank you for coming. I now open this hearing on a

17 proposed revision to the Arizona State Implementation Plan (or SIP) under Clean

18 Air Act Section 110(a)(1) and (2): regarding the implementation of 2006 24-hour

19 PM2.

s, 1997 I-hour and Annual PMB, and 1997 8-Hour Ozone National Ambient

20 Air Quality Standards (NAAQS).

Appendix D4, P. 2
1 The purposes ofthis proceeding are to provide the public with an opportunity to:

(I) hear about the substance ofthe proposed SIP revision,

3 (2) ask questions regarding the revision, and

4 (3) present oral argument, data and views regarding the revision in the form of

5 comments on the public record.

6

7 Representing the Department today are: John Englander, Bruce Friedl, Deborrah

8 "Corky" Martinkovic and myself.

9

10 Public notice appeared in the Arizona Republic and on ADEQ's website. Copies

11 of the proposal titled, PROPOSED Arizona State Implementation Plan Revision

12 under Clean Air Act Section 110(0)(1) and (2): Implementation of 2006 PM2.5

13 National Ambient Air Quality Standards, 1997 PM2.

5 National Ambient Air Quality

14 Standards, and 1997 8-Hour Ozone National Ambient Air Quality Standards, were

15 made available at the ADEQ Phoenix office and on the ADEQ website.

16

17 The procedure for making a public comment on the record is straightforward. If

18 you wish to comment, you just need to fill out a speaker slip, which is available at

i9 the sign-in table, and give it to me. Using speaker slips allows everyone an

20 opportunity to be heard and allows us to match up the name on the official record

21 with the comments. You may also submit written comments to me today. Please

22 note that the comment period for the proposed SIP Revision ends today, August

23 26, 2009. Actually I think that should say September 16, 2009. Excuse me. All

24 written comments must be postmarked if sent via U.S. mail or received ifsent via

25 e-mail at ADEQ by September 16,2009. Written comments can be mailed to John

26 Englander. Air Quality Planning Section, Arizona Department of Environmental

2

Appendix D4, P. 3
Quality, 1110 W. Washington Street, Phoenix, Arizona 85007 or

englander.john@azdeq.gov. Comments may also be faxed to (602) 771-2366.

3

4 Comments made during the formal comment period are required by law to be

5 considered by the Department when preparing the final state implementation plan.

6 This is done through the preparation of a responsiveness summary in which the

7 Department responds in writing to written and oral comments made during the

formal comment period.

10 The agenda for this hearing is simple. First, we will present a brief overview ofthe

11 proposed revision to the state implementation plan.

13 Second, I will conduct a question and answer period. The purpose of the question

14 and answer period is to provide information that may help you in making

15 comments on the proposed revision.

16

17 Third, I will conduct the oral comment period. At that time, I will begin to call

18 speakers in the order that I have received speaker slips.

19

20 Please be aware that any comments at today's hearing that you want the

21 Department to formally consider must be given either in writing or on the record at

22 today's hearing during the oral comment period ofthis proceeding.

23

24 At this time, John Englander will give a brief overview ofthe proposal.

25

26

27

3

Appendix 04, P. 4
1 Mr. Englander: Clean Air Act Section 110(a) (1) requires states to submit SIPs

within three years following the promulgation of new or revised NAAQS to

3 provide for implementation, maintenance, and enforcement of such standards.

4 Each of these SIPs must address certain basic elements or the "infrastructure" of its

5 air quality management programs under Clean Air Act Section llO(a) (2). These

6 elements, detailed in Clean Air Act Sections 110(a) (2) (A) through (M), include

7 provisions for monitoring, emissions inventories, and modeling designed to assure

e attainment and maintenance ofthe NAAQS.

9

10 In July 1997, the U.S. Environmental Protection Agency (EPA) issued new

11 NAAQS for 8-hour ozone as well as particulate matter 2.5 microns or less in

12 diameter (PM2.5)' Subsequent litigation challenging the new standards created

13 uncertainty on how to proceed and delayed submittal of the required Section

14 1l0(a) (1) and (2) or "infrastructure" SIPs. On March 10, 2005, in response to a

15 lawsuit over states' failure to submit infrastructure SIPs for the 1997 standards,

16 EPA entered into a Consent Decree with Earth Justice that obligated EPA to

17 require states to submit infrastructure SIPs.

18

19 Arizona did submit a SIP for Section 11O(a}(2)(D) - interstate transport for both 8-

20 Hour Ozone and PM2.5' but was unable to meet the deadline for the remaining

21 requirements for the 1997 8-Hour Ozone Standard, and on March 27,2008, EPA

22 published a "finding of failure to submit" for Arizona. Arizona was able, however,

23 to submit by the September 18, 2008, deadline an Analysis of Clean Air Act

24 Section 110(a)(2) Air Quality Control Program Elements for Arizona for the 1997

25 PM2.5 National Ambient Air Quality Standards. The analysis demonstrated that,

26 with minor exceptions, existing Arizona SIP elements and the federal prevention of

27 significant deterioration (PSD) permit program were adequate to meet Clean Air

4

Appendix D4, P. 5
Act Section llO(a)(2) requirements. This proposed submittal corrects all but the

emergency powers portion, and also satisfies the infrastructure requirements for the

1997 8-Hour Ozone Standard.

4

5 In December 2006, based on scientific studies regarding the effects of particle

pollution, EPA subsequently revised the 1997 NAAQS for PM2.5' This action

7 required states to submit Section 1l0(a) (1) and (2) SIPs by September 21,2009, to

8 provide for implementation, maintenance, and enforcement of the 2006 PM25

9 standards. This proposed submittal satisfies this requirement as well.

10

11 This concludes the explanation period ofthis proceeding on the proposed revision

12 to the state implementation plan.

13

14

15

* * * * *

16 Mr. Massey: Thank you John. Are there any questions before we move to the oral

17 comment period?

18

19 Seeing none, this concludes the question and answer period of this proceeding on

2 D the proposed state implementation plan revision.

21

22

23

* ****

24 I now open this proceeding for oral comments.

25

26 I have no speaker slips. Are there any oral comments?

27

5

Appendix D4, P. 6
6

Hearing none, this concludes the oral comment period ofthis proceeding.

6

9 Thank you very much for attending.

10 The time is now approximately 4:42 p.m. I now close this oral proceeding.

'" '" '" '" * 3

2

4

5 If you have not already submitted written comments, you may submit them to me

6 at this time. Again, the comment period for this proposed revision to the state

7 implementation plan ends September 16,2009.

Appendix D4, P. 7
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Appendix D.S

Responsiveness Summary
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RESPONSIVENESS SUMMARY

to

Testimony Taken at Oral Proceedings and Written Comments Received on

Arizona State Implementation Plan (SIP) Revision under Clean Air Act Section 110(a)(I) and (2):

Implementation of2006 PM2.5 National Ambient Air Quality Standards, 1997 PM2.5 National

Ambient Air Quality Standards, and 1997 8-Hour Ozone National Ambient Air Quality Standards

The oral proceeding on the Arizona State Implementation Plan Revision under Clean Air Act Section

110(a)(1) and (2): Implementation of2006 PM2.5 National Ambient Air Quality Standards, 1997 PM2.5

National Ambient Air Quality Standards, and 1997 8-Hour Ozone National Ambient Air Quality

Standards was held on Wednesday, September 16, 2009, at 4:30 p.m., at the Arizona Department of

Environmental Quality, Conference Room 145, 1110 West Washington Street, Phoenix, Arizona. The

public comment period began on August 17, 2009, and closed on Wednesday, September 16, 2009, at

6:00 p.m. No oral or written comments were received from the public. During its final review of the

proposed SIP, ADEQ, in consultation with the Environmental Protection Agency, determined some

further clarifications were appropriate. These clarifications are described below.

1) On Page 10, Section 2.5, the summary of Clean Air Act (CAA) Section 110(a)(2)(E), Adequate

Resources, has been corrected to more accurately reflect the requirements ofthe CAA.

2) On Page 11, a more detailed description of the applicability of Arizona Revised Statute (ARS), Title

38, Chapter 3, Article 8 conflict of interest provisions to meet the requirements of CAA Section

110(a)(2)(E)(ii) has been added to Section 2.5.

3) On Page 12, citations to specific county "Emergency Episode" regulations have been added to Section

2.7 for clarity.

4) On Page 15, ARS §49-406 has been added to Section 2.11 as a relevant statute to help meet the

requirements ofCAA Section 11O(a)(2)(K) regarding air quality modeling.

5) All references to ARS §49-401 have been removed from Section 2 because these statutory provisions

are not appropriate for inclusion in the federally enforceable SIP.

6) In Appendix B, Page 4, the date reference for EPA acceptance of Arizona recommendations for the

2006 24-hour PM2.5 attainmentlnonattainment designations has been corrected.

7) In Appendix B, Page 5, the draft PM2.5 Monitor Map has been replaced with a finalized map. No

changes are made to the monitors/locations previously identified.

8) In Appendix B, Pages 10 and 11, reference to the August 15,2006 interim guidance has been removed.

9) In Appendix B, Page 11, reference to regional haze and the protection of visibility has been revised for

clarity purposes.

10) Language has been added to Appendix C to clarify ARS §49-455(B)(I) is not referenced for

inclusion in the SIP.

11) ADEQ has made minor corrections for grammar and formatting.

Appendix D5, P. 1