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 DearMs. Yoshii: Consistent with the provisions ofArizonaRevised Statutes (ARS) Title 49, §§ 49-104, 49-106, 49-404 and 49-406 (Enclosure 1) and the Code ofFederal 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 CleanAirActSection 11O(a)(l) and 

### (2): Implementation of 2006PM2.5National AmbientAir Quality Standards, 

### 1997PAh5 NationalAmbientAir QualityStandards, and 1997 8-hour Ozone NationalAmbientAir QualityStandards (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 ofsuch 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 ofSection 110(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 Printedon recycledpaper

### 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 thatEPA 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. Ifyou have any questions, please do not hesitate to contactNancy Wrona, Director, Air Quality Division, at (602) 771-2308
.

.Sincerely,

BenjaminH. 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.

### (Thispage is intentionally left blank)

### 49-104. Powers and duties ofthe department and director A. The department shall: 1. Formulate policies, plans and programs to implementthis 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. Conductresearch on its own initiative or at the request ofthe governor, the legislature or state orlocal agencies pertaining to any department objectives. 4. Provide information and advice on request ofany 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 ofair resources to assure their protection, enhancement and balanced utilization consistent withthe enviromnental policy ofthis state. 7. Promote and coordinate the protection and enhancement ofthe quality ofwaterresources 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 ofall water and airpollution 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 soundhealth, scenic and environmental quality policies. 12. Preventpollutionthrough the regulation ofthe storage, handling and transportation ofsolids, liquids and gases that may cause or contribute to pollution. 13. Promote the restoration and reclamation ofdegraded or despoiled areas and naturalresources. 14. Assistthe department ofhealth 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 conductprojects in the United States and Mexico on issues that are withinthe 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 ofoutside advisers, consultants and aides reasonably necessary or desirable to enable the departmentto adequately perform its duties. 2. Contract and incur obligations reasonably necessary or desirable withinthe general scope ofdepartment activities and operations to enable the department to adequatelyperform its duties. 3. Utilize any medium ofcommunication, publication and exhibition when disseminating information, advertising and publicity in any field ofits purposes, objectives or duties. Arizona State Implementation Plan Revision under Clean AirAct Section 11O(a)(l) and (2), September 2009 Enclosure 1 

### 14. Adoptprocedural rules that are necessary to implementthe authority granted under this title, butthat 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 otherprograms that further the objectives and programs ofthe department. 7. Accept gifts, grants, matching monies or direct payments from public orprivate agencies orprivate persons and enterprises for department services and publications and to conductprograms that are consistent with the general purposes and objectives ofthis chapter. Monies receivedpursuantto this paragraph shall be deposited in the department fund corresponding to the service, publication or program provided. 8. Provide for the examination ofany premises ifthe director has reasonable cause to believe that a violation ofany environmental law orrule exists or is being committed on the premises. The director shall give the owner or operatorthe 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 ofany report produced as a result 

### ofany examination ofthe premises. 9. Supervise sanitary engineering facilities and projects in this state, authority for which is vested inthe 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 ofadequate size and capacity to deliver specified minimum quantities ofdrinking 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 preventpollution ofwaterused 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 ofand for sanitary conditions at any public or semipublic swimming pool orbathing 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 pursuantto 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 insectborne diseases. The rules shall: (a) Prescribe minimum standards for the design ofsewage collection systems andtreatment, disposal and reclamation systems and for operating the systems. (b) Provide for inspecting the premises, systems and installations and for abating as apublic nuisance any collection system, process, treatment plant, disposal system orreclamation 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 wastewatertreatment facilities and reclamation

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

### 2systems be submitted with a fee for review to the department and may require that the design documents anticipate andprovide for future sewage treatment needs. (d) Require that construction, reconstruction, installation or initiation ofany sewage collection system, sewage collection system extension, treatment plant, process, device, equipment, disposal system, on-site wastewater treatment facility orreclamation 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 ofpremises, 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 othertreatment processes shall be licensed by the department subjectto compliance with the rules. 15. Perform the responsibilities ofimplementing 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 coverthe costs ofall permits and inspections itperforms 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 collectedpursuantto this subsection shall be deposited inthe water quality fee fund established by section 49-210. D. The director may: 1. Ifhe has reasonable cause to believe that a violation ofany environrnental1aw orrule exists or is being committed, inspect any person orproperty 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 protectthe environment ifa violation exists. 2. Authorize in writing any qualified officer or employee 

### in the department to perform any act that the director is authorized orrequired 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 planthat provides for implementation, maintenance and enforcement ofnational ambient air quality standards and protection ofvisibility as requiredby the clean 

### air act. B. The director may adopt rules that describe procedures for adoption ofrevisions to the state implementationplan. C. The state implementationplan and all revisions adopted before September 30, 1992remain in effect according to their terms, exceptto the extent otherwise providedby the clean 

### air act, inconsistent with any provision ofthe clean air act, or revised by the administrator. No control requirement in effect, orrequired to be adopted by an order, settlement agreement orplan in effect, before the enactment ofthe clean air act in any area which is anonattainment or maintenance area for any air pollutantmay 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

### (Thispage is intentionally left blank)

### STATE IMPLEMENTATION PLAN COMPLETENESS CHECKLIST 

## SUBMITTAL OF STATE IMPLEMENTATION PLAN (SIP) REVISION for

### ArizonaState Implementation Plan Revision under CleanAirActSection 110(a)(1) and (2): Implementation of 2006PM2.5NationalAmbientAir Quality Standards, 1997

### PM2.5 NationalAmbientAir Quality Standards, and 1997 

### 8-hour OzoneNationalAmbientAir Quality Standards September2009
1. SUBMITTAL LETTERFROM GOVERNORIDESIGNEE See CoverLetter 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 NotApplicable 7. EVIDENCE THAT ARIZONA ADMINISTRATIVE PROCEDURE ACT REQUIREMENTS WERE MET FORRULE/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), September2009 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 NotApplicable 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 CleanAir 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 LeftBlank)

### 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 FORARIZONA 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 II0(a)(2)(G)

- Emergency Powers 12 2.8 CAA Section II0(a)(2)(H)

- Plan Revisions 13 2.9 CAA Section II0(a)(2)(I)

- CAA Title 1, Part D Nonattainment Area Requirements 13 

### 2.1 0 CAA Section II0(a)(2)(J)

- Consultation with Government Officials, Public Notification, PSD and Visibility Protection 13 2.11 CAA Section II0(a)(2)(K)

- Air Quality Modeling 15 2.12 CAA Section 110(a)(2)(L)

- Permit Fees 15 2.13 CAA Section II0(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 andPM2.5 NationalAmbientAir 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 AmbientAir 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 ofOfficers and Employees 11 D. State Implementation PlanRevision 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 110(a)(2) for the 1997 PM25 

### NAAQS and the 1997 8-hourozone NAAQS.
1.1 

### Regulatory Background Clean Air Act Section 110(a)(l) requires states to submit SIPs within three years following the promulgation ofnew or revisedNAAQS to provide for implementation, maintenance, and enforcement of such standards. Each ofthese SIPs must address certain basic elements or the "infrastructure" ofits 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 designedto assure attainment and maintenance ofthe NAAQS. In July 1997, the U.S. Environmental Protection Agency (EPA) issued new National AmbientAir 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 ofair pollution, a required SIP component under Section IIO(a)(2)(D)(i), by March 15, 2005. On April 25, 2005, EPA published "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 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 ofSection 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 CleanAirActSection 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 SIPElements Required UnderSection 110(a)(I) and 

### (2)for the 1997 8-hour Ozone andPM 2.5 

### NationalAmbientAir Quality Standards, October2,2007, 

### 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 offailure 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 andPM2.5NationalAmbientAir QualityStandards, October2, 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 oJCleanAirActSection 110(a)(2) Air Quality ControlProgram ElementsJor ArizonaJor the 1997 

### PM2.5NationalAmbientAir 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 

### II 0(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 ofpublic 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 demonstratedthat the required Section 110(a)(2) elements are met, in part, for the 1997 PM25 

### and 8-hour ozone NAAQS. Demonstration ofSection 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 ofSection 110(a)(2) for the 2006 PM2.5 

### NAAQS, 2) All elements ofSection 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 ofinterest, 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), PartD nonattainment area plan requirements, 110(a)(2)(J), consultation with government officials and public notification ofany 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/participationby affected local officials. The programs described in Section 2.0 are also adequate to meet the following requirements ofthe CAA for the 1997 PM2.5 

### NAAQS: IIO(a)(2)(E)(i) relating to adequate funding, and IIO(a)(2)(E)(ii) relating to conflicts ofinterest. 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 ofthe 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 ofthe 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 ofair 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 ofthe SIP upon completion ofthe State public review process: 49-103. Departmentemployees; 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 ofabatement, 49-441. Suspension and revocation ofconditional 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 ofabatement, 49-462. Violations; injunctive relief, 49-464. Violation; classification; penalties; definition, 49-471. Definitions, 49-476.01. Monitoring, 49-490. Hearings on orders ofabatement, 49-495. Suspension and revocation ofconditional order, 49-502. Violation; classification, 49-510. Violations; production ofrecords, 49-511. Violations; order ofabatement, 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 amap showing Arizona couqties with air quality control agencies. The Arizona Department ofEnvironmental 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 ofnational 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 ofcontrol measures and permits where no local air quality control agency exists. In 

### addition, ADEQ has originaljurisdiction in all areas ofthe 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 ofpermits (ARS §49-402). The State may, however, assertjurisdiction 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 ofairpollution (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 theirrespectivejurisdictions (ARS §49-406). MAG and 

### P AG submit their plans to ADEQ for adoption and inclusion in the state implementation plan pursuantto 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 ozoneNAAQS. 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-hourozone air quality standards in all areas ofArizona.
Relevant sections ofArizona Revised Statutes: ForADEQ 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 ofdepartment 49-425. Rules; hearing 49-426. Permits; duties ofdirector; 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 ofeach monitor and provide evidence that both the siting and the operation ofeach monitor meets the network design, quality assurance, and other federal requirements of40 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 ofArizona Revised Statutes: ForADEQ Programs: 49-404. State implementation plan 49-406. Nonattainment area plan 49-422. Powers and duties; defmition 49-424. Duties ofdepartment For COlmty Programs: 49-473. Board ofsupervisors
2.3 

### eAA Section 110(a)(2)(C)

- Enforcement ofControl Measures Section 110 (a)(2)(C) requires states to include a program providing for enforcement ofall SIP measures and the regulation ofconstruction ofnew or modified stationary sources to meet prevention ofsignificant 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 aresolution adopted by the governing body ofthe agency, its authority for implementing the measure and a program for enforcement ofthe limitation or measure. Ifany 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 reliefprovided by law. Similarly, ifthe county fails to ensure implementation ofmeasures, the ADEQ Director is authorized, through the State Attorney General, to seekreliefprovided by law to ensure implementation ofall 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 ofthe 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 ofArizonaRevised Statutes: ForADEQ 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 ofdepartment 49-425. Rules; hearing 49-426. Permits; duties ofdirector; exceptions; applications; objections; fees 49-426.01. Permits; changes within a source; revisions 49-433. Special inspection warrant 49-435. Hearings on orders ofabatement 49-441. Suspension and revocation ofconditional order 49-460. Violations; production ofrecords 49-461. Violations; order ofabatement 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 ofabatement 49-495. Suspension and revocation ofconditional order 49-501. Unlawful open burning; exceptions; civil penalty; definition 49-502. Violation; classification 49-510. Violations; production ofrecords 49-511. Violations; order ofabatement 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, ofthe NAAQS in any other state, or interfere with any other state's required applicable implementation plan to prevent significant deterioration ofair quality orto 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 ofpollutants 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 ofair quality and protection ofvisibility provisions ofthe 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 

### PM z .5 

### air quality standards. The analysis demonstrates that Arizona does not significantly contribute to interstate transport ofpollutants 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 ofinterestby 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 staffand 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 ofvehicle 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 ofincorporated cities or towns, ofpolitical subdivisions and of the state and any of its departments, commissions, agencies, bodies or boards," contains provisions for adequate disclosure of any conflict ofinterest. To meet the conflict ofinterest 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 ofOfficers and Employees (see Appendix C).
Relevant sections ofArizonaRevised Statutes: Title 38, Chapter 3, Article 8, Conflict ofInterest ofOfficers and Employees
Arizona Revised Statutes grant ADEQ primary regulatory authority for air pollution control and abatementin Arizona as well as responsibility for ensuring adequate implementation ofSIP 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 ofemissions as well as correlation ofsuch reports by the state agency with any emission limitations or standards. Arizona Revised Statutes provide authority to require any sources ofair contaminants to monitor, sample or perform other studies to quantifY emissions ofair contaminants or levels ofair pollution that may be reasonably attributable to that source.
Relevant sections ofArizona Revised Statutes:

Final CAA 110(a) SIP 090915 11

### ForADEQ Programs: 49-422. Powers and duties; definition 49-426. Permits; duties ofdirector; 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 ofthe 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 ofthe nature of the episode and, at the directive ofthe 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 actionupon 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, subsequentto 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 CountyPrograms: 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 ofimproved methods for attaining the NAAQS. This Section also requires states to provide for plan revisions to ensure the adequacy ofthe 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 ofnational ambient air quality standards and protection ofvisibility as required by the clean air act."
Relevant sections ofArizona Revised Statutes: 49-404. State implementation plan 49-406. Nonattainment area plan


### 2.9 CAA Section 1l0(a)(2)(1)

- CAA Title 1, PartD NonattainmentArea Reqnirements Section llO(a)(2)(I) requires nonattainment area plans to meet the applicable requirements ofCAA Title 1, PartD relating to nonattainment areas. EPA's October 2, 2007, guidance (see Appendix A) notes that "the specific nonattainment area plan requirements ofsection 11

### O(a)(2)(1) are subject to the timing requirement ofsection 172, not the timing requirement ofsection 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 ifNAAQS 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 ofair 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 behalfofaffected local governments, county agencies, andthe Department ofTransportation to enterinto 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 solicittestimony from the public as well as federal and local air qualityplanning agencies priorto adoption ofany revisionto the Arizona SIP.



### Final CAA 110(a) 

### SIP 090915 13

### Relevant sections ofArizona Revised Statutes: ForADEQ Programs: 49-405. Attainment area designations 49-406. Nonattainment areaplan 49-424. Duties ofdepartment 49-425. Rules; hearing 49-426. Permits; duties ofdirector; 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 ofinstances or areas in which any air quality standard is exceeded during the preceding calendar year, to advise the public ofhealth hazards associated with air pollution, and to enhance public awareness ofmeasures 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 ofArizona Revised Statutes: 49-424. Duties ofdepartment
Clean Air Act, Title I, Part C includes provisions relating to prevention ofsignificant deterioration ofair quality and visibility protection. PSD provisions are discussed in Section 203 above. Arizona's visibility protection program is designed to analyze the causes ofvisibility impairment and to develop and implement control strategies as required. Requirements include analysis ofemissions 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 ofemissions 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 meetEPA'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 ofdepartment 49-426. Permits; duties ofdirector; 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)

- PermitFees Section 110(a)(2)(L) requires SIPs to require the owner or operator ofa major stationary source to pay fees to the permitting authority to cover the cost ofreviewing, 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: ForADEQ Programs: 49-426(E). Permits; duties ofdirector; exceptions; applications; objections; fees For CountyPrograms: 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 priorto adoption ofany plan revisions.
Relevant sections ofArizonaRevised Statutes: For ADEQ Programs: 49-405. Attainment area designations 49-406. Nonattainment area plan 49-424. Duties ofdepartment 49-425. Rules; hearing 49-426. Permits; duties ofdirector; 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 ofpreparing 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 II0(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 ofArizona 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 SIPElements Required UnderSection 1l0(a)(1) and (2)for the 19978-llour Ozone andPM2.5NationalAmbientAir QualityStandards, October2, 

### 2007

### (This Page Intentionally LeftBlank)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 ImplementationPlans (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 extentthatexisting SIPs for ozone and particulate matter already meetthese 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-hourozone 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 meetthe basic requirements ofsections 110(a)(I) and (2). ForPM25, however, we anticipate that many Statesmay need to make SIP revisions to ensure that their existing SIPs for priorparticulate matterNAAQS are revisedto include the newparticle 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 setthe 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. Iannual 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 afterpromulgation ofa new orrevised 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 overthe 1997 8-hourozone and PM2,s NAAQS, created uncertainty abouthow to proceed and, to date, States have not submitted SIPs to meetthe basic orinfrastructure requirements enumerated in sections IIO(a)(I) and (2), In March of2004, Earth Justice initiated a lawsuit against EPA for failure to take action against States that had not made SIP submissions to meetthe 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 laterthan 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 whetherthe submissions are complete, pursuantto 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)

1More 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 ofISO ",g/m' andto revoke the annual PM", This guidance document applies onlyto 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 orrevised 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 ofAppeals for the District ofColumbia concerning the implementation rule for the 8-hour Ozone NAAQS have affected certain nonattainment area SIP requirements. Thesejudicial decisions do not, however, affect States' obligations underthe CAA orEPA's obligations under the Consent Decree concerning the infrastructure SIP requirements ofsections 110(a)(I) and (2). 

### 2

Appendix A, P. 2submissions required by section II0(a)(2)(C) to the extent that subsection pertains to a nonattainment areanew source permit program in part D Title I ofthe CAA; and (ii) submissions required by section II0(a)(2)(I) for Part D Title I nonattainment areaplans. 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 ofa Federal Implementation Plan (FIP) by EPA for each such State unless, priorto that time, each State makes a submission to meet the requirements ofSection IIO(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 ofS02 and NO, in certain States significantly contribute to nonattainment of, orinterfere 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) Submissionsto Meet Current Outstanding Obligations Under Section IIO(a)(2)(D)(i) for the 8-hour Ozone and PM25 National Ambient Air Quality Standards." The section IIO(a)(2)(D)(i) guidance indicates that States within the CAIRregion can satisfy 110(a)(2)(D) by satisfying the requirements ofthe CAIR, and addresses what other States that are outside ofthe CAIRregion should consider doing to meet the "significant contribution" and "interfere with maintenance" requirements ofsection IIO(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 CAIRregion) should consider in making SIP submissions to meet the "prevention ofsignificantdeterioration" and "protect visibility" requirements ofsection 110(a)(2)(D)(i). The SIP submissions addressed by the section IIO(a)(2)(D)(i) guidance arethose that are necessary to rectify the finding offailure to submitthat EPA has already issued for all States for section II0(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). Pursuantto 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 IIO(a)(l) and (2).

3

Appendix A, P. 3Guidance 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. Forparticulate 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 selfexplanatory, 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. Ifa 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. Ifa State determines that its existing ozone orparticulate matter SIPs are inadequate, however, then the State needs to submit a SIP revision to make the appropriate changes. With respectto PM25, States may find it more advantageous to revise the language in their SIPs to identify "particulate matter" as the pollutantbeing 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 thatthe 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 ifa 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 planrequirements 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 otherEPAissued 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. 4submissions 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 of40 CFR Subpart H remain appropriate. Therefore, EPA expects that for purposes ofthe 1997 8-hour ozoneNAAQS, 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 afterpromulgation ofany new orrevised standards. For the 1997 8-hour Ozone and PM25 standards, this deadline was July 2000. By ConsentDecree, 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 ofS-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 ofSIP 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 submissionshave been made. Ifyou 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 ofthis guidance. Attachments
cc: Margo Oge, OTAQ Steve Page, OAQPS Brian McLean, OAP Richard Wayland, OAQPS Lydia Wegman, OAQPS PeterTsirigotis, OAQPS

5

Appendix A, P. 5Attachment 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 abriefdescription ofthe required SIP elements.
Emission limits and other control measures: Section IIO(a)(2)(A) requires SIPs to include enforceable emission limits and othercontrol measures, means or techniques, schedules for compliance and otherrelated matters. EPA notes that the specific nonattainment areaplan requirements ofsection II0(a)(2)(I) are subjectto 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 ConsentDecree. 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 ofcontrol measures: Section IIO(a)(2)(C) requires States to include a program providing for enforcement ofall SIP measures and the regulation ofconstruction ofnew or modified stationary sources to meet prevention ofsignificant deterioration (PSD) and nonattainmentNSR requirements. Interstate transport: Section llO(a)(2)(D) requires SIPs to include provisions prohibiting any source 01'othertype ofemissions activity in one State from contributing significantly to nonattainment, or interfering with maintenance, ofthe NAAQs in another State, orfrom interfering with measures required to prevent significant deterioration ofair quality orto protectvisibility in another State. EPA has already issued CAlRto 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 howto comply with eachprong 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 monitoremissions from stationary sources and to submit

Appendix A, P. 6periodic emissions reports. Emergency power: Section II0(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 intheir SIPs. Future SIP revisions: Section II 0(a)(2)(H) requires States to have the authority to revise their SIPs in response to changes inthe 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 outNAAQS 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 ofemissions 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 paypermitting 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 LeftBlank)

### Appendix B
Clean AirAct Section 1l0(a)(2)(D)(i)

- Interstate TransportAnalysis for the 2006 PM2.5 

### National Ambient Air Quality Standards

### (This Page Intentionally LeftBlank)

### 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 Guidancefor State Implementation Plan (SIP) Submissions to Meet Current Outstanding Obligations Under Section 110(a)(2)(D)(i)for the 8-Hour Ozone andPM2.5NationalAmbientAir Quality Standards, 

### U.S. Environmental Protection Agency, August 15,2006
ATTACHMENT B2 ArizonaNitrogen Oxides, PM25, 

### and SulfurDioxide Emissions Inventories
ATTACHMENT B3 Ambient Air Quality Data

Appendix B, P. i

### (This Page Intentionally LeftBlank)

### 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 

### FederalRegister. Section 110(a)(1) ofthe Clean Air Act (CAA) requires states to submit state implementation plans (SIPs) within three years following the promulgation ofnew standards. This document is part ofthe revision to the 

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

### and specifically addresses interstate transport ofairpollution under CAA Section 110(a)(2)(D)(i). It 

### contains a demonstration showing Arizona does not siguificantly contribute to interstate transport ofpollutants 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 ofsiguificant deterioration ofair quality and protection ofvisibility provisions ofthe law.
1.2 General SIP Requirements 

### Section 110(a)(2)(D)(i) ofthe 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 of emissions activity within the statefrom emitting any air pollutant in amounts which will- (1) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respectto any... nationalprimary orsecondary airqualitystandard, or (11) interfere with measures requiredto be included in the applicable implementationplanfor any otherstate... topreventsignificantdeterioration of airquality or toprotectvisibility. " On August 15,2006, EPA issued guidance for states to use in development ofSIPs 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 intheir SIPs: 1) "significant contribution to nonattainment," 2) "interference with maintenance," 3) "prevention ofsignificant deterioration," and 4) "protection ofvisibility."
AppendixB, 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 Chapter4 presents information regarding Arizona's ongoing efforts to protectvisibility.

Appendix B, P. 2

### CHAPTER 2: ANALYSIS OF NONATTAINMENT AND MAINTENANCE AREA IMPACTS PM25 

### aerosol consists ofcrustal particles, elemental carbon, organic carbon, nitrate, and sulfate; the last two ofwhich 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, andthe 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 ofPM2.5, 

### 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 of Fine Particulate Matter and Ozone or Clean Air Interstate Rule (CAIR) (69 FR 4581, January 30,2004), EPA provided the following rationale for the exclusion ofthe 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 thesefactors. we 

### concluded that the PM 

### n 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 nonattainmentcounties locatedin the restof the 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 ofthe 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 ofemissions 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 ofnoninterference for the 2006 24-hourPM2.5

### air quality standard.

3 EPA updated the 

### Federal

### Registerto 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 otherfactors and neednot rely on CArRmodeling results" (72 FR41629, July 31, 2007). Appendix B, P. 3

### Emissions & 

### AmbientMonitoring 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 halftimes 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 ofemissions transported from Nogales, Sonora (Mexico). Santa Cruz County total primary PM2.5 

### emissions are only 14 percent ofthose generatedby Maricopa County sources (see AttachmentB2). 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 oftotal 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 ofattainmentlunclassifiable 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-hourPM2.5 

### NAAQS. ADEQ and county agencies maintain an ambient monitoring network for measuring PM25 

### concentrations across the State ofArizona. 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 amap ofthe State ofArizona air quality monitoring network. Boundary Recommendations for 2006 24-hourPM2 5

### NAAQS in Arizona On December 19, 2007, Arizona submitted recommendations designating a portion ofSantaCruz 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 ofregional emissions for the Nogales Planning area and identifies the recommended nonattainment area as an emissions receptorrather than an emitter.

Appendix 

## a, P. 4

### Figure 2.1 

### State ofArizona 

### 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 NonAltal"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 ofthe state, oriented southeastto northwest; and 3) broad desert valleys separatedby narrow mountain ranges in the southwestern portion ofthe 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 thatprogress eastward on the westerly flow. In 

### the warmer months, the region is dominated by high pressure which produces a more southerly componentto the air flow over the state. Localized complex terrain windflow patterns also occur and impact the dispersion ofemissions 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 oflower 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 ofcomplexterrain 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 oftransport ofemissions. However, because the atmosphere within an airshed acts in a more cohesive and uniform way with respect to the dispersion ofemissions, 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 offlow can vary. However, mixing, dispersion, and dilution ofemissions 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, 5NonattainmentAreas 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. Atthis 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 nonattainmenfareato the east, downwind ofArizona, 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

### PM Z

• 5

### NonattainmentAreas5

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 ofthis submission, generally dominant air flows across the State are from the west to the east and there are seasonal flows from GulfofMexico 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 orMissouri 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.SNAAQS
... ADEQ has presented sufficient support for the negative declaration in its discussion ofthe other factors and need not rely on CAIR modeling results" (72 FR41629, 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 respectto any primary or secondaryNAAQS.

Appendix B, P. 9

### CHAPTER3: 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 ofair quality. All new sources and modifications to existing sources in Arizona are subject to state requirements for preconstruction review and permitting pursuant to

### ArizonaAdministrative 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

### CHAPTER4: PROTECTION OF VISffiILITY Section 110(a)(2)(D)(i)(II) contains arequirement 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 emissionsfrom any State interfere with measures required to be included in a plan to address reasonably attributable visibility impairment. Further, EPA is 

### not aware ofany certification of existing reasonably attributable impairment of visibility by a Federal Landmanager that has not already been resolved. The EPA accordingly believes that States should be able to make a relatively simple SIP submission verifying thatno 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. 

### ArizonaAdministrative 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. 

### ArizonaAdministrative Code Section R18-2-4l0 further provides protection ofvisibility by requiring new major sources or sources making major modifications to complete an analysis ofthe 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 considerthe impact ofvisibility impairing emissions from sources in their state to the Class 

### I areas ofanother 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 orprojected strategies to decrease visibility impairing emissions has already occurred with the "TransportRegion States" under 40 CFR 51.309 and will continue under40 CFR 5l.309(g). Arizona submitted aRegional 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.

AppendixB, P. 11

### CHAPTER 

### 5: CONCLUSION 

### Designation of areas for new or revised air quality standards under Section 107 ofthe 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 ofEnvironmental Quality determined that the State ofArizona does not significantly contribute to nonattainment or interfere with maintenance ofPM2.5 

### NAAQS in any other state. In addition, Arizona meets the PSD and protection ofvisibility requirements under CAA Section 110(a)(2)(D)(i).

Appendix B, P. 12

### AttachmentBl 

### Guidance for State Implementation Plan (SIP) Submissions to Meet Current Outstanding Obligations UnderSection llO(a)(2)(D)(i)for the 8-Hour Ozone andPM 1,5

### NationalAmbientAir Quality Standards, 

### U.S. Environmental Protection Agency, August 15,2006

### (This Page Intentionally LeftBlank)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 ImplementationPlan (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 shouldmaketo meet their currently outstanding obligations under section IIO(a)(2)(D)(i). TheEnvironmental ProtectionAgency (EPA) has previously indicated through rulemaking what States affected bythe CleanAir InterstateRule (CAlR) must do concerning emissions that significantly contrIbuteto nonattainment or interfere withmaintenance ofthe 8- hour ozone or fine particulates (pM2.5) National AmbientAir Quality Standard (NAAQS) in anotherState. This guidance, therefure, addresses what States that are not affectedby the CAIR should consider in meeting the "significant contribution" and "interfere with maintenance" requirements ofsection 11O(a)(2)(D)(i), andwhat all States (inside or outside the CAIRregion) should considerwithrespect to making submissions to meet the "prevention ofsignificant deterioration" and "protectvisibility" requirements ofsection 110(a)(2)(D)(i). Because the CAIRregion differs forpurposes of8-hour ozone and PM2,5, some States may be within the CAIR. region forpurposes ofone NAAQS, butnot the other, and shouldmake section 110(a)(2)(D)(i) SIP submissions that accountforthis distinction. On July 18, 1997, EPApromulgated NAAQS for ozone and for fine particulate matter. Section 110(a)(I) ofthe CleanAir Actrequires States to submit new SIPs to provide forthe implementation, maintenance, and enforcementofnew orrevisedNAAQS. Section 110(a)(2) lists the elements that the new SIP submissions must contain. Among otherthings, SIPs for new orrevisedNAAQS must contain adequate provisions 10 address interstate transport ofair pollution, pursuantto section 110(a)(2)(D)(i).

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### Attachment 81, P. 12

Section 110(a)(I) explicitly provides that States must adopt aud submitto the EPA Administratoruew SIP submissions within 3 years after the promulgation ofa 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, atthis time.no State has submitted anew SIP. Werecognize that litigation overboth the 8-hour ozoneNAAQS and the PM2.5 NAAQS created substantial uncertainty as to how to proceed. Moreover, in the case ofPM2,5, additional time was needed for creation ofa monitoring network, collection ohtleast three years ofdata, and analysis ofthose data. OnApril 25, 2005, EPApublished an action in the Federal Register making a finding that States had failed to make statutorilyrequired SIP submissions forthe 8-hour ozone and PM2.S NAAQS, The EPA explicitlylirnited this finding offailure 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-monthclock for EPAto issue a final Federal Implementation Plan (FIP) to meet the requirements ofsection 11O(a)(2)(D)(i), for both the a-hourozone and PM2.5 standards, unless EPA instead approves a State SIP submission tomeet 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 ConsentDecreebetween EPA and plaintiffs who sued theAgency 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 EPAhas also committed in the Consent Decree to take later actions to detennine whether States have submittedthe remaining SIP elements requiredby section 110(a)(I) and (2) fur the 8-hour ozone andPM2.S NAAQS by no later thanDecember 15, 2007, for ozone, andby no laterthan October5, 2008, forPM2.5. 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 electto follow or deviate from this guidance, as appropriate. The ultimate detennination ofwhether a given SIP submissionby a Statemeets the statutory requirements ofsection 11O(a)(2)(D)(i) will be accomplished through casebycase notice and commentrulemaking in which the facts and

.circumstances ofeach State submission will be evaluatedby EPA. We ask that the EPA Regional Offices work with theirrespective States in the development oftheir SIP submissions. Ifyouhave questions concerning this guidance, please contactMr. Larry D. Wallace (919) 541-0906. Please ensurethat the appropriate air agencyofficials forthe States in your Region are made aware ofthis guidance.



### AttachmentBl, P. 2Attachment
cc: Margo Oge, OTAQ Steve Page, OAQPS Brian McLean, OAP ScottMathias, AQPD Kevin McLean, OGe Barbara Driscoll, AQPD Larry Wallace, AQPD Kimbet Scavo, AQPD GeoffreyWilcox, OGe Nonn Possiel, AQAD 3



### AttachmentBl, P. 3Guidance for State Implementation Plan Submissions to Meet Current Outstanding Obligations Under Section llO(a)(2)(D)(i) for the 8-HourOzone and PM2-5 NatiunalAmbientAir Quality Standards
1. Introduction: This document provides guidanceto Slates concerning State Implementation Plan (SlP) submissions that States mustmake 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 EPAmay elect to follow or deviate from this guidance,.as appropriate. The ultimate determination ofwhethera given SIP submissionby a State meets the requirements of section 110(a)(2)(O)(i) will be accomplishedby area specific notice and commentrulemaking in which-the facts and circumstances ofeach State submission will be evaluatedby EPA. Sections IIO(a)(I) and (2) ofthe CleanAirAct (eAA), require States to submit SIPs that implement, maintain, and enforce a new orrevised national ambient air quality standard (NAAQS) within 3 years following the promulgation ofthe standard. In July 1997, EPA issued the 8-hourozene 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 byJuly 2000. Among the SIP elements identified in section 11O(a)(2) is the requirement to address interstate transportofpollutants 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 complyin accordance with the schedule ofseelion 1I0(a)(l).! OnApril 25, 2005, EPA notified States oftheirfailure 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 starteda 24,month clock for EPA to issue afinal Federal ImplementationPlan (FIP) to address the requirements ofsection 110(a)(2)(D}(i), unless a State makes the required submission andEPA approves such submissionwithin tb.at24-monthperiod. The 24-month FIP clockbegan on**l~** uRule to Reduce Interstate Transport afFine Particutate Matter andOzone (Clean Air Interstate Rule); Revisions to AcidRain Program; Revisions to the NO, SlP Call; Final Rule," 70 FR25,162 at 25,263-69 (May 12, 2005).**2~** "Finding ofFailure to Submit Section 110 StateImplementationPlans for Interstate Transportfor theNational AmbientAir Quality Standards for 8-Hour Ozone and PM 2.5," 70 FR 21,147 (April 25, 2005).

Attachment B 1, P. 4May 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 aConsentDecree. 1 Underthe ConsentDecree, EPA is also obligated to make laterdeterminations as to whether States have made therequired SIP submissions to meetthe remaining applicable requirements ofsection 110(a)(I) and (2). The EPA is obligated to makethese laterdetetminations byDecember 15,2007, for SIP submissions for the 8-hour ozone NAAQS, and by October 5, 2008, for SIP submissions pertaining to the PM2.5NAAQS. The EPA believes that Section 110(a)(2)(D)(i) provides an important tool for attainment and maintenance ofthe NAAQS by addressing theproblem ofinterstate transport ofair pollutants. This provision applies to each pollutantcovered by aNAAQS and 10 all areas ofeach Stateregardless ofthe attainment ornonattainmentdesignation ofsuch areas. Section 110(a)(2)(D)(i) specificallyprovides that each State's SIP must contain adequateprovisions to prohibitairpollutantemissions from within the State that significantly contributeto nonattainmentoftheNAAQS, orthat interferewith maintenance oftheNAAQS, in any other State. In addition, this sectionrequires that each State's SIP must contain adequateprovisions to prohibit emissions ofairpollutants within the State thatinterferewithmeasures required to prevent significantdeterioration ofairquality orto protectvisibility in any other Slate. The EPA intends to provide additional infonnation to States concerning the remaining

. section 110(a)(I) and (2) SIP elements, eitherinregulations implementing the 8-hourozone or

PM25 NAAQS, orin 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 anew orrevisedNAAQS within 3 years ofpromulgation ofsuch new orrevisedNAAQS. Section 110(a)(2) lists the elements those SIPs must contain. Forexample, this section lists certain SIP infrastructure elements refatedto thenew orrevised standards such as requirements forprovisions pertainingto modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance ofthe standards. An important SIP element

'The Consent Decree is betweenEnvironmental Defense and American Lung AssociatioD, as plaintiffs, and EPA, as defendant, signedMarch 10, 2005. TheConsent Decree resolved the caseentitled "Environmental Defense, et al. v. Johnson," No. 1:OSCV00493(D.D.C.). EPA gavenotice of, and took commenton, the proposed consent decree in accordancewith CAA section I 13(g). 70 FR 15,623 (March 28, 2005). 2



### AttachmentBl, P. 5listed in section 11 D(a)(2) is the requirementthat States address emissions that impact other States through interstatetransport. The "good neighbor" provisions in section 110(a)(2)(D)(i) require each State to submit a SIP thatprohibits emissions that adversely affect another State in the ways contemplated inthe statute. Section l10(a)(2)(D)(i) contains four distinctrequirements related to the impacts of interstate transport. Each**St~te** must submit a SIP which contains adequate provisions: prohibiting
... any source or othcrtype ofemissions activitywithin the Statefrom emitting any airpollutant in amoW1ts which will- (l) contribute significantly to nonattairunent in. or interfere with maintenance by, anyother Statewithrespectto any ... national primary or secondary airquality standard, or (11) interfere with measures required to be included in the applicable implementation plan foranyother State
.... to prevent significantdeterioration of air qualityorto protectvisibility. The EPA's April 25, 2005 finding offailure to submit reflected EPA's determination that States had not yet made SIP submissions forthe 8-hour ozone and PMZ5 NAAQS necessary to meetthe requirements ofsection 110(a)(2)(D)(i). The precisenature and contents Dfsuch a submission is not stipulated in the statute. EPA believes thatthe contents ofthe SIP submission requiredby 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 atthe time the State develops and submits a SIP for a new Dr revised NAAQS necessarily affects 1hecontent ofthe required submission. In some instances, this submissionmay be more detailed and substantive. as when existing data and analyses alreadyprovide the requisite information. In otherinstances. the submission maybe more preliminary and simplified, as when there is currentlyinsufficient information to support a determinationthat there are interstatetransport impacts, or when other laterregulatory actions are prerequisites to making suoh a determination. The sections belowprovide guidance oonoerning the types ofSIP submissions !hat EPA believes would be appropriate inresponse to the April 25, 2005, tinding offailure to submit.

3



### Attachment Bl, P. 63. States subject to the Clean Air Interstate Rule: In March of2005, EPApromulgated the Clean Air Interstate Rule (CAlR}.4 Based upon the requirements ofsection I IO(a)(2}(D)(i), EPA determined in the CAlR thatNO, emissions from sources in 25 States and the District ofColumbia contribute significantly to nonattainment and interfere with maintenance ofthe 8-hourozone standard in other downwind States. The EPA also detenninedthat S02 and NOxemissions from sources in 23 States and the District of Colwnbia contribute significantly to nonattairunent and interfere with maintenance ofthePM 2.5 standards in otherdownwind States. Subsequently, EPA determined that two additional States contribute to nonattaipment and interfere with maintenance ofthe 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 CAlRrequirements. Consequently, States within the CAIR region need not submit a separate SIP revision to satisfythe 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 regionmust also make a submission withrespect to those two requirements. Also ill accordance with the statute, all States, both inside and outside the CAlRregion must make a submission withrespect to the "prevention ofsignificant deterioration" and "protect visibility" requirements ofsection I 10(a)(2)(D)(i). It should be noted thatbecause the CAIR region differs forpurposes ofozone and PM2.5, some States maybe inside the CAIR**~egion** for purposes ofone 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 structuredthis guidance to address the differenttypes of considerations that States may need to evaluate in making theirrespective submissions.
4. SIP Submissions from States pertaining to the "significant contribution" and "interferewith 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 maintenanceofthe 8-hourozone andPM2.5 NAAQS in any other States.
'See, supranote 1. SSee, Inclusion ofDeIaware and New Jersey in Clean AirInterstate Rule, 71 FR 25288 (April 28, 2006). 4



### AttachmentB 1, P. 7TheEPA anticipates, basedupon existing infonnation developed in connectionwith the CAIR, that emissions from sources in States notcovered by the CAIR do not contribute significantly to nonattainment or interfere with maintenance ofthe 8-hour ozone orPM2.S NAAQS in any ather State. Unless a State excluded from the CAIRhas 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 maintenanceofthe 8-hour ozone orPM2.Sin another Stale. EPAbelieves that a negative declaration from each ofthe non-CAIR Slates, which certifies that the Statein question does not significantly contribute to nonattairunent orinterfere with maintenance ofthe NAAQS in another State, shoutd be adequate to satisfy the requirements ofsection 110(a)(2)(D)(i). States should submit atechnical demonstrationto support a negative dcclaration. EPA believes thatthis 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 anotherState. Suitabkinformation might include, but is nat be limited to, infonnationconcerning emissions in the State, meteorological conditions in the State, the distance to the nearestnonattainment area in another State, relianceon modeling conducted by EPAin detennining that such State shouldnot beincludedwithinthe ambit ofthe CA1R, or such other infonnation as the State considers probative an the issue ofsignificant contribution and interference withmaintenance. The EPAbelieves that it wouldbe appropriate for States to make this assessmentusing consideratioIlS comparable to those usedby EPA in evaluating significant contribution inthe CAIR, assessing the impacts ofemissionS on nearby nonattainment areas as ofthe year 2010, and evaluating mitigation strategies based upon emissions reductions achievable throughhighly cost effective controls. :In addition, States that ate not subject to the CAlR, but are subject to theNO. SlP Call, may wish to indicate that SIPs submitted to meettheNO, SlP Call should be sufficientto satisfy the section IIO(a)(2)(D)(i) obligation fortbe 8-hour ozone NAAQS. EPA initially addressed interstatc transport for ozone in theNO. SIP Call rule publishedin 1998.6 TheNO, SlP CaU is substantially reducing ozone transport, and is helping downwind areas meet the 8-hour ozone standards. The EPAbelieves that states outside the CAIR region that are meeting the NOx SJP Call should not significantlybe contribnting to nonattainment or interferring withmaintenance in any down wind state. The EPA will assist each Stateto evaluatethe available information and to develop a sufficient SIP submission and demonstration to meetthis element ofsection llO(a)(2)(D)(i).

6 ''Finding ofSignificant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for the Purposes ofReducingRegional Transport of OzoneRule, (63 FR 57356, October 27, 1998).



### AttachmentBl, P. 8EPA will take action on the SIP submissions madeby States throughnotice and comment rulemaking, thereby assuringthatthe requirements are met. 5. SIP Submissions from States pertainingto the "prevention ofsignificant deterioration" requirement ofsection 110(a)(2)(D)(i): Section 110(a)(2)(D)(i)(II) also contains a requirementfor all States to submitSIPs that contain adequateprovisions prohibiting"
.... any source orothertype ofemissionactivitywithin the State from emitting any airpollutantin amounts which will

- interfere with measures required to beincluded in the applicable implementationplan for any other State
.... to prevent significantdeterioration ofairquality
..." UnderEPA regulations, each SIP mustinclude apreconstructionreviewprogramfor major sources to satisfy therequirements ofsection 110(a)(2}(D)(i) ofthe Act. 40 C.F.R. § S1.16S(b)(l). In nonattainment ateas, the preconstructionreviewprogramis known as NonattainrnentNew SourceReview (NNSR) and in attainment areas, pre<:onstructionreview is partofthe Prevention ofSignificantDeterioration (PSD) program, These programsrequire preconstructionpennits to protectthe airquality withineach state and also serveto prohibit construction ofnew major sources andmajormodifications at existing major sources from' contributingto nonattainmentinadjacent states. The PSD pennittingprogramis also the primarymeasure that eachSIP mustinclude to prevent significantdeterioration ofair quality in accordance withTitle I, PartC and section llO(a)(2)(D)(i)(ll) oftheAct. 4Q CFR § 51.166. Section 110(a)(2)(D)(i)(ll) requires that SIPs contain adequateprovisions prohibiting sources or emissions activity within each state "fromemitting any airpollutantin amounts which will

-- ... interferewith measuresrequired to be included inthe applicable implementationplan for any otherStateunderpilrtC ofthis subchapterto prevent significantdeterioration ofair quality
...." 42 U.S.c. § 74l0(a)(2)(D)(i)(II). Because all areas are currently subject to some form ofprcconstructionpennitting program forozone and PM2,S, itis not necessary, atthis time, for States to make aSIP submission containingrulechanges ormodelingdemonstrations inorderto address section 11O(a)(2)(D)(iXll) for the B-hourozone andPM2.SNAAQS. EPAhas establishedorwill establish schedules for SIP submissions thatincorporate revisions to EPA's preconstruction permittingregulations that are specificto the 8-hourozone andPM2.5 NAAQS. Areas

### will need to revisetheirSIPs consistentwith such schedules. Each areaefthe country is currently subje<:tto an equivalentPSD orNNSRpermitting program forthe 8-hourozone standard and an interimPSD orNNSRpermittingprogramfor PM2.5• IfaparticularstateSIPlacks an approved PSD program, thePSD pennitting requirements mustbe implementedin that state orlocal areathrough a federal PSD programthat canbe administeredby the state or local permitting authority under a delegation agreementwith EPA. Where a state lacks an approved NNSRprogram, the statemayissueNNSRpennits

6

AttachmentB 1, P. 9pursuantto an EPA regulation at 40 CFR Part 51, Appendix S. [fsuch a state lacks authorityto issue pe1TI1its cemsistentwith appendix S, EPA is the pe1TI1itting authority. In April 2004 andNovember2005, EPApromulgatedregulations in two phases that addressed (among othertopics) the implementation ofthe PSD andNNSRprograms underthe 8-hourozoneNAAQS. See 69 FR 23951 (Apr. 30, 2004); 70 Fed. Reg. 71612 (Nov. 29, 2005). The first phase ofthese ruLes requires implementation ofNNSRin accordance with an area's 8- hour ozone classification afterrevocationofthe I-hourozone NAAQS. See 69 FR at 23985. The EPArevokedthe I-hour ozoneNAAQS onJune 15, 2005. Thus, new and modified major sources ofvolatile organic compoWld and NO. are currently subject to NNSRbased on the designation and classification ofthe areain which they are locatedunderthe 8-hoU! ozone NAAQS. In an 8-hourozone nonattainment areathat currentlyhas no approved nonattainment plan orotherwise lacks authority to implementnonattainmentNSR forthe 8-hoU! ozone NAAQS throughaSIP-approvedpennitting program, permits for new and modified major stationary soUIces in such areas mustbe consistentwith the requirements in appendix S of40 CPR. Part 51. lEPA delenninedthat states did not need to submit anyrevisions oftheir existing PSD programs to implementofthe 8-hoU! ozone NAAQS, hutthe Agency simultaneously promulgatednew rules to establishNOx as aprecursorfor ozone underthe PSD program. 68 FR. 32802, 32843-44 (Jun. 2, 2003); 70 FR at71679. The EPA establishedJune 15,2007 as the deadline for states to provide SIP submissions thatincorporate the requirements ofthephase II ozone implementationrule into theirPSDand NNSR programs. See 70 FR at71683. ForPM2.5, EPA has recommended that states employaninterimPM2.5 programthat involves implementingexisting PSD andNNSRprogr.uns forPMlD as a surrogate for the PM2.5 requirements until thenecessary tools are in place for states to adoptPSD and NNSRprograms for PM2.S. See, Memorandumfrom JohnSeitz, EPA OAQPS, "InterimImplementation forthe New Source Review Requirements forPM2.5," (October 23, 1997); Memorandum from Steve Page, EPA OAQPS, "ImplementationofNew Source ReviewRequirements inPM2.5 NonattainmentAreas." (AprilS, 2005). In November 2005, EPAhas proposedregulations that establishthe minimumrequirements forPSD and NNSRprograms forPMZ5, 70 FR65984, 66033 (Nov. I, 2005), but theAgency has not promulgated final regulations onthis subject. States are notrequired to submitPSD and NNSRprogram SIPs forPMz.' Wltil EPA completes these regulations and finalizes the submission schedule, whichwe have proposed to be April 5, 2008. Until the submission date is established in EPA's final PMzs implementationrule for NSR, statesmay continue to implementinterimprogramsbased on PMIOand need notprovide PSD orNNSRprogramsubmissions containing rulechanges forPM2.5. The airqualitydemonstrations requiredfor issuance ofaPSD and NNSRpermitmustbe made for all areas that arepotentiallyimpacted bythe emissions from aproposed sourceor modificationrequiring ape1TI1it. As Ii result, the implementation ofaPSD andNNSRpermitting programin each state serves to prevent significant deterioration in neighboring states andthus largely satisfies the requirements ofsection 110(a)(2)(D)(i)(ll) ofthe eAA. A PSD permitmay notbe issuedunless the new ormodified source demonstrates that emissions from the 7

Attachment B 1, P. 10construction or operation ofthe facility will notcause or contribute to airpollution in any area that exceeds ofany NAAQS or anymaximum allowable increaSe (known as the PSD increment). 42 U.S.C. § 7475(a)(3); 40 CFR § 51.166(k). A NNSRpennitmay not be issuedunless the new ormodified source shows ithas obtained sufficient emissions reductions to offsetincreases 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 significantdeterioration in any instance where the emissions ofa nonattainment pollutant from a source in anonattainment areawould impact a nearby attainment area for thatpollutant. In addition to PSD permittingprogram, a SIP may include additional measures as necessaryto preventairpollution in excess ofthe PSD incrernentthat defines significant deterioration for each area. 40 CFR § 51.166(a). The EPAhas not established PSD increments for ozone orPM2,5. Withoutthese components ofa PSD program, it is difficult for states to determine ifadditional measures are needed to prevent significantdeterioration within the state. Likewise, a neighboring state cannotdetermine whetherits SIP would interfere with such additional measures in another state's SIP. However, notwithstanding the absence ofPSD increments for ozone and**PM<~,** states maycontinue to rely on their existing PSD and NNSR permitting programs to prevent significant deterioration ofairqualitywithin theirown boundaries andin adjacent states. Because the PSD andNNSRpermittingprograms currently applicable ineach area require ademonstration thatnew ormodified sources will not cause orcontributeto airpollution in excess oftheNAAQS inneighboring states or that sources innonattaiument areas procure offsets, EPA believes that states need notmake an additional SIP submission containing mle changes ormodeling demonstrations to address the "prevent significant deterioration" requirement ofsection llO(a)(2)(D)(i)(Il) for the 8-hourozone and PM2,S NAAQS. For 8-hour ozone, each state onlyneeds to make a SIP submission confirming thatmajor sources in the state, are currently subjectto PSD and NNSR permittingprograms that implement the 8-hour ozone standard andthat SIP-approved states are ontrack to meettheJune 15, 2007 deadline for SIP submissions adopting therequirements ofthe Phase

### n ozone implementation mle. ForPM2.S, states needonlyprovide a SIP submission confirming that major sources inthe state are subject to PSD and NNSRpermittingprograms implemented in accordance with EPA's interim guidancecalling foruse ofPMlOas a surrogate forPM2> in the PSD andNNSRprograms. Additional SIP submissions will be due afterthe final NSR implementationrules forPM2.5 are promulgated. The EPA will assist each State to evaluatethe 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. 116. SIP Submissions from Statespertaining to the "protectvisibility" 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 adequateprovisions prohibiting "
... any source orothertype ofemission activitywithin the State from emitting any airpollutantin amounts whichwill

-interfere with measures required to be includedin the applicable implementationplan for any otherState
....to protect visibility." The EPA adopted aphased approachto visibiiityprotection, issuingregulations in 1980 to address reasonably atlributable visibilityimpairment, i.e., visibility impairmentthatis caused bythe emissions ofairpollutants from one, or a small number ofsources, and issuingregulations in 1999 to address regional haze, i.e., "visibility impairmentthatis causedbythe emission ofair pollutants from numerous sources located over awide geographic area.,,7 Underthe 1980 regulations, 33 States and the VirginIslands wererequired to submitSIPs to address reasonably atlributable visibility impairment. Atthis point in time, EPA has madeno determination that emissions from any State interfere with measures required to beincludedin aplan to address reasonably atlributablevisibilityimpainnent. Further, EPA is not aware ofany certification of existingreasonably attributable impairment ofvisibilityby aFederal Land Manager thathas not alreadybeenresolved. The EPA accordinglybelieves thatStates should be ableto make a relatively simple SIP submission verifyingthat no source within the Slate emits pollutants that interfere with measUres includedin the visibility SIPs under the 1980regulations. In 1999, EPA found thatall States contain sources whoseemissions are reasonably anticipated to contribute to regional haze inone ormore Class I areas.S Pursuant to this finding, States are currently under an obligation to submit SIPs thatcontain measures to address regional haze, including a long-term strategy to address visibilityimpairment for each Class I areawhich maybe affected by emissions from aSlate.9 The States and Regional Planning Organizations are currently engaged in the taskofidentifyingthose Class I areas impactedby each State's emissions and developing strategies for addressingregional haze to beincluded in the States' regional haze SIPs. These SIP submissions are due no laterthanDecember 17,2007. As aresult, EPAbelieves thatitis currently prematureto determine whether ornot State SIPs for 8-hourozoneorPM2.5 contain adequate provisions toprohibitemissions thatinterfere withmeasures in other States' SIPs designedto address regional haze. Accordingly, EPA believes that States maymake a simple SIP submission confmning thatit is notpossible atthis timeto assess whetherthere 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. 12Statedesigned to "protectvisibility" for the 8-hour ozone and PMz.5 NAAQS until regionalhaze 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 thatthe requirements aremet. .
7. When should States make section 110(a)(2)(D)(i) SIP submissions? The EPAmade the finding offailure 10 submit in April of2005, with an effective date of May25, 2005. As aresult ofthe finding offailure 10 submit, the eAAimposes a24-month clock for EPA to issue a FIP, unless a State has made the required submissionto cure the failure to submit and EPAhas actedto approve such submission fully in advance· ofthe endofthe 24-month period. In coJ1junction with the CAIR, EPAhas promulgated a FIP for alljurisdictions in the CAIRregion to provide a federal backstop to insure timelyand 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 CAIRregion must therefore make submissions to meetthe significant contribution and interference with maintenance requirements ofsection 11 O(a)(2)(D)(i)(I) to avoid a FIP addressing those requirements. In addition, all States havc an outstanding statutory obligationto make a SIP submission to meet lhe requirements ofseclion 11 O(a)(2)(D)(i)(II) in avoid a PIP for those requirements. The EPA is currently under an obligation 10 iSllUe a PIP byMay 25, 2007, for any State that does notmake 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 thatdate for EPA to evaluate lhe submission andto take the necessary rulemaking action to approve ordisapprove it, EPA may need to initiate the FIP rulemakingprocess in order to meet the May 2007 FIP deadline. Forthis reason, EPAbelieves that itwouldbe appropriate for each State 10 make the SIP submission necessary to meet its outstandingobligations under section 110(a)(2)(D)(i) well in advance oftheMay 25, 2007 PIP deadline. TheEPA therefore suggests that States should make theirSIP submissionby no later than November25,2006, in order to allow adequate time for the necessary Agency action on the submission. The EPArecognizes thatthis target SIP submission date is only 18 months afterthe effectivedate oflhe finding offailure 10 submit•.and that theAgency is issuing this guidance concerningthe 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 workwilh States to insure thatthey can make appropriate SIP submissions as close to 10



### Attachment Bl, P. 13November25,2006, 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 implementFIPs where States fail to submit SIPs that the Agency can approve in advance ofthe May 25, 2007 Fll' deadline.

11



### AttachmentBl, P. 14Attachment A: States subjectto 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 WestVirginia
Massachusetts (ozone only) Wisconsin Michigan District ofColumbia
Minnesota(pM 2.5 only)

12

Attachment B 1, P. 15

### (This Page Intentionally LeftBlank)

### AttachmentB2 Arizona Nitrogen Oxides, PM2.5, 

### and SulfurDioxide Emissions Inventories

### (This Page Intentionally LeftBlank)

### 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 

# 2

2,138, 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 ofwoodland across east-central Arizona (most ofthe 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 ofthe 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 ofthe 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 of2002 "extreme frre" inventories.

AttaclunentB2, P. 1

### (This Page Intentionally LeftBlank)

### Attachment B3 Ambient Air Quality Data

### (This Page Intentionally LeftBlank)Table**B3~1:** 2006to 2008 24-Hour Average PM J .5 Compliance (in jig/m3
, local conditions) NAAQS: The three-year average of the 98thpercentile values 

### is less than or equal to 35jig/m3• Note: The three-year average is roundedto the nearest 

### 1 pg/m3 for 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 of

### 14federal 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. 1Table B3-3: 2006

### w 2008Annual Average

### Piths Compliance (in pg/m3
, local conditions) NAAQS: The three-year average of annual means is less than or equal to 15pg/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 of 

### 14federal 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 ofInterest ofOfficers and Employees

### (This Page Intentionally LeftBlank)**49~455.** Permit administration fund A. A permit administration fund is established consisting offees and interest collected pursuantto this article. The director shall administer the fund subject 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 ofappropriations. B. Monies inthe 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 offees collected pursuant to section 49-426, subsection E, paragraph 1, all reasonable direct and indirect costs required to develop and administer the permitprogram requirements oftitle V ofthe clean air act. 2. In the case ofother fees, administering permits orrevisions issued pursuant to section 49-426 or49-426.01 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 ofarticle A. This article shall apply to all public officers and employees ofincorporated cities or towns, ofpolitical subdivisions and ofthe state and any ofits departments, commissions, agencies, bodies orboards. B. Notwithstanding the provisions ofany other law, or the provisions ofany charter or ordinance ofany incorporated city or town to the contrary, the provisions ofthis article shall be exclusively applicable to all officers and employees ofevery incorporated city ortown or political subdivision or the state and any ofits departments, commissions, agencies, bodies orboards and shall supersede the provisions ofany other such law, charterprovision or ordinance. C. Otherprohibitions in the state statutes against any specific conflict ofinterests shall be in addition to this article if consistent withthe intent and provisions oftbis article. 38-502. Definitions In this article, unless the context otherwise requires: 1. "Compensation" means money, a tangible thing ofvalue 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 contractbasis by an incorporated city or town, a political subdivision or the state or any ofits departments, commissions, agencies, bodies orboards for remuneration. 3. "Make known" means the filing ofa paper which is signed by a public officer or employee and which fully discloses a substantial interest or the filing ofa copy ofthe official minutes ofapublic agency which fully discloses a substantial interest. The filing shall be in the special file established pursuantto 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 incorporatedtown or city and any otherpolitical subdivision. (c) The state, county and incorporated cities or towns and any otherpolitical subdivisions.
Appendix C, P. 17. "Public competitive bidding" means the method ofpurchasing defined in title 41, chapter 4, article 3, or procedures substantially equivalent to such method ofpurchasing, or as provided by local charter or ordinance. S. "Public officer" means all elected and appointed officers ofa 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 ofthe whole or halfblood and their spouses and the parent, brother, sister or child ofa spouse. 10. "Remote interest" means: (a) That ofa nonsalaried officer ofanonprofit corporation. (b) That ofa landlord or tenant ofthe contracting party. (c) That ofan attorney ofa contracting party. (d) That ofa member ofa nonprofit cooperative marketing association. (e) The ownership ofless than three per cent ofthe shares ofa 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 otherpayments made to him by the corporation do not exceed five per cent ofhis total annual income. (f) That ofapublic officer or employee in being reimbursed for his actual and necessary expenses incurred in the performance ofofficial duty. (g) That ofarecipient ofpublic services generally provided by the incorporated city or town, political subdivision or state department, commission, agency, body orboard ofwhichhe is apublic officer or employee, onthe same terms and conditions as ifhe were not an officer or employee. (h) That ofapublic school board member when the relative involved is not a dependent, as defined in section 43- 100I, or a spouse. (i) That ofa public officer or employee, or that ofarelative ofa public officer or employee, unless the contract or decision involved would confer a direct economic benefit or detriment upon the officer, employee orhis relative, of any ofthe following: (i) Another political subdivision. (ii) A public agency ofanotherpolitical subdivision. (iii) A public agency except ifit is the same governmental entity. (j) That ofa member ofatrade, business, occupation, profession or class ofpersons consisting ofat least ten members which is no greater than the interest ofthe other members ofthat trade, business, occupation, profession or class ofpersons. II. "Substantial interest" means any pecuniary orproprietary interest, either direct or indirect, otherthan a remote interest. 

### 38-503. Conflict ofinterest; exemptions; employment prohibition A. Any public officer or employee ofa 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 orpurchase. B. Any public officer or employee who has, or whose relative has, a substantial interest in any decision ofa public agency shall make known such interest in the official records ofsuchpublic 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 suchpublic agency any equipment, material, supplies or services, unless pursuant to an award or contractlet after public competitive bidding, except that:
Appendix C, P. 2L 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 otherthan 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 atotal ofone 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 ofa school district or a community college district may not employ aperson who is amember of the governing board orwho is the spouse ofamember ofthe governing board. 38-504. Prohibited acts 

### A. A public officer or employee shall not represent another person for compensation before apublic 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 withinthe 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 ofadministrative discretion. B. During the period ofa public officer's or employee's employment or service and for two years thereafter, apublic officer or employee shall not disclose or use for the officer's or employee's personal profit, without appropriate authorization, any information acquiredby the officer or employee in the course ofthe officer's or employee's official duties which has been clearly designatedto the officer or employee as confidential when such confidential designation is warranted because ofthe status ofthe proceedings orthe circumstances under whichthe information was received and preserving its confidentiality is necessary for the proper conduct ofgovernmentbusiness. A public officer or employee shall not disclose oruse, 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 orbenefit 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 otherthan 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 ofwhich he is a public officer or employee. B. This section shall not be construed to prohibitthe 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 otherremedies providedby law, any contract entered into by a public agency in violation of this article is voidable atthe instance ofthe public agency. 

### B. Any person affected by a decision ofapublic agency may commence a civil suit in the superior courtforthe purpose ofenforcing the civil provisions ofthis article. The court may order such equitable reliefas it deems appropriate inthe circumstances including the remedies provided in this section.
Appendix C, P. 3C. The court may in its discretion orderpayment ofcosts, including reasonable attorney's fees, to the prevailing party in an action broughtunder subsection B. 38-507. Opinions ofthe attorney general, county attorneys, city or town attorneys and house and senate ethics committee Requests for opinions from eitherthe attorney general, a county attorney, a city ortown attorney, the senate ethics committee orthe house ofrepresentatives ethics committee concerning violations ofthis article shall be confidential, butthe fmal opinions shall be amatter ofpublic record. The county attorneys shall file opinions with the county recorder, the city ortown attorneys shall file opinions with the city ortown clerk, the senate ethics committee shall file opinions with the senate secretary and the house ofrepresentatives ethics committee shall file opinions with the chiefclerk ofthe house ofrepresentatives. 38-508. Authority ofpublic officers and employees to act A. Ifthe provisions ofsection 38-503 prevent an appointed public officer or apublic 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 knowntheir substantial interests 

### in the official records oftheir public agency. 38-509. Filing ofdisclosures Every political subdivision and public agency subjectto this article shall maintain for public inspection in a special file all documents necessary to memorialize all disclosures ofsubstantial interest made known pursuantto this article. 38-510, Penalties A. Aperson who: 1. IntentionaIly orknowingly violates any provision ofsections 38-503 through 38-505 is guilty ofa class 6 felony. 2. Recklessly or negligently violates any provision ofsections 38-503 through 38-505 is guilty ofa class I misdemeanor. B. A person found guilty ofan offense described in subsection A ofthis section shall forfeit his public office or employment ifany. 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 agreedto be conferred was not qualified or authorized to act in the desired way. D. 

### It is a defense to a prosecution for aviolation ofsections 38-503 through 38-505 that the interest charged to be substantial was a remote interest. 38-511. Cancellation ofpolitical subdivision and state contracts; definition A. The state, its political subdivisions or any department or agency ofeither may, within three years after its execution, cancel any contract, without penalty orfurther obligation, made by the state, its political subdivisions, or any ofthe departments or agencies ofeither ifany person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalfofthe state, its political subdivisions or any ofthe departments or agencies ofeither is, at any time while the contract or any extension ofthe contract is in effect, an employee or agent ofany Appendix C, P. 4otherparty to the cOntract in any capacity or a consultantto any otherparty ofthe contract withrespect to the subjectmatter ofthe contract. B. Leases ofstate trust land for tenns longer than ten years cancelledunderthis 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 orthe chiefexecutive officer or governing body ofthe political subdivision is received by all otherparties to the contractunless the notice specifies a latertime. 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 otherparties to the contractunless the notice specifies a latertime. 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 ofeither may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalfofthe state, its political subdivisions or any department or agency ofeither from any otherparty to the contract arising as the result ofthe contract. F. Notice ofthis section shall be included in every contractto which the state, its political subdivisions, or any ofthe departments or agencies ofeither is aparty. G. Forpurposes 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

### (This Page Intentionally LeftBlank)

### Appendix D
State Implementation Plan Revision Public Comment and Hearing Documentation

### (This Page Intentionally LeftBlank)

### Appendix D,l
Notice ofPublic Hearing

### (This Page intentionally LeftBlank)AFFIDAVIT OF PUBLICAnON 

### ADE AIR QUAlm SHill 

### 09AUG 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. 1AFFIDAvIr OF PUBLICAnON



## 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 ofthe 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 20TH day of August A.D. 2009

MCllnvnGreenwoocJ

N6klry PubHc:: Morteopo CO\.lnt\!, JWono tir(Comm. Expllll;l$ 05·2:i-11

AppendixDl, P. 2ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY (ADEQ) PUBLIC HEARING ON THE ARIZONA STATE IMPLEMENTATION PLAN (SIP) REVISION UNDER CLEAN AIR ACT SECTION IID(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 oftheNAAQS. A public hearing on the SIP Revision will be held on Wednesday, September 16,2009, at 4:30 p,m., at the Arizona Department ofEnvirorunental 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 ofthe public hearing or 6:00 p.m. on September 16, 2009, whichever is later. All writtencomments should be addressed, faxed, or e-malled to: John J. Englander Air Quality Planning Section Arizona Department ofEnvirorunental 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 FirstFloor

Appendix D1, P. 3

### (This Page intentionallyLeftBlank)**Appe!1di~** 

### D,2


### Public Hearing Agenda

### (This Page Intentionally LeftBlank)

# Public Hearing Agenda

AIR QUALITY DIVISION PUBLIC HEARING ONTHE PROPOSEDARIZONAAIR QUALITY STATE IMPLEMENTATION PLAN (SIP) REVISION UNDER CLEANAIRACT SECTION 110(a)(1) AND (2): 2006 PMLS NATIONALAMBIENTAIR QUALITY STANDARDS, 1997 PM,.. NATIONALAMBIENTAIR QUALITY STAI'\'l>ARDS, AND 1997 8-IIOUR OZONE NATIONALAMBIENTAIR QUALITY STANDARDS PLEASENOTETHE MEETlNG LOCATION AND TIME: ADEQ Building, HearingRoom 145 III0 WestWashington 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 forMaking Public Comment 4. BriefOverview ofthe proposed SIP revision 5. Question and AnswerPeriod 6. Oral Comment Period 7. Adjournment ofOral Proceeding Copies ofthe 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 shouldbe made as early as possible to allow sufficient time to make the arrangements for the accommodation. This document is available in alternative fonnats bycontacting ADEQ TDD phone numberat (602) 771-4829.

Printedon recycledpaper

Appendix D2, P. 1

### (Fhis Page Intentionally LeftBlank)

### Appendix D.3
Public Hearing Sign In 

### Sheet

### (This Page Intentionally LeftBlank)

# A -_.


# - 'Q
.1 _- -

# ~··,DE 

# •.•••.**~----** ArimnaDepartment 

# ofEnvironmental. Oualitv 

# Air Quality Division Sign-In Sheet

-" 

### p.; M" I=l 

### .Ci 

## "'2 OJ**E~MAIL** FAX 

### NAME 

# Please Sign In

SUBJECT 

# 1/0("')

# L,')(J) 

# 'f71!Jfru

# ilakil 

# SiP DATE 

# 9b1-1[)q**~/ktl!J.** 

# ' ORGANIZATION PHONE

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............ - :::::=/**~..-** ,--- F - -'V'r c,,"'\,U"Vr tC-.Jfl lc..r" 2. =("A.-'r'--'1.lrY'

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4. 5.

__ 6.

_ 7. 8.

### (This Page Intentionally LeftBlank)

### Appendix D.4


### Public Hearing Officer Certification and Transcript

### (This Page Intentionally LeftBlank)

### Air Quality Division

Public Hearing Presiding Officer Certification I, Eric Massey, the designated Presiding Officer, do hereby certify thatthe public hearing held by the ArizonaDepartment ofEnvironmental 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 correctrecord ofthe above-referenced public hearing. DatedthisLL day of

# ~~ ,;2IJ c)

### ep .

State ofArizona ) ) ss. County ofMaricopa ) Subscribed and sworn to beforeme on this

### _--,I'---L?

__ day of 

### $'ll'f 

### do09

•**OFFlCI",,~** SEAL LAURA McFARLAND NOTAlW PUBliC. Slate0'**Ar~.ne** MARIOOP"" GOUNTY My Comm. IMpl,
.. Alrl12, 2012 My commission expires:

Appendix D4, P. 14

9

21 

### Oral Proceeding Hearing Officer Script

September 16, 2009

22 

### It 

### is now September 16,2009, andthe time is approximately 4:35 p.m. The 23 

### location is the ArizonaDepartment ofEnvironmental Quality. That's ourbuilding, 24 

### 1110 W. Washington Street, Phoenix, AZ. My name is Eric Massey, and I have 25 

### been appointed by the Director ofthe Arizona Department ofEnvironmental 26 

### Quality (ADEQ) to preside atthis 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 of2006 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. 21 

### The purposes ofthis proceeding are to provide the public with an opportunity to: (I) hear aboutthe 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 of2006 PM 2.5 13 

### NationalAmbientAir Quality Standards, 1997

### PM 2.5

### NationalAmbientAir Quality 14 

### Standards, and 1997 

### 8-Hour Ozone NationalAmbientAir 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, youjust 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 ifsent 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 ofEnvironmental

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 abriefoverview ofthe
11 

### proposed revision to the state implementation plan.

13 

### Second, I will conduct a question and answer period. The purpose ofthe 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 thatI 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 commentperiod ofthis proceeding. 23 24 

### Atthis time, John Englander 

### will give a briefoverview ofthe proposal. 25 26 27 3



### Appendix 

### 04, P. 

### 41 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 ofthese SIPs must address certain basic elements orthe "infrastructure" ofits
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 oftheNAAQS.
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 offailure to submit" for Arizona. Arizona was able, however, 23 to submit by the September 18, 2008, deadline an 

### Analysis ofClean Air Act 24 

### Section 110(a)(2) Air Quality Control Program ElementsforArizonafor the 1997 25 

### PM 2.5 

### National Ambient Air Quality Standards. The analysis demonstrated that, 26 with minor exceptions, existing Arizona SIP elements andthe 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 September21,2009, 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 

### commentperiod? 18 19 

### Seeing none, this concludes the question and answer period ofthis 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. 66 

### Hearing none, this concludes the oral commentperiod 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 

### Ifyou 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

### (This Page Intentionally LeftBlank)

### Appendix D.S 

### Responsiveness Summary

### (Fhis Page Intentionally LeftBlank)

### 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 AirAct Section 110(a)(1) and (2): 

### Implementation of 2006PM2.5 NationalAmbientAir 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 ofthe 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 correctedto more accurately reflect the requirements ofthe CAA. 2) On Page 11, a more detailed description ofthe applicability ofArizona 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 ofArizona recommendations for the 2006 24-hourPM2.5 

### attainmentlnonattainmentdesignations 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 ofvisibility 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.
AppendixD5, P. 1