The EPA Acting Regional Administrator, Keith Takata, signed the following proposed rule on 03/29/2012, and EPA 

is submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accuracy of 

this Internet version of the rule, it is not the official version of the rule for purposes of public comment. Please refer 

to the official version in a forthcoming FR publication, which will appear on the Government Printing Office's 

FDsys website (http://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov 

(http://www.regulations.gov) in Docket No. EPA-R09-OAR-2012-0244. Once the official version of this document 

is published in the FR, this version will be removed from the Internet and replaced with a link to the official version. 

Billing Code: 6560-50-P

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR part 52 

[EPA-R09-OAR-2012-0244; FRL-_________] 

Approval and Promulgation of Implementation Plans; State of 

Arizona; Prevention of Air Pollution Emergency Episodes 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve the State Implementation 

Plan (SIP) revision submitted by the State of Arizona to address 

the requirements regarding air pollution emergency episodes in 

Clean Air Act (CAA or Act) section 110(a)(2)(G). Section 

110(a)(2)(G) of the Act requires that each SIP provide for 

authority comparable to that in section 303 of the Act and 

adequate contingency plans to implement such authority. EPA is 

proposing to approve Arizona’s SIP revision as meeting the 

authority and contingency plans for the 1997 8-hour ozone 

National Ambient Air Quality Standards (NAAQS or standards). 

DATES: Written comments must be received on or before [Insert 

date 30 days after publication in the Federal Register]. 
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This document is a prepublication version, signed by the EPA Acting Regional Administrator, Keith Takata, on 

3/29/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

ADDRESSES: Submit your comments, identified by Docket ID Number 

EPA-R09-OAR-2012-0244, by one of the following methods: 

1. http://www.regulations.gov: Follow the on-line instructions 

for submitting comments. 

2. E-mail: buss.jeffrey@epa.gov

3. Fax: 415-947-3579 

4. Mail or deliver: Jeffrey Buss (AIR-2), U.S. Environmental 

Protection Agency, Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105-3901. Deliveries are only accepted 

during the Regional Office’s normal hours of operation. 

Instructions: All comments will be included in the public 

docket without change and may be made available online at 

http://www.regulations.gov, including any personal information 

provided, unless the comment includes Confidential Business 

Information (CBI) or other information whose disclosure is 

restricted by statute. Information that you consider CBI or 

otherwise protected should be clearly identified as such and 

should not be submitted through http://www.regulations.gov or email. http://www.regulations.gov is an anonymous access system, 

and EPA will not know your identity or contact 

information unless you provide it in the body of your comment. 

If you send email directly to EPA, your e-mail address will be 

automatically captured and included as part of the public 
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This document is a prepublication version, signed by the EPA Acting Regional Administrator, Keith Takata, on 

3/29/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

comment. If EPA cannot read your comment due to technical 

difficulties and cannot contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: Generally, documents in the docket for this action 

are available electronically at www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne Street, San Francisco, 

California. While all documents in the docket are listed at 

www.regulations.gov, some information may be publicly available 

only at the hard copy location (e.g., copyrighted material, 

large maps), and some may not be publicly available in either 

location (e.g., CBI). To inspect the hard copy materials, 

please schedule an appointment during normal business hours with 

the contact listed in the FOR FURTHER INFORMATION CONTACT

section. 

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, Air Planning 

Office (AIR–2), U.S. Environmental Protection Agency, Region IX, 

(415) 947-4152, buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: Throughout this document, the terms 

“we,” “us,” and “our” refer to EPA. 

TABLE OF CONTENTS 

I. Background 

II. EPA’s Evaluation of the SIP Revision 

A. SIP Procedural Requirements 

B. Substantive Emergency Episode Plan Requirements 

C. Sections 110(l) and 193 of the Act 

III. EPA’s Proposed Action 

IV. Statutory and Executive Order Reviews 
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This document is a prepublication version, signed by the EPA Acting Regional Administrator, Keith Takata, on 

3/29/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

I. Background 

On July 18, 1997, EPA promulgated revised primary and 

secondary NAAQS for ozone which set the acceptable level of 

ozone in the ambient air at 0.08 parts per million (ppm), 

averaged over an 8-hour period. 62 FR 38856; 40 CFR 50.10. This 

proposed action is in response to the promulgation of these 

ozone standards. 

Section 110(a)(1) of the CAA requires states to submit SIPs 

to address a new or revised NAAQS within three years after 

promulgation of such standards, or within such shorter period as 

EPA may prescribe. Section 110(a)(2) lists the elements that 

these SIPs must address, as applicable, including section 

110(a)(2)(G) regarding authority to address air pollution 

emergency episodes and adequate contingency plans to implement 

such authority (Emergency Episode Plans). EPA last approved an 

Emergency Episode Plan requirement into the Arizona SIP on 

September 28, 1982. 47 FR 42572. 

On October 2, 2007, EPA issued a guidance memorandum that 

provides recommendations to states for making submissions to 

meet, among other things, the requirements of section 

110(a)(2)(G) for the 1997 8-hour ozone standards. See Memorandum 

from William T. Harnett, EPA Air Quality Policy Division, to Air 

Division Directors, Regions I-X, “Guidance on SIP Elements 
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This document is a prepublication version, signed by the EPA Acting Regional Administrator, Keith Takata, on 

3/29/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

Required Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 National Ambient Air Quality Standards,” October 

2, 2007 (2007 Guidance). 

This proposed action addresses only Arizona’s submittal to 

satisfy the Emergency Episode Plan requirements of CAA section 

110(a)(2)(G) and does not apply to the remaining 

“infrastructure” SIP elements of CAA section 110(a)(2) for the 

1997 8-hour ozone NAAQS. We intend to evaluate and act upon 

Arizona’s SIP submittal addressing these additional requirements 

of CAA section 110(a)(2) for the 1997 8-hour ozone NAAQS in 

separate actions. 

II. EPA’s Evaluation of the SIP Revision 

A. SIP Procedural Requirements 

CAA sections 110(a)(1) and (2) and section 110(l) require 

that each revision to a SIP be adopted by the state after 

reasonable notice and public hearing. EPA has promulgated 

specific procedural requirements for SIP revisions in 40 CFR 

part 51, subpart F. These requirements include publication of 

notices, by prominent advertisement in the relevant geographic 

area, of a public hearing on the proposed revisions, a public 

comment period of at least 30 days, and an opportunity for a 

public hearing. 

On August 15, 1994, the Arizona Department of Environmental 

Quality (ADEQ) submitted section 220 of Chapter 2, Title 18 of 
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This document is a prepublication version, signed by the EPA Acting Regional Administrator, Keith Takata, on 

3/29/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

the Arizona Administrative Code (R18-2-220), “Air pollution 

emergency episodes” (hereafter referred to as “Arizona Emergency 

Episode Plan”) to EPA for approval as part of the Arizona SIP.1

ADEQ’s August 15, 1994 submittal includes public process 

documentation for the Arizona Emergency Episode Plan, among 

other regulations. In addition, the SIP revision includes 

documentation of a duly noticed public hearing held on August 9, 

1994 on the proposed version of the Arizona Emergency Episode 

Plan. We find that the process followed by ADEQ in adopting the 

Arizona Emergency Episode Plan complies with the procedural 

requirements for SIP revisions under CAA section 110 and EPA’s 

implementing regulations. 

B. Substantive Emergency Episode Plan Requirements 

Section 110(a)(2)(G) of the CAA requires that each SIP 

provide for authority comparable to that in CAA section 303 

(“Emergency Powers”) and adequate contingency plans to implement 

such authority. EPA’s implementing regulations in 40 CFR part 

51, subpart H (“Prevention of Air Pollution Emergency 

Episodes”), establish a “priority” classification system under 

which each region in a state is classified separately for each 

 

1 See transmittal letter dated August 15, 1994, from Edward Z. Fox, Director, 

ADEQ, to Felicia Marcus, Regional Administrator, U.S. EPA Region IX, with 

attachments. We note that although the subject line of the transmittal letter 

identifies this SIP submittal as related to “New Source Review and Prevention 

of Significant Deterioration (NSR/PSD) Program for Major Sources and Major 

Modifications and New Source Review (NSR) for Minor Sources,” Attachment 6 of 

this submittal includes the Arizona Emergency Episode Plan, which is not 

related to NSR or PSD. 
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This document is a prepublication version, signed by the EPA Acting Regional Administrator, Keith Takata, on 

3/29/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

of the following criteria pollutants, based on ambient 

concentrations of the pollutant: sulfur dioxide (SO2), 

particulate matter of 10 microns or less (PM10), carbon monoxide 

(CO), nitrogen dioxide (NO2), and ozone. Subpart H specifies the 

requirements that each contingency plan must meet, based on the 

priority classification of the area in which it applies. See 40 

CFR 51.152. Subpart H also requires that each contingency plan 

for a “priority I” area provide, at a minimum, for taking action 

necessary to prevent ambient pollutant concentrations at any 

location in such region from reaching specified “significant 

harm levels” (SHL). 40 CFR 51.151. The SHL for ozone is 1,200 

micrograms per cubic meter (ug/m3) or 0.6 ppm over a 2-hour 

average. Id.

EPA's 2007 Guidance addressed, among other things, the CAA 

section 110(a)(2)(G) requirements for the 1997 8-hour ozone 

NAAQS. The 2007 Guidance stated that the SHL for the 1997 8-hour 

ozone NAAQS would remain unchanged as 0.60 ppm over a 2-hour 

average, as indicated in 40 CFR section 51.151, and that the 

existing ozone-related provisions of 40 CFR part 51, subpart H 

remained appropriate for purposes of implementing the 1997 8-

hour ozone standard. See 2007 Guidance at 5. We have evaluated 

the Arizona Emergency Episode Plan in accordance with the 

requirements of 40 CFR part 51, subpart H, as applicable for 

ozone purposes, consistent with EPA’s recommendations in the 
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This document is a prepublication version, signed by the EPA Acting Regional Administrator, Keith Takata, on 

3/29/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

2007 Guidance. Based on this evaluation, we propose to fully 

approve the Arizona Emergency Episode Plan as satisfying the 

requirements of CAA section 110(a)(2)(G) and 40 CFR part 51, 

subpart H, for the 1997 8-hour ozone NAAQS. Our technical 

support document (TSD), which is available in the docket for 

today’s proposed rule, contains a more detailed discussion of 

our evaluation. 

C. Sections 110(l) and 193 of the Act 

Section 110(l) of the Act prohibits EPA from approving any 

SIP revision that would interfere with any applicable 

requirement concerning attainment and reasonable further 

progress (RFP) or any other applicable requirement of the Act. 

Section 193 of the Act prohibits the modification, in a 

nonattainment area, of any SIP-approved control requirement in 

effect before November 15, 1990, unless the modification 

“insures equivalent or greater emissions reductions of such air 

pollutant.” 

The Arizona Emergency Episode Plan is substantively 

identical to the CAA section 110(a)(2)(G) rule currently 

approved into Arizona’s SIP (R9-3-219, “Air pollution emergency 

episodes”), which EPA approved in 1982 (47 FR 42572, September 

28, 1982), with one exception which makes it more stringent than 

the SIP program. We propose to determine that our approval of 

this submittal would comply with CAA section 110(l), because the 
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This document is a prepublication version, signed by the EPA Acting Regional Administrator, Keith Takata, on 

3/29/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

proposed SIP revision would not interfere with the ongoing 

process for ensuring that requirements for RFP and attainment of 

the NAAQS are met, and the submitted SIP revision is more 

stringent than the rule previously approved into the SIP. We 

also propose to determine that our approval of the submittal 

would comply with CAA section 193, to the extent it applies, 

because the SIP revision would insure equivalent or greater 

emission reductions of ozone precursors compared to the SIPapproved rule. Our TSD contains a more detailed discussion of 

our evaluation. 

III. EPA’s Proposed Action 

Under section 110(k) of the Clean Air Act, EPA is proposing 

to approve the SIP revision submitted by ADEQ on August 15, 

1994, as meeting all applicable requirements of the CAA and 

EPA’s regulations for the 1997 8-hour ozone NAAQS. 

EPA is soliciting public comments on this proposal and will 

accept comments until the date noted in the “DATES” section 

above.

V. Statutory and Executive Order Reviews 

Under the Clean Air Act, the Administrator is required to 

approve a SIP submission that complies with the provisions of 

the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role 

is to approve state choices, provided that they meet the 
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This document is a prepublication version, signed by the EPA Acting Regional Administrator, Keith Takata, on 

3/29/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

criteria of the Clean Air Act. Accordingly, this action merely 

proposes to approve state law as meeting Federal requirements 

and does not impose additional requirements beyond those imposed 

by state law. For that reason, this proposed action: 

• is not a "significant regulatory action" subject to review 

by the Office of Management and Budget under Executive 

Order 12866 (58 FR 51735, October 4, 1993); 

• does not impose an information collection burden under the 

provisions of the Paperwork Reduction Act (44 U.S.C. 3501 

et seq.); 

• is certified as not having a significant economic impact on 

a substantial number of small entities under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.); 

• does not contain any unfunded mandate or significantly or 

uniquely affect small governments, as described in the 

Unfunded Mandates Reform Act of 1995 (Public Law 104-4); 

• does not have Federalism implications as specified in 

Executive Order 13132 (64 FR 43255, August 10, 1999); 

• is not an economically significant regulatory action based 

on health or safety risks subject to Executive Order 13045 

(62 FR 19885, April 23, 1997); 

• is not a significant regulatory action subject to Executive 

Order 13211 (66 FR 28355, May 22, 2001); 
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This document is a prepublication version, signed by the EPA Acting Regional Administrator, Keith Takata, on 

3/29/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

• is not subject to requirements of Section 12(d) of the 

National Technology Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note) because application of those 

requirements would be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the discretionary authority to 

address, as appropriate, disproportionate human health or 

environmental effects, using practicable and legally 

permissible methods, under Executive Order 12898 (59 FR 

7629, February 16, 1994). 

In addition, this proposed rule does not have tribal 

implications as specified by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is not approved to apply in 

Indian country located in the state, and EPA notes that it will 

not impose substantial direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52

Air pollution control, Environmental protection, 

Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting 

and recordkeeping requirements, Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

_________________ __________________________________ 
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This document is a prepublication version, signed by the EPA Acting Regional Administrator, Keith Takata, on 

3/29/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

Date Jared Blumenfeld, 

 Regional Administrator, 

Region IX