The Acting EPA Regional Administrator, Alexis Strau ss signed the following rule on February 19, 2015 a nd EPA is

submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accu racy of this version of this rule, it is not the official versio n. Please refer to the official version in a forthc oming FR publication appearing on the Government Printing Office website , http://fdsys.gpo.gov/fdsys/search/home.action , and on www.regulations.gov in Docket Number EPA-R09-OAR-2014-0258.
Billing Code: 6560-50-P ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 [EPA-R09-OAR-2014-0258; FRL-______ Approval and Promulgation of State Implementation P lans; Arizona; Infrastructure Requirements for the 2008 L ead (Pb) and the 2008 8-Hour Ozone National Ambient Air Quality Standards (NAAQS)
AGENCY : Environmental Protection Agency (EPA).
ACTION : Final rule.
SUMMARY : The Environmental Protection Agency (EPA) is appr oving State Implementation Plan (SIP) revisions submitted by the State of Arizona to address the requirements of section 1 10(a)(1) and (2) of the Clean Air Act (CAA) for the 2008 Lead (P b) and 2008 ozone national ambient air quality standards (NAAQS ). Section 110(a) of the CAA requires that each State adopt an d submit a SIP for the implementation, maintenance, and enforc ement of each NAAQS promulgated by EPA. We refer to such SIP revi sions as "infrastructure" SIPs because they are intended to address basic structural SIP requirements for new or revised NAAQ S including, but not limited to, legal authority, regulatory str ucture, resources, permit programs, monitoring, and modelin g necessaryThis document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

2 to assure attainment and maintenance of the standar ds. In addition, we are approving several state provisions addressing CAA conflict of interest and monitoring requirement s into the Arizona SIP. DATES: This final rule is effective on [ Insert date 30 days from date of publication ]. ADDRESSES: EPA has established a docket for this action, identified by Docket ID Number EPA-R09-OAR-2014-025 8. The index to the docket for this action is available electron ically at http://www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne, San Francisco, California. While all doc uments in the docket are listed in the index, some information ma y be publically available only at the hard copy location (e.g., copyrighted material) and some may not be publicall y available in either location (e.g., confidential business inf ormation (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the c ontact listed directly below. FOR FURTHER INFORMATION CONTACT : Jeffrey Buss, Office of Air Planning, U.S. Environmental Protection Agency, Reg ion 9, (415) 947-4152, e-mail: buss.jeffrey@epa.gov. SUPPLEMENTARY INFORMATION : Throughout this document, the terms “we,” “us,” and “our” refer to EPA. TABLE OF CONTENTSThis document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

3 I. Background II. EPA’s Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background CAA section 110(a)(1) requires each state to submit to EPA, within three years after the promulgation of a prim ary or secondary NAAQS or any revision thereof, an infrast ructure SIP revision that provides for the implementation, main tenance, and enforcement of such NAAQS. Section 110(a)(2) sets t he content requirements of such a plan, which generally relate to the information and authorities, compliance assurances, procedural requirements, and control measures that constitute the "infrastructure" of a state's air quality managemen t program. These infrastructure SIP elements required by secti on 110(a)(2) are as follows:

• Section 110(a)(2)(A): Emission limits and other con trol

measures.

• Section 110(a)(2)(B): Ambient air quality monitorin g/data system.This document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

4 • Section 110(a)(2)(C): Program for enforcement of co ntrol measures and regulation of new and modified station ary

sources.

• Section 110(a)(2)(D)(i): Interstate pollution trans port.

• Section 110(a)(2)(D)(ii): Interstate and internatio nal pollution abatement.

• Section 110(a)(2)(E): Adequate resources and author ity, conflict of interest, and oversight of local and re gional government agencies.

• Section 110(a)(2)(F): Stationary source monitoring and reporting.

• Section 110(a)(2)(G): Emergency episodes.

• Section 110(a)(2)(H): SIP revisions.

• Section 110(a)(2)(J): Consultation with government officials, public notification, PSD, and visibility protection.

• Section 110(a)(2)(K): Air quality modeling and subm ittal of modeling data.

• Section 110(a)(2)(L): Permitting fees.

• Section 110(a)(2)(M): Consultation/participation by affected local entities. Two elements identified in section 110(a)(2) are no t governed by the three-year submittal deadline of se ctionThis document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

5 110(a)(1) and are therefore not addressed in this a ction. These two elements are: (i) section 110(a)(2)(C) to the e xtent it refers to permit programs required under part D (no nattainment NSR), and (ii) section 110(a)(2)(I), pertaining to the nonattainment planning requirements of part D. As a result, this action does not address infrastructure for the nona ttainment NSR portion of section 110(a)(2)(C) or the whole of sec tion 110(a)(2)(I). On November 12, 2008, the U.S. Environmental Protec tion Agency (EPA) issued a revised NAAQS for Pb. 1 This action triggered a requirement for states to submit an inf rastructure SIP to address the applicable requirements of secti on 110(a)(2) within three years of issuance of the revised NAAQS . On October 14, 2011, EPA issued “Guidance on Section 110 Infra structure SIPs for the 2008 Pb NAAQS”, referred to herein as EPA’s 2011 Pb Guidance. 2 Depending on the timing of a given submittal, some states relied on the earlier draft version of this guidance, referred to herein as EPA’s 2011 Draft Pb Guidance. 3 EPA issued

1 73 FR 66964 (November 12, 2008). The 1978 Pb stand ard (1.5 μg/m 3 as a quarterly average) was modified to a rolling 3 mont h average not to be exceeded of 0.15 μg/m 3 . EPA also revised the secondary NAAQS to 0.15 μg/m 3 and made it identical to the revised primary standard. Id. 2 See Memorandum from Stephen D. Page, Director, Off ice of Air Quality Planning and Standards, to Regional Air Division Di rectors, Regions 1-10 (October 14, 2011). 3 “DRAFT Guidance on SIP Elements Required Under Sec tions 110(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS),” June 17, 2011 version.This document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

6 additional guidance on infrastructure SIPs on Septe mber 13, 2013. 4 On March 27, 2008, EPA issued a revised NAAQS for 8 -hour
Ozone. 5 This action triggered a requirement for states to submit an infrastructure SIP to address the applicable req uirements of section 110(a)(2) within three years of issuance of the revised NAAQS. EPA did not, however, prepare guidance at th is time for states in submitting I-SIP revisions for the 2008 O zone NAAQS. 6 On September 13, 2013, EPA issued “Guidance of Infr astructure State Implementation Plan (SIP) Elements under Clea n Air Act Sections 110(a)(1) and 110(a)(2),” which provides a dvice on the development of infrastructure SIPs for the 2008 ozo ne NAAQS (among other pollutants) as well as infrastructure SIPs for new or revised NAAQS promulgated in the future. 7 The Arizona Department of Environmental Quality (AD EQ) has submitted several infrastructure SIP revisions purs uant to EPA’s

4 See Memorandum dated September 13, 2013 from Stephen D. Page, Director, EPA Office of Air Quality Planning and Standards, to Re gional Air Directors, EPA Regions 1-10, “Guidance on Infrastructure State Imp lementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)” (referred to herein as “2013 Infrastructure SIP Guidance”). 5 73 FR 16436 (March 27, 2008). 6 Preparation of guidance for the 2008 Ozone NAAQS w as postponed given EPA’s reconsideration of the standard. See 78 FR 34183 (J une 6, 2013). 7 See Memorandum dated September 13, 2013 from Steph en D. Page, Director, EPA Office of Air Quality Planning and Standards, to Re gional Air Directors, EPA Regions 1-10, “Guidance on Infrastructure State Imp lementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)” (referred to herein as “2013 Infrastructure SIP Guidance”).This document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

7 promulgation of the NAAQS addressed by this propose d rule, including the following:

• October 14, 2011 – “Arizona State Implementation Pl an Revision under Clean Air Act Section 110(a)(1) and (2); 2008 Lead NAAQS,” to address all of the CAA section 110(a)(2) requirements, except for section 110(a)(2)(G), 8 for the 2008 Pb NAAQS (2011 Pb I-SIP Submittal).

• December 27, 2012 - “Arizona State Implementation P lan Revision under Clean Air Act Section 110(a)(1) and (2); 2008 8-hour Ozone NAAQS,” to address all of th e CAA section 110(a)(2) requirements for the 2008 8-h our Ozone NAAQS (2012 Ozone I-SIP Submittal).

• December 6, 2013 - “Submittal of Maricopa County Ru le 100 revising the Maricopa County Portion of the Arizona State Implementation Plan for Section 110(a)(2) Infrastructure” from Eric Massey, Directo r of ADEQ (2013 Maricopa County Submittal). Maricopa County Rule 100 was submitted to address a deficien cy in section 110(a)(2)(E)(ii) of the SIP for Maricopa

8 In a separate rulemaking, EPA fully approved Arizo na’s SIP to address the requirements regarding air pollution emergency epis odes in CAA section 110(a)(2)(G) for the 1997 8-hour ozone NAAQS. 77 F R 62452 (October 15, 2012). Although ADEQ did not submit an analysis of Section 110(a)(2)(G) requirements, we discuss them in our TSD, which is in the docket for this rulemaking.This document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

8 County concerning conflict of interest requirements for hearing boards.

• December 19, 2013 - “Submittal of Pima County Rules revising the Pima County Portion of the Arizona Sta te Implementation Plan for Section 110(a)(2) Infrastructure” from Eric Massey, Director of ADEQ (2013 Pima County Submittal). This submittal includ ed Pima County Rule 17.04.190 “Composition,” adopted September 28, 1993; Pima County Rule 17.12.040 “Reporting for Compliance Evaluations,” adopted September 28, 1993; and Pima County Rule 17.24.040 “Reporting Requirements,” adopted April 19, 2005 fo r inclusion into the Arizona SIP. These rules were submitted to address deficiencies in section 110(a)(2)(E)(ii) of the SIP concerning conflict of interest requirements for hearing boards and sectio n 110(a)(2)(F) of the SIP concerning stationary sourc e monitoring and reporting.

• September 4, 2014 – “Submittal of Pinal County Rule 1- 3-140 Revising the Pinal County Portion of the Ariz ona State Implementation Plan for Section 110(a)(2) Infrastructure” from Eric Massey, Director of ADEQ (2014 Pinal County Submittal). This submittal inclu dedThis document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

9 Pinal County Rule 1-3-140 “Definitions,” adopted Ju ly 23, 2014 for inclusion into the Arizona SIP. Pinal County Rule 1-3-140 was submitted to address a deficiency in section 110(a)(2)(E)(ii) of the SIP f or Pinal County concerning conflict of interest requirements for hearing boards. II. EPA’s Response to Comments The public comment period on EPA’s proposed rule op ened on November 24, 2014, the date of its publication in t he Federal Register at 79 FR 69796, and closed on December 24, 2014. Du ring this period, EPA did not receive any comments. III. Final Action Under CAA section 110(k)(3) and based on the evalua tion and rationale presented in the proposed rule, the t echnical support document and this final rule, EPA is approv ing the 2011 Pb I-SIP Submittal, the 2012 Ozone I-SIP Submittal, the 2013 Maricopa County Submittal, the 2013 Pima County Sub mittal and the 2014 Pinal County Submittal with respect to the following infrastructure SIP requirements:

• Section 110(a)(2)(A): Emission limits and other con trol

measures.

• Section 110(a)(2)(B): Ambient air quality monitorin g/data system.This document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

10 • Section 110(a)(2)(E): Adequate resources and author ity, conflict of interest, and oversight of local and re gional government agencies.

• Section 110(a)(2)(F): Stationary source monitoring and reporting.

• Section 110(a)(2)(G): Emergency episodes.

• Section 110(a)(2)(H): SIP revisions.

• Section 110(a)(2)(L): Permitting fees.

• Section 110(a)(2)(M): Consultation/participation by affected local entities. In addition, we are approving into the SIP certain regulatory provisions included in the 2013 Pima Cou nty and Maricopa County Submittals, and in the 2014 Pinal C ounty Submittal, as discussed in the TSD. 9 We are not acting today on those elements of the infrastructure SIP that address the requirements of sections 110(a)(2)(C), (D), (J) and (K) of the Act. On Octob er 29, 2012, ADEQ submitted “New Source Review State Implementat ion Plan Submission” and on July 2, 2014 submitted “Suppleme ntal Information to 2012 New Source Review State Impleme ntation Plan Submission”. These submissions address the permitti ng portions

9 Copies of these Arizona county regulations are inc luded in the 2013 Pima County and Maricopa County Submittals, and 2014 Pin al County Submittal, which are available in the docket for this action and onl ine at http://regulations.gov , docket number EPA-R09-OAR-2014-0258.This document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

11 of I-SIP elements in sections 110(a)(2)(C), (D), (J ) and (K) of the Act and will be addressed in a subsequent rulem aking. Section 110(l) of the Act prohibits EPA from approv ing any SIP revision that would interfere with any applicab le requirement concerning attainment and reasonable fu rther progress (RFP) or any other applicable requirement of the Act. All of the elements of the infrastructure SIP that we are approving, as explained in the TSD, improve the SIP by replacing obsolete statutes or regulations and by updating th e state and local agencies’ SIP implementation and enforcement authorities. We have determined that our approval of the element s discussed above complies with CAA section 110(l) because the SIP revision would not interfere with the on-going process for e nsuring that requirements for RFP and attainment of the NAAQS ar e met, and the SIP revision clarifies and updates the SIP. Our TSD contains a more detailed discussion of our evaluation. IV. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporatio n by reference. In accordance with requirements of 1 CF R 51.5, the EPA is proposing to incorporate by reference the Ar izona Regulations described in the proposed amendments to 40 CFR part 52 set forth below. The EPA has made, and will con tinue to make, these documents generally available electroni cally throughThis document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

12 www.regulations.gov and/or in hard copy at the appr opriate EPA office (see the ADDRESSES section of this preamble for more information). V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is requi red to approve a SIP submission that complies with the pro visions 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 mee t the criteria of the Clean Air Act. Accordingly, this ac tion merely proposes to approve state law as meeting Federal re quirements 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 Execut ive 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 Re gulatory Flexibility Act (5 U.S.C. 601 et seq.);This document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

13 • does not contain any unfunded mandate or signific antly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 10 4-4); • does not have Federalism implications as specifie d in Executive Order 13132 (64 FR 43255, August 10, 1999 ); • is not an economically significant regulatory act ion based on health or safety risks subject to Executive Orde r 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) o f 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 A ir Act; and • does not provide EPA with the discretionary autho rity to address, as appropriate, disproportionate human hea lth or environmental effects, using practicable and legall y permissible methods, under Executive Order 12898 (5 9 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian res ervation land or in any other area where EPA or an Indian tr ibe has demonstrated that a tribe has jurisdiction. In tho se areas of Indian country, the rule does not have tribal impli cations andThis document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

14 will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Ord er 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relat ions, Ozone, Lead, Reporting and recordkeeping requirements.

Dated: February 19, 2015 __________/s/_____________

___ Alexis Strauss, Acting Regional Administrator, Region IX.This document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

15 Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52 - [AMENDED] 1. The authority citation for Part 52 continues to read as follows: AUTHORITY: 42 U.S.C. 7401 et seq. Subpart D – Arizona 2. Section 52.120 is amended by adding paragraphs (c)(166), (c)(167), (c)(168), (c)(169) and (c)(170) to read a s follows: Section 52.120 Identification of plan.
* * * * * (c) * * * (166) The following plan was submitted on October 1 4, 2011, by the Governor’s designee. (i) [Reserved] (ii) Additional materials. (A) Arizona Department of Environmental Quality. ( 1 ) Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2); Implementation of th e 2008 Lead National Ambient Air Quality Standards, excluding t he appendices. (167) The following plan was submitted on December 27, 2012 by the Governor’s designee. (i) [Reserved].This document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

16 (ii) Additional materials. (A) Arizona Department of Environmental Quality. ( 1 ) Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2); 2008 8-hour Ozone NA AQS, excluding the appendices. (168) The following plan was submitted on December 6, 2013 by the Governor’s designee. (i) Incorporation by reference. (A) Maricopa County Air Quality Department. ( 1 ) Maricopa County Rule 100, section 108 (“Definitio ns: Hearing Board”), effective date September 25, 2013.

(169) The following plan was submitted on December 19, 2013 by the Governor’s designee. (i) Incorporation by reference. (A) Pima County Department of Environmental Quality
. ( 1 ) Pima County Rule 17.04.190 (“Composition”), effec tive on September 28, 2013; Pima County Rule 17.24.040 (“Re porting for Compliance Evaluations”), effective on September 28 , 2013; and Pima County Rule 17.12.040 (“Reporting Requirements ”), effective on April 19, 2005.

(170) The following plan was submitted on September 4, 2014 by the Governor’s designee.This document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

17 (i) Incorporation by reference. (A) Pinal County Air Quality Department. ( 1 ) Pinal County Rule 1-3-140, section 74 (“Definitio ns: Hearing Board”), effective on July 23, 2014.
* * * * * (4) Section 52.123 is amended by revising paragraph s (l), (m) and (n) and adding paragraphs [o] and [p] to read a s follows:
* * * * * Section 52.123 Approval status.
* * * * * (l) 1997 8-hour ozone NAAQS: The SIPs submitted on October 14, 2009 and August 24, 2012 are fully or partially dis approved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(ii), (J) and (K) for all portions of the Arizona SIP. (m) 1997 PM

2.5 NAAQS: The SIPs submitted on October 14, 2009 and August 24, 2012 are fully or partially disappro ved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(ii), (J) a nd (K) for all portions of the Arizona SIP. (n) 2006 PM

2.5 NAAQS: The SIPs submitted on October 14, 2009 and August 24, 2012 are fully or partially disappro ved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II) (in terfere with measures in any other state to prevent significant deterioration of air quality), (D)(ii), (J) and (K) for all porti ons of the Arizona SIP.This document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss o n February

19, 2015. We have taken steps to ensure the accurac y of this version, but it is not the official versi on.

18 [o] 2008 8-hour ozone NAAQS: The SIPs submitted on October 14, 2011, December 27, 2012, December 6, 2013, December 19, 2013 and September 4, 2014 are fully approved for Clean Air Act (CAA) elements 110(a)(2)(A), (B), (E), (F), (G), (H), (L) and (M) for all portions of the Arizona SIP. [p] 2008 Lead (Pb) NAAQS: The SIPs submitted on October 14, 2011, December 27, 2012, December 6, 2013, December 19, 2013 and September 4, 2014 are fully approved for Clean Air Act (CAA) elements 110(a)(2)(A), (B), (E), (F), (G), (H), (L) and (M) for all portions of the Arizona SIP.
* * * * *