Janice K. Brewer 

Governor 

'JUN 12D12 

ARIZONA DEPARTMENT 

OF 

ENVIRONMENTAL QUALITY 

1110 West Washington Street • Phoenix, Arizona 85007 

(602) 771-2300 • www.azdeq.gov 

Mr. Jared Blumenfeld, Regional Administrator 

U.S. Environmental Protection Agency, Region IX 

Mail Code ORA-l 

75 Hawthorne Street 

San Francisco, CA 94105 

Henry R. Darwin 

Director 

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

2006 PM2.

5 NAAQS, 1997 PM2.5 NAAQS and 1997 8-hour ozone NAAQS 

Dear Mr. Blumenfeld: 

Consistent with the provisions of Arizona Revised Statutes §§ 49-104,49-106, 49-404, 49-406 and 49-

425 and the Code of Federal Regulations (CFR) Title 40, §§ 51.102 through 51.104, the Arizona 

Department of Environmental Quality (ADEQ) hereby submits to the U.S. Environmental Protection 

Agency (EPA) a supplementto the Arizona State Implementation Plan Revision under Clean Air Act 

Sections 110(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 as a revision to the Arizona State Implementation Plan (SIP). The initial revision was 

submitted on October 14,2009. 

Clean Air Act (CAA) Section 110 (a)(1) requires states to submit SIPs within three years following the 

promulgation of new or revised National Ambient Air Quality Standards (NAAQS) to provide for 

implementation, maintenance, and enforcement of such standards. Each of these SIPs must address 

certain basic elements or the "infrastructure" of its air quality management programs under CAA Section 

110 (a)(2) including provisions for monitoring, emissions inventories, and modeling designed to assure 

attainment and maintenance of the NAAQS. 

The SIP revision includes both existing statutes and rules. In order to expedite approval, ADEQ requests 

approval of the plan by parallel processing of the SIP revision pursuant to 40 C.F.R. Part 51 Appendix V, 

§ 2.3 .1. ADEQ anticipates that it will schedule a public hearing on the revision in July 2012, and hopes to 

submit the final SIP revision to EPA by late August 2012. 

The SIP revision consists of a document demonstrating that the requirements of 40 C.F.R. Part 51 

Appendix V are satisfied, existing statutes being proposed for inclusion in the SIP (Appendix A), existing 

ADEQ rules being proposed for inclusion in the SIP (Appendix B), existing Maricopa County rules being 

proposed for inclusion in the SIP (Appendix C), existing Pima County rules being proposed for inclusion 

Southern Regional Office 

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

(520) 628-6733 

Printed on recycled paper 
Mr. Jarrod Blumenfeld 

Page 2 of2 

in the SIP (Appendix D), and copies of the authorizing statutes cited above (Appendix E). A hard copy of 

the SIP and an electronic exact duplicate of the hard copy on CD are included with this letter. 

Enclosures (2) 

cc: Bill Wiley, Maricopa County Air Quality Department 

Ursula Kramer, Pima County Department of Environmental Quality 

Don Gabrielson, Pinal County Air Quality Department 

Colleen McKaughan, EPA Region IX 

Noah Smith, EPA Region IX 
Proposed Supplement to the Arizona State 

Implementation Plan 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 

Parallel Processing Version 

Air Quality Division 

June 2012 
(This Page Intentionally Left Blank) 
TABLE OF CONTENTS 

TABLE OF CONTENTS ............................................................................ i 

LIST OF APPENDICES ......... '. ................................................................. ii 

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

2.0 CRITERIA ; .......................................................................... 1 

3.0 REGULATORY BACKGROUND ............................................................................. 3 

4.0 SUMMARY AND DISCUSSION OF THE CURRENT SUPPLEMENT TO ARIZONA'S 

"INFRASTRUCTURE'" SIP ........................................................................... 4 

5.0 ANALYSIS OF CLEAN AIR ACT SECTION 110(a)(2) AIR QUALITY 

CONTROL PROGRAM ELEMENTS FOR ARIZONA ............................................................... 21 

5.1 CAA Section 110(a)(2)(A) - Control Measures and Emission Limits ............................. 22 

5.2 CAA Section 110(a)(2)(B) - Ambient Air Quality Monitoring ........................................ 22 

5.3 CAA Section 110(a)(2)(C) - Enforcement of Control Measures ...................................... 23 

5.4 CAA Section 110(a)(2)(D) - Interstate Transport ............................................................ 25 

5.5 CAA Section 11 0(a)(2)(E) - Adequate Resources ............................................................ 25 

5.6 CAA Section 110(a)(2)(F) - Emissions Monitoring and Reporting ................................. 29 

5.7 CAA Section 110(a)(2)(G) - Emergency Powers ............................................................. 30 

5.8 CAA Section 110(a)(2)(H) - Plan Revisions .................................................................... 31 

5.9 CAA Section 110(a)(2)(I) - CAA Title 1, Part D Nonattainment 

Area Requirements ......................................................................... 31 

5.10 CAA Section 110(a)(2)(J) -'- Consultation with Government Officials, 

Public Notification, PSD and Visibility Protection ........................................................... 31 

5.11 CAA Section 11 0(a)(2)(K) - Air Quality Modeling .......................................................... 33 

5.12 CAA Section 11 0(a)(2)(L) - Permit Fees ......................................................................... 33 

5.13 CAA Section 110(a)(2)(M) - Consultation/PartiCipation by 

Affected Local Entities ......................................................................... 34 

6.0 CONCLUSION ...... ; .................................................................. 35 
APPENDICES 

Initial Reference Page 

A. Existing statutes proposed for inclusion in the SIP .......................................................................... 1 

B. Existing ADEQ rules proposed for inclusion in the SIP ................................................................ 10 

C. Existing Maricopa County rules proposed for inclusion in the SIP ............................................... 11 

D. Existing Pima County rules proposed for inclusion in the SIP ...................................................... 11 

E. Copies of the authorizing statutes ......................................................................... 11 

ii 
1.0 INTRODUCTION 

This supplement to the state implementation plan (SIP) provides the necessary documentation and 

authority required to demonstrate that Arizona State and local air quality management programs meet the 

basic program elements required under Clean Air Act (CAA) Sections 11 O(a)(1) and (2) for implementing 

the 2006 PM2.5 National Ambient Air Quality Standards (NAAQS), the 1997PM2.

5 NAAQS, and the 

1997 8-hour ozone NAAQS. This SIP is a supplement to the "Infrastructure" SIP that was submitted on 

October 14, 2009, for the 2006 PM2.5 NAAQS, the 1997 8-hour Ozone NAAQS, and the 1997 PMi.5 

NAAQS. 

ADEQ is seeking parallel processing of this supplement to the SIP under 40 c.P.R. Part 51, Appendix V, 

§ 2.3.i pending completion of the State's public notice and public hearing requirements. ADEQ will 

submit a final version of this SIP revision when public process has been completed. 

Section 2.0 of this document addresses the criteria for an official SIP submission as set forth in 40 C.P.R. 

Part 51, Appendix V. 

2.0 CRITERIA 

See cover letter. 

2.1 Administrative Materials 

2.1(a) A formal letter of submittal from the Governor or [her] designee, 

requesting EPA approval of the plan or revision thereof (hereafter "the 

plan"). 

2.1(b) Evidence that the State has adopted the plan in the State code or 

body of regulations; or issued the permit, order, consent agreement 

(hereafter "document") in final form. 

Copies of the statutes and rules are attached in Appendices A through D. Certified copies will be 

submitted with the final SIP submission. 

2.1(c) Evidence that the State has the necessary legal authority under State 

law to adopt and implement the plan. 

ADEQ is authorized to implement SIPs under Arizona Revised Statutes sections 49-104, 49-106, 49-404, 

49-406 and 49-425, which are attached as Appendix E. 

2.1(d) A copy of the actual regulation, or document submitted for approval 

and incorporation by reference into the plan, including indication of the 

changes made to the existing approved plan, where applicable. 

See Appendices A through D. Tables 4-1 through 4-11 also show the statutes and rules being submitted 

for approval into the SIP. 

2.1(e) Evidence that the State followed all of the procedural requirements 

of the State's laws and constitution in conducting and completing the 

adoption/issuance of the plan. 
Not required for parallel processing version of SIP. See 40 C.F .R. Part 51, Appendix V, § 2.3.1 (d). 

2.1(f) Evidence that public notice was given of the proposed change 

consistent with procedures approved by EPA, including the date of 

publication of such notice. 

Not required for parallel processing version of SIP. See 40 C.F.R. Part 51, Appendix V, § 2.3.1(d). 

2.1(g) Certification that public hearing(s) were held in accordance with the 

information provided in the public notice and the State's laws and 

constitution, if applicable and consistent with the public hearing 

requirements in 40 CFR 51.102. 

Not required for parallel processing version of SIP. See 40 C.F.R. Part 51, Appendix V, § 2.3.1(d). 

2.1(h) Compilation of public comments and the State's response thereto. 

Not required for parallel processing version of SIP. See 40 C.F.R. Part 51, Appendix V, § 2.3.1(d). 

2.2 Technical Support 

PM2.5 and ozone. 

Not applicable. 

Not applicable. 

2.2(a) Identification of all regulated pollutants affected by the plan. 

2.2(b) Identification of the locations of affected sources including the EPA 

attainment/ nonattainment designation of the locations and the status of the 

attainment plan for the affected areas(s). 

2.2(c) Quantification of the changes in plan allowable emissions from the 

affected sources; estimates of changes in current actual emissions from 

affected sources or, where appropriate, quantification of changes in actual 

emissions from affected sources through calculations of the differences 

between certain baseline levels and allowable emissions anticipated as a 

result of the revision. 

2.2(d) The State's demonstration that the national ambient air quality 

standards, prevention of significant deterioration increments, reasonable 

further progress demonstration, and visibility, as applicable, are protected if 

the plan is approved and implemented (Section 110(1) demonstration). 

See below sections 5.3, 5.4 and 5.10. 

2.2(e) Modeling information required to support the proposed revision, 

including input data, output data, models used, justification of model 

selections, ambient monitoring data used, meteorological data used, 

justification for use of off site data (where used), modes of models used, 

assumptions, and other information relevant to the determination of 

2 
Not applicable. 

Not applicable. 

adequacy of the modeling analysis. 

2.2(t) Evidence, where necessary, that emission limitations are based on 

continuous emission reduction technology. 

2.2(g) Evidence that the plan contains emission limitations, work practice 

standards and record keeping/reporting requirements, where necessary, to 

ensure emission levels. 

See below sections S.I, S.2, S.3 and S.6. 

2.2(h) Compliance/enforcement strategies, including how compliance will 

be determined in practice. 

See below sections S.3 and S.S. 

No known deviations. 

2.2(i) Special economic and technological justifications required by any 

applicable EPA policies, or an explanation of why such justifications are not 

necessary. 

3.0 REGULATORY BACKGROUND 

Clean Air Act Section 11 O( a) (1 ) requires states to submit SIPs within three years following the 

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

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

quality management programs under CAA Section 11O(a)(2). These elements, detailed in CAA Sections 

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

designed to assure attainment and maintenance of the NAAQS. 

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

Standards for 8-hour ozone and particulate matter 2.S microns or less in diameter (PM2.5). Subsequent 

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

implementation. I On March 10, 200S, in response to a separate lawsuit over states' failure to submit 

Section 11O(a)(1) and (2) plans for the 1997 standards, EPA entered into a Consent Decree with Earth 

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

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

required SIP component under Section 110(a)(2)(D)(i), by March IS, 200S. On April 2S, 200S, EPA 

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

for the National Ambient Air Quality Standards for 8-Hour Ozone and PM 2.S". (70 FR 21147). The 

April 2S, 200S, finding, effective May 2S, 200S, started a 24-month clock for EPA to either issue a final 

Federal Implementation Plan (FIP) to address the requirements of Section 110(a)(2)(D)(i) or to approve a 

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

1 See Whitman v. American Trucking Associations, U.S. Supreme Court, Nos. 99-1257, 99-1426, February 27, 2001. 

3 
Arizona State Implementation Plan Under Clean Air Act Section 110(a)(2)(D)(i) - Regional Transport on 

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

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

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

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

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

8-hour Ozone and PM2.5 National Ambient Air Quality Standards, October 2, 2007, to assist states as they 

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

Appendix A). . 

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

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

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

Section 1l0(a)(l) 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 of Clean Air Act Section 110(a)(2) Air Quality Control Program Elementsfor 

Arizona for the 1997 P M2.5 National Ambient Air Quality Standards on September 18, 2008. The analysis 

demonstrated that, with the exception of 110(a)(2)(E)(i) and (ii) relating to adequate funding and conflicts 

of interest, and 11O(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 1l0(a)(2) requirements. EPA published "Completeness Findings for Section 110(a) 

State Implementation Plans Pertaining to the Fine Particulate Matter (PM2.5) 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 PM2.5 NAAQS except for Sections 110(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 finalize a 

FIP. 

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

NAAQS for PM2.5 effective December 18, 2006, to improve the protection of public health and welfare 

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

September 21, 2009, to provide for implementation, maintenance, and enforcement of the 2006 PM2.

5 

standards. Arizona submitted a SIP under this action on October 14,2009. 

In the October 14, 2009 submittal, Arizona submitted demonstration that the required Section 1l0(a)(2) 

elements are met, in part, for the 1997 PM2.5 and 8-hour ozone NAAQS. Arizona also submitted 

ademonstration that Section 11O(a)(2) elements for the 2006 PM2.5 NAAQS. After subsequent 

discussions with EPA regarding the October 14, 2009 submittal, Arizona is supplementing the October 

14, 2009 submittal with certified copies of specific statutes and rules, which Arizona has attached in 

Appendices A through D of this supplement. 

4.0 SUMMARY AND DISCUSSION OF THE SUPPLEMENT TO ARIZONA'S 

"INFRASTRUCTURE SIP" 

This document provides the specific statutes and rules, which are the authorities and infrastructure of 

Arizona State and local air quality management programs need to meet the basic program elements 

required under CAA Section 110(a)(2) for the 2006 PM2.5 NAAQS and the requirements for the 1997 8-

hour ozone and PM2.5 NAAQS. 

4 
The statutes and programs described in Section 5.0 are adequate to meet the following requirements of the 

CAA for the 2006 PM2.5 NAAQS, the 1997 8-hour ozone air quality standards, and the 1997 PM2.5 

NAAQS: 

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, 

11O(a)(2)(D), interstate transport (this requirement for the 1997 8-hour ozone NAAQS has 

already been met), 

110(a)(2)(E)(i), adequate fundi,ng, 

11 O( a)(2)(E)(ii), conflicts of interest, 

11O(a)(2)(E)(iii), State responsibility for ensuring adequate implementation of plan 

provisions, 

11O(a)(2)(F), emissions monitoring and reporting, 

1 IO(a)(2)(G) emergency episodes 

1 IO(a)(2)(H), plan revisions, 

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

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

the air quality standards and prevention of significant deterioration and visibility protection, 

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

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

II0(a)(2)(M), consultation/participation by affected local officials. 

Arizona's air quality programs are sufficient at this time to assure attainment and maintenance of the 1997 

8-hour ozone and PM2.5 NAAQS and the 2006 PM2.5 NAAQS in all areas of the State. The purpose of 

this supplement to the SIP is to submit to EPA several of the applicable air quality sections of Arizona 

Revised Statutes, ADEQ rules, Maricopa County Rules, and Pima County Rules, which have been 

amended and renumbered since the most recent approval of the SIP. Some of the statutes were not 

included in the original SIP submission, but are being provided in this Supplement in order to give 

additional information that may further satisfy requirements under CAA section 1 IO(a)(2). 

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

programs, but have not been submitted or approved into the SIP prior to this supplement. These program 

improvement statutes, listed below, are included in this SIP supplement in Appendix A as Statutes to be 

approved into the federally enforceable Arizona State SIP. 

28-1253. Registration requirement; exceptions; assessment; violation; classification, 

35-313. Investment oftrust and treasury monies; loan of securities, 

38-101. Definitions, 

38-501. Application of article, 

38-502. Definitions, 

38-503. Conflict of interest; exemptions; employment prohibition, 

38-504. Prohibited acts, 

38-505. Additional income prohibited for services, 

38-506. Remedies, 

38-507. Opinions of the attorney general, county attorneys, city or town attorneys and house and senate 

ethics committee, 

38-508. Authority of public officers and employees to act, 

38-509. Filing of disclosures, 

38-510. Penalties, 

5 
38-511. Cancellation of political subdivision and state contracts; definition, 

49-103. Departmvnt employees; legal counsel, 

49-106. Statewide application of rules, 

49-107. Local delegation of state authority, 

49-405. Attainment area designations, 

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

49-435. Hearings on orders of abatement, 

49-441. Suspension and revocation of conditional order, 

49-455. Permit administration fund, 

49-460. Violations; production of records, 

49-461. Violations; order of abatement, 

49-462. Violations; injunctive relief, 

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

49-471. Definitions, 

49-476.01. Monitoring, 

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

49-480.02. Appeals of permit actions, 

49-490. Hearings on orders of abatement, 

49-495. Suspension and revocation of conditional order, 

49-502. Violation; classification, 

49-510. Violations; production of records, 

49-511. Violations; order of abatement, 

49-512. Violations; injunctive relief, and 

49-514. Violation; classification; definition. 

There are also a few statutes and rules that have already been approved into the Arizona SIP. 2, ADEQ 

will not be submitting copies of these statutes with this Supplement since they are already approved into 

the Arizona SIP, but wanted to reference them as they are important to the approval of the October 14, 

2009 "Infrastructure" SIP: . 

49-402 State and. county control3

, 

49-404 State implementation plan, and 

49-406 Nonattainment area plan 

49-543. Emissions inspection costs; disposition; fleet inspection; certificates 

49-544. Emissions inspection costs; disposition; fleet inspection; certificates 

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

R9-3-215. Ambient Air Quality Monitoring Methods & Procedures 

R9-3-219. Air Pollution Emergency Episodes 

Tables 4-1 through 4-11, provided below, show which statute or rule ADEQ is asking to be incorporated 

into the Arizona SIP, which sections of those statutes are relevant to which section of the CAA, and 

which Statute or rule will be replaced in the SIP. All Statutes and rules are listed in Section 5.0 under each 

respective section of the CAA to which they relate. Provisions applicable solely to Title V sources are 

not submitted for approval into the Arizona SIP, as they have already been approved into Arizona's 

separate Title V Operating Permit Program. 

2 Approval dates and Federal Register Notices are cited in tables 4-1 through 4-11. 

3 Additionally, ADEQ would like to remove the old version of ARS § 49-402, § 36-1706 State and county control, 

which still remains in the Arizona SIP. This action is reflected in Tables 4-1 through 4-11 

6 
Table 4-1 

CAA 110(a)(2)(A) 

Control Measures and Emission Limits 

ADEQ Proj!rams 

Statute/Rule Relevant Sections 

§ 49-106 Statewide application 

of rules 

§ 49-107 Local delegation of 

state authority 

§ 49-402 State and county 

control4 

§ 49-404 State implementation 

plan5 

§ 49-406 Nonattainment area 

plan6 

§ 49-421 Definitions 

§ 49-424 Duties of department 

§ 49-425 Rules; hearing 

§ 49-426 Permits; duties of All sections except (E)( 1), (1)( 1), 

director; exceptions; (1)(2), (1)(3), (1)(4), (1)(5), (J), 

applications; objections; fees (M), (N) 

Couuty Programs 

§ 49-471 Definitions 

§ 49-473 Board of supervisors 

§ 49-479 Rules; hearing 

§ 49-480 Permits; fees All sections except (D)(1), (G), 

(H) 

4 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

5 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353) .. 

6 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

7 

SIP StatutelRule Replaced 

§ 36-1706 State and county 

control 

§ 36-1701 Definitions 

§ 36-1705 Duties of department 

§ 36-1707 Rules and 

Regulations; Hearing; 

Limitations 

§ 36-1707.01 Permits; 

Exceptions; Applications; Fees 

§ 36-0773 Board of Supervisors 

§ 36-0779 Rules and regulations; 

hearing; limitations 

§ 36-0779.01 Permits; 

exceptions; applications; fees 
Table 4-2 

CAA 110(a)(2)(B) 

Ambient Air Quality Monitoring 

ADEQ Programs 

Statute/Rule Relevant Sections 

§ 49-404 State implementation 

plan7 

§ 49-406 Nonattainment area (F)(11) 

plan8 

§ 49-422 Powers and duties (A), (B), (C), (E), and (F) 

§ 49-424 Duties of department 

§ 49-432 Classification and (B) 

reporting; confidentiality of 

records 

County Programs 

§ 49-476.01 Monitoring 

§ 49-487 Classification and (B) 

reporting; confidentiality of 

records 

7 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

8 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

8 

SIP Statute/Rule Replaced 

§ 36-1702 Powers 

§ 36-1705 Duties of department 

§ 36-1708 Classification and 

reporting; production of records; 

confidentiality of records; 

violation; penalty 

§ 36-0780 Classification and 

reporting; production of records; 

confidentiality of records; 

violation; penalty 
Table 4-3 

CAA 110(a)(2)(C) 

Enforcement of Control Measures 

ADEQ Programs 

Statute/Rule Relevant Sections 

§ 49-103 Department employees; 

legal counsel 

§ 49-106 Statewide application 

of rules 

§ 49-107 Local delegation of 

state authority 

§ 49-402 State and county All sections but (A)(8) 

control9 

§ 49-404 State implementation 

plan to 

§ 49-406 Nonattainment area (G)(1), (G)(2), and (G)(3) 

planll 

§ 49-422 Powers and duties 

§ 49-424 Duties of de~artment 

§ 49-425 Rules; hearing 

§ 49-426 Permits; duties of All sections except (E)(1), 

director; exceptions; (1)(1)(2)(3)(4)(5), (J), (M), (N) 

applications; objections; fees 

§ 49-426.01 Permits; changes (B)(C) 

within a source; revisions 

§ 49-433 Special inspection 

warrant 

§ 49-435 Hearings on orders of 

abatement 

§ 49-441 Suspension and 

revocation of conditional order 

§ 49-460 Violations; production 

of records 

§ 49-461 Violations; order of 

abatement 

§ 49-462 Violations; injunctive 

relief 

§ 49-463 Violations; civil 

penalties 

§ 49-464 Violation; 

classification; penalties; 

definition 

§ 49-501 Unlawful open burning; 

9 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

10 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

11 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

9 

SIP Statute/Rule Replaced 

§ 36-1706 State and county 

control 

§ 36-1702 Powers 

§ 36-1705 Duties of department 

§ 36-1707 Rules and regulations; 

hearing; limitations 

§ 36-1707.01 Permits; 

exceptions; applications; fees 

§ 36-1707.01 Permits; 

exceptions; applications; fees 

§ 36-1708.01 Special 

§ 36-1720 Misdemeanor; penalty 

§ 36-0789 Unlawful open 
exceptions; civil penalty; burning; exceptions; violation; 

definition penalty 

County Proerams 

§ 49-473 Board of supervisors § 36-0773 Board of supervisors 

§ 49-480 Permits; fees All sections except (D)(1), (G), § 36-0779.01 Permits; 

(H) exceptions; applications; fees 

§ 49-480.01 Permits; changes (B) and (C) 

within a source; revisions 

§ 49-488 Special inspection § 36-0780.01 Special inspection 

warrant warrant 

§ 49-490 Hearings on orders of 

abatement 

§ 49-495 Suspension and 

revocation of conditional order 

§ 49-501 Unlawful open burning; (D) § 36-0789 Unlawful open 

exceptions; civil penalty; burning; exceptions; violation; 

definition penalty 

§ 49-502 Violation; classification (A), (B), and (C) 

§ 49-510 Violations; production 

of records 

§ 49-511 Violations; order of 

abatement 

§ 49-512 Violations; injunctive 

relief 

§ 49-513 Violations; civil § 36-0789.01 Misdemeanor; 

penalties penalty 

§ 49-514 Violation; 

classification; definition 

10 
Table 4-4 

eAA 110(a)(2)(E) 

Adequate Resources 

eAA llO(a)(2)(E)(i) 

ADEQ Pr02rams 

StatutelRule Relevant Sections 

§ 28-1253. Registration 

requirement; exceptions; 

assessment; violation; 

classification 

§ 35-313. Investment of trust and 

treasury monies; loans and 

securities 

§ 49-103 Department employees; 

legal counsel 

§ 49-402 State and county 

control 

§ 49-406 Nonattainment area 

plan 

§ 49-426 Permits; duties of All sections except (E)( 1), (1)( 1), 

director; exceptions; (1)(2), (1)(3), (1)(4), (1)(5), (J), 

applications; objections; fees (M), (N) 

§ 49-455 Permit administration All sections except (B)(i) (C), 

fund (D) 

§ 49-501 Unlawful open burning; 

exceptions; civil penalty; 

definition 

§ 49-543. Emissions inspection (A) 

costs; disposition; fleet 

inspection; certificates 

§ 49-544 Emissions inspection 

fund; composition; authorized 

expenditures; exemptions; 

investmene 2 

§ 49-551 Air quality fee; air 

quality fund; purpose\3 

County Programs 

§ 49-471 Definitions 

§ 49-476 Authorization to accept 

funds or grants 

§ 49-478. Hearing board 

§ 49-479 Rules; hearing 

§ 49-480 Permits; fees All sections except (D)(1), (G), 

(H) 

12 Approved into the Arizona SIP on 1/22/2003 (68 FR 2912). 

\3 Approved into the Arizona SIP on 1122/2003 (68 FR 2912). 

11 

SIP Statute/Rule Replaced 

§ 36-1706 State and county 

control 

§ 36-1707.01 Permits; 

exceptions; applications; fees 

§ 36-0789 Unlawful open 

burning; exceptions; violation; 

penalty 

§ 36-0776 Authorization to 

accept funds or grants 

§ 36-0778 Hearing board 

§ 36-0779 Rules and regulations; 

hearing; limitations 

§ 36-0779.01 Permits; 

exceptions; applications; fees 
§ 49-480.01 Permits; changes (B)(C) 

within a source; revisions 

§ 49-480.02 Appeals of permit 

actions 

§ 49-482. Appeals to hearing 

board 

CAA llO(a)(2)(E)(ii) 

ADEQ and CounJy Programs 

Statute/Rule Relevant Sections 

§ 38-101 Definitions 

§ 38-501 Application of article 

§ 38-502 Definitions 

§ 38-503 Conflict of interest; 

exemptions; employment 

prohibition 

§ 38-504 Prohibited acts 

§ 38-505 Additional income 

prohibited for services 

§ 38-506 Remedies 

§ 38-507 Opinions of the 

attorney general, county 

attorneys, city or town attorneys . 

and house and senate ethics 

committee 

§ 38-508 Authority of public 

officers and employees to act 

§ 38-509 FilinE of disclosures 

§ 38-510 Penalties 

§ 38-511 Cancellation of political 

subdivision and state contracts; 

definition 

CAA llO(a)(2)(E)(iii) 

Statute/Rule Relevant Sections 

§ 49-107 Local delegation of 

state authority 

§ 49-402 State and county (A)(1) through (A)(7)), (B), (C), 

control 14 

§ 49-404 State implementation 

planl5 

§ 49-406 Nonattainment area (C), (D), (E), (I), (1), (K) 

planl6 

§ 49-501 Unlawful open burning; (D) 

exceptions; civil penalty; 

definition 

14 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

IS Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

16 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

12 

§ 36-0779.03 Appeals to hearing 

board 

SIP Statute/Rule Reclaced 

SIP Statute/Rule Replaced 

§ 36-1706 State and county 

control 

§ 36-0789 Unlawful open 

burning; exceptions; violation; 

penalty 
Table 4-5 

CAA 110(a)(2)(F) 

Emission Monitoring and Reporting 

ADEQ Pr«!grams 

Statute/Rule Relevant Sections SIP Statute/Rule Replaced 

§ 49-422 Powers and duties § 36-1702 Powers 

§ 49-426 Permits; duties of All sections except (E)( 1), § 36-1707.01 Permits; 

director; exceptions; (1)(1)(2)(3)(4)(5), (J), (M), (N) exceptions; applications; fees 

applications; objections; fees 

§ 49-432 Classification and (A) and (B) § 36-1708 Classification and 

reporting; confidentiality of reporting; production of records; 

records confidentiality of records; 

violation; penalty 

RI8-2-313. Existing Source R9-3-313. Existing source 

Emission Monitoring emission monitoring 

RI8-2-327. Annual Emission 

Inventory Questionnaire 

County Pro2rams 

§ 49-476.01 Monitoring 

§ 49-480 Permits; fees All sections except (D)(1), (G), § 36-0779.01 Permits; 

(H) exceptions; applications; fees 

§ 49-487 Classification and (A) and (B) § 36-0780 Classification and 

reporting; confidentiality of reporting; production of records; 

records confidentiality of records; 

violation; penalty 

Maricopa County Rules 

Rule 100. General Provisions and Section 500 Monitoring and 

Definitions Records 

Pima County Rules 

17.12.040. Reporting Rule 622. Reporting as a permit 

Requirements requirement 

17.20.010. Source Sampling, 

monitoring, and testing 

17.24.040. Reporting for 

compliance evaluations 

13 
Table 4-6 

CAA 110(a)(2)(G) 

Emergency Powers 

ADEQ Pro~rams 

Statute/Rule Relevant Sections 

§ 49-462 Violations; injunctive 

relief 

§ 49-464 Violation; 

classification; penalties; 

definition 

§ 49-465 Air pollution 

emergency 

R9-3-215. Ambient Air Quality 

Monitoring Methods & 

Procedures I? 

R9-3-219. Air Pollution 

Emergency_ E~isodes 18 

Air Quality Monitoring 

Procedures Manual (Referenced 

in R9-3-215) 

County Proerams· 

§ 49-512 Violations; injunctive 

relief 

§ 49-514 Violation; 

classification; definition 

Pima County Rules 

17.32.010. State Jurisdiction 

17.32.020. Determination of 

emergency conditions 

17.32.030. Emergency episode 

reporting 

17.32.040. Enforcement actions 

I? Approved into the Arizona SIP on 10/19/1984 (49 FR 41026). 

18 Approved into the Arizona SIP on 9/28/1982 (47 FR 42572). 

14 

SIP Statute/Rule Replaced 

§ 36-1719 Air pollution 

emergency 

Chapter 8: Emergency Episodes 

And Public AwarenessRegulation 80: Emergency 

Episodes, Rule 801. State 

Jurisdiction 

Chapter 8: Emergency Episodes 

And Public Awareness -

Regulation 80: Emergency 

Episodes, Rule 802. 

Determination of emergency 

conditions 

Chapter 8: Emergency Episodes 

And Public AwarenessRegulation 80: Emergency 

Episodes, Rule 803. Emergency 

Episode reporting 

Chapter 8: Emergency Episodes 

And Public Awareness -

Regulation 80: Emergency 
15 

Episodes, Rule 804. Enforcement 

actions 
Table 4-7 

CAA 110(a)(2)(H) 

Plan Revisions 

Statute/Rule Relevant Sections 

§ 49-404 State implementation 

plan19 

§ 49-406 Nonattainment area 

plan20 

19 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

20 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

16 

SIP Statute/Rule Replaced 
Table 4-8 

CAA 110(a)(2)(J) 

Consultation with Government Officials, Public Notification, PSD and 

Visibili!Y Protection 

ADEQ Pro2rams 

Statute/Rule Relevant Sections SIP Statute/Rule Replaced 

§ 49-405 Attainment area 

designations 

§ 49-406 Nonattainment area 

plan21 

§ 49-424 Duties of department § 36-1705 Duties of department 

§ 49-425 Rules; hearing § 36-1707 Rules and regulations; 

hearing; limitations 

County Pro2rams 

§ 49-4 73 Board of supervisors § 36-0773 Board of supervisors 

§ 49-474 County control boards § 36-0774 County control boards 

§ 49-479 Rules; hearing § 36-0779 Rules and regulations; 

hearing; limitations 

21 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

17 
Table 4 .. 9 

CAA 110(a)(2)(K) 

Air Quality Modeling 

ADEQ Pro2rams 

Statute/Rule Relevant Sections SIP Statute/Rule Replaced 

§ 49-406 Nonattainment area (A), (E), (F)(8), (F)(9) , 

plan22 

§ 49-422 Powers and duties (A)(3)(a), (A)(3)(b), (C)(1), § 36-1702 Powers 

(C)(2), (C)(3), (C)(4), (C)(5) 

§ 49-424 Duties of department (2) § 36-1705 Duties of department 

County Pro2rams 

§ 49-473 Board of supervisors § 36-0773 Board of supervisors 

§ 49-474 County control boards § 36-0774 County control boards 

22 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

18 
Table 4-10 

CAA 110(a)(2)(L) 

Permit Fees 

ADEQ Programs 

Statute/Rule Relevant Sections SIP Statute/Rule Replaced 

§ 49-426 Permits; duties of (E) § 36-1707.01 Permits; 

director; exceptions; exceptions; applications; fees 

applications; objections; fees 

County Proerams 

§ 49-480 Permits; fees (D)(2) § 36-0779.01 Permits; 

exceptions; applications; fees 

19 
Table 4-11 

CAA 110(a)(2)(M) 

Co.nsuItation/Participation by Affected Local Entities 

ADEQ Programs 

Statute/Rule Relevant Sections SIP Statute/Rule Replaced 

§ 49-405 Attainment area (B)(2)(6) 

designations 

§ 49-406 Nonattainment area (C), (D), (E), (F) 

plan23 

§ 49-424 Duties of department (8), (10) § 36-1705 Duties of department 

§ 49-425 Rules; hearing (B), (D) § 36-1707 Rules and regulations; 

hearing; limitations 

County Programs 

§ 49-473 Board of supervisors § 36-0773 Board of supervisors 

§ 49-474 County control boards § 36-0774 County control boards 

§ 49-479 Rules; hearing § 36-0779 Rules and regulations; 

hearing; limitations 

23 Approved into the Arizona SIP on 6/08/2000 (65 FR 36353). 

20 
5.0 ANALYSIS OF CLEAN AIR ACT SECTION 1l0(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). 

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

and abatement, and as such, is required to "maintain a state implementation plan that provides for 

implementation, maintenance and enforcement of national ambient air quality standards and protection of 

visibility as required by the clean air act" (ARS §49-404). ADEQ is also responsible for coordinating, 

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

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

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

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

402). 

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

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

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

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

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

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

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

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

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

The following sections summarize the requirements of CAA Sections 11O(a)(2)(A) through (M) and 

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

these basic elements and are adequate to ensure attainment and maintenance of the particulate matter and 

ozone NAAQS. 

21 
5.1 CAA Section 110(a)(2)(A) - Control Measures and Emission Limits 

Section 110(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 of the 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 of the PM2.5 and 8-hour ozone air quality standards in all areas of Arizona. 

Relevant sections of Arizona Revised Statutes: 

For ADEQ Programs: 

49-106. Statewide application of rules 

49-107. Local delegation of state authority 

49-402. State and county control 

49-404. State implementation plan 

49-406. Nonattainment area plan 

49-421. Definitions 

49-424. Duties of department 

49-425. Rules; hearing 

49-426. Permits; duties of director; exceptions; applications; objections; fees (All sections except (E)(l), 

(1)(1) through (1)(5), (J), (M), (N» 

For County Programs: 

49-471. Definitions 

49-473. Board of supervisors 

49-479. Rules; hearing 

49-480. Permits; fees (All sections except (D)(1), (G), and (H» 

5.2 CAA Section 110(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 of the State. 

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

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

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

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

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

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

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

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

22 
monitor meets the network design, quality assurance, and other federal requirements of 40 CFR Part 58. 

Relevant sections of Arizona Revised Statutes: 

For ADEQ Programs: 

49-404. State implementation plan 

49-406(F)(II). Nonattainment area plan 

49-422(A, )(B), (C), (E), (F). Powers and duties; definition 

49-424. Duties of department 

49-432(B). Classification and reporting; confidentiality of records 

For County Programs: 

49-473. Board of supervisors 

49-487(B). Classification and reporting; confidentiality of records 

5.3 CAA Section llO(a)(2)(C) - Enforcement of Control Measures 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

relocates, or otherwise changes operations. 

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

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

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

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

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

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

violations of the air quality provisions of the law. 

23 
Per the authority noted above, all new sources and modifications to existing sources in Arizona are 

subject to state requirements for preconstruction review and pennitting 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 .. Since the submittal of the October 14, 2009 revision to the 

"Infrastructure" SIP, ADEQ has submitted a revision to the New Source Review SIP for 'parallel 

processing on April 10, 2012. ADEQ expects that the New Source Review SIP revision to bring the State 

of Arizona's SIP for areas under the jurisdiction of ADEQ into compliance with the NSR requirements of 

section 1l0(a)(2)(C) and 40 C.F.R. Part 51, Subpart I, with the exception of the requirements pertaining 

to greenhouse gases (GHGs). 

Relevant sections of Arizona Revised Statutes: 

For ADEQ Programs: 

49-103. Department employees; legal counsel 

49-106. Statewide application of rules 

49-107. Local delegation of state authority 

49-402. State and county control (All sections, but (A)(8)) 

49-404. State implementation plan 

49-406(G)(1) through (G)(3). Nonattainment area plan 

49-422. Powers and duties; definition 

49-424. Duties of department 

49-425. Rules; hearing 

49-426. Permits; duties of director; exceptions; applications; objections; fees (All sections except (E)(1), 

(1)(1) through (1)(5), (J), (M), (N)) 

49-426.01(B), (C). Permits; changes within a source; revisions 

49-433. Special inspection warrant 

49-435. Hearings on orders of abatement 

49-441. Suspension and revocation of conditional order 

49-460. Violations; production of records 

49-461. Violations; order of abatement 

49-462. Violations; injunctive relief 

49-463. Violations; civil penalties 

49-464. Violation; classification; penalties; definition 

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

For County Programs: 

49-473. Board of supervisors 

49-480. Permits; fees (All sections except (0)(1), (G) and (H)) 

49-480.01(B), (C). Permits; changes within a source; revisions 

49-488. Special inspection warrant 

49-490. Hearings on orders of abatement 

49-495. Suspension and revocation of conditional order 

49-501(0). Unlawful open burning; exceptions; civil penalty; definition 

49-502(A), (B), (C). Violation; classification 

49-510. Violations; production of records 

49-511. Violations; order of abatement 

49-512. Violations; injunctive relief 

24 
49-513. Violations; civil penalties 

49-514. Violation; classification; definition 

5.4 CAA Section 110(a)(2)(D) - Interstate Transport 

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

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

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

prevent significant deterioration of air quality or to protect visibility. 

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

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

interstate transport of air pollution under CAA Section 110(a)(2)(D)(i) and contains a demonstration 

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

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

and PM2.

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

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

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

An analysis of "interstate transport" under CAA Section 110(a)(2)(D)(i) for the 2006 PM2.5air quality 

standards in Appendix B of the October 14, 2009 SIP revision. The analysis demonstrated that Arizona 

does not significantly contribute to interstate transport of pollutants that impact nonattainment in, or 

interfere with maintenance by, any other state with respect to the 2006 PM2.5 NAAQS. The analysis also 

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

protection of visibility provisions of the law. 

As stated above in Section 5.3, since the submittal of the October 14,2009 revision to the "Infrastructure" 

SIP, ADEQ has submitted a revision to the New Source Review SIP for parallel processing on April 10, 

2012. ADEQ expects that the New Source Review SIP revision to bring the State of Arizona's SIP for 

areas under the jurisdiction of ADEQ into compliance with the NSR requirements of section llO(a)(2)(C) 

and 40 C.F.R. Part 51, Subpart I, with the exception of the requirements pertaining to greenhouse gases 

(GHGS).24 

5.5 CAA Section 110(a)(2)(E) - Adequate Resources 

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

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

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

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

that where the State has relied on a local or regional government agency, or instrumentality for 

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

such plan provision. 

CAA Section llO(a)(2)(E)(i) 

The purpose of Section llO(a)(2)(E) of the SIP is to provide the necessary assurances that the State of 

24 See NSR SIP Revision submittal at ADEQ's Website, 

http://www.azdeq.gov/environJair/planJdownloadlsip _ nSf. pdf (Accessed May 31, 2012). 

25 
Arizona, Pinal County, Maricopa County, and Pima County have adequate personnel and funding under 

State law to carry out the SIP as required under the relevant portions of section 110(a)(2)(E)(i) of the 

Federal Clean Air Act (CAA), as amended in 1990, and the applicable SIP regulations in 40 CFR part 51 

("Requirements for Preparation, Adoption, and Submittal of Implementation Plans"). 

CAA section 110(a)(2)(E)(i) requires SIPs to provide: 

necessary assurances that the State (or, except where the Administrator deems inappropriate, the 

general purpose local government or governments, or a regional agency designated by the State 

or general purpose local governments for such purpose) will have adequate personnel, funding, 

... under State (and, as appropriate, local) law to carry out such implementation plan .... 

The federal regulations in title 40, part 51, subpart 0 of the Code of Federal Regulations (40 CFR 

part 51, subpart 0) ("Miscellaneous Plan Content Requirements") include requirements for SIPs 

pertaining to funding and personnel. Specifically, 40 CFR 51.280 ("Resources") requires: 

Each plan must include a description of the resources available to the State and local agencies at 

the date of submission of the plan and of any additional resources needed to carry out the plan 

during the 5-year period following its submission. The description must include projections of the 

extent to which resources will be acquired at 1-, 3-, and 5-year intervals. 

In the State of Arizona, ADEQ is the primary organization responsible for developing, implementing, and 

enforcing the SIP. 

Under ARS § 49-103 "Department employees; legal counsel" the director, "shall employ, determine the 

conditions of employment and specify the duties of administrative, secretarial and clerical employees as 

he deems necessary." Under § 49-103(B) " The attorney general shall be the legal advisor of the 

department and shall give legal services as the department requires ... The attorney general shall prosecute 

and defend in the name of this state all actions necessary to carry out the provisions" of Title 49, relating 

to the environment. 

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

from regulated emissions sources, including fees collected to administer permitting programs. Under ARS 

§ 49-455 "Permit administration fund", a permit administration fund is established consisting of fees and 

interest collected pursuant to article 2 governing state air pollution control. Under the statute, 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 ARS § 35-313, and monies earned from 

investment shall be credited to the fund. 

There is also an emissions inspection fund (see ARS § 49-544) that consists of monies appropriated to the 

fund by the legislature; monies collected pursuant to ARS § 49-543(A) concerning vehicle emissions 

inspections; monies collected by the director for the issuance of inspection certificates to owners of fleet 

emissions inspection stations; monies received from private grants or donations when so designated by 

the grantor or donor; and monies received from the United States by grant or otherwise to assist the state 

in any emissions inspection program. 

A third source of funding in Arizona is the Air Quality Fund. Under ARS § 49-551 "Air quality fee; air 

quality fund; purpose" every person who is required to register a motor vehicle in the state pursuant to 

ARS § 28-2153 shall pay, in addition to the registration fee, an annual air quality fee at the time of vehicle 

registration. Interest earned on monies in the fund shall be credited to the fund. Monies in the air quality 

fund shall be used, subject to legislative appropriation, for air quality research and programs for the 

26 
purpose of bringing area A or area B into or maintaining attainment status, improving air quality in areas 

outside area A and B, and reducing emissions of various pollutants including particulate matter, carbon 

monoxide, oxides of nitrogen, volatile organic compounds and hazardous air pollutants throughout the 

state. The funds are also used to monitor visible air pollution and reduce emissions of pollutants that 

contribute to visible air pollution in counties with a population of four hundred thousand persons or more. 

See §49-551(C)(1). 

A final source of funding for ADEQ's air programs is CAA section 105 ("Grants for support of air 

pollution planning and control programs") under which EPA is authorized to make grants to air pollution 

control agencies to defray a portion of the costs associated with implementation of programs for the 

prevention and control of air pollution and achievement of the national ambient air quality standards. To 

qualifY for such grants in a given year, air pollution control agencies must at least maintain the same level 

of funding from non-Federal funds for air pollution control programs as for the preceding year. See CAA 

section 105(c). 

For Maricopa, Pima, and Pinal Counties, ARS § 49-107 "Local delegation of state authority" the director 

"may delegate to a local environmental agency, county health department, public health services district 

or municipality any functions, powers or duties which the director believes can be competently, 

efficiently and properly performed by the local agency if the local agency accepts the delegation and 

agrees to perform the delegated functions, powers and duties according to the standards of performance 

required by law and prescribed by the director." Under § 49-107(B), "Monies appropriated or otherwise 

made available to the department for distribution to local agencies may be allocated or reallocated in a 

manner designed to assure that the recognized local activities and the delegated functions, powers and 

duties are accomplished according to the applicable standards of performance." These delegation and 

funding mechanisms help ensure that the counties will have adequate personnel and funding to implement 

the delegated portions of the SIP. 

The scope of county SIP authority is as follows: under ARS § 49-112 "County regulation; standards", a 

county may adopt rules that are as stringent as state rules and may administer permits provided that the 

cost of obtaining permits will be approximately equal or be less than the fee or cost of obtaining similar 

permits or approvals under title 49 or any rule adopted pursuant to title 49, which relates to the 

enyironment. The county no-drive days and travel reduction programs are funded by contractual 

agreements with ADEQ .. Other county air quality programs are funded by county fee programs and other 

sources. In Arizona, the Metropolitan Planning Organizations (MPOs) certified to do planning (Maricopa 

and Pima) do so for ozone, carbon monoxide, or particulate nonattainment or maintenance areas. See § 

49-406(C). The MPOs receive funding as directed in ARS § 49-406(A). ADEQ is responsible for all S02 

plans and Pb plans evert in Maricopa and Pima counties and for plans for the rest of the State. Under ARS 

§ 49-402(B). Maricopa County Air Quality Control District (MCAQCD) and the Pima Department of 

Environmental Quality (PDEQ) each have a "control officer" whose powers to permit and enforce are set 

forth under the statute. ADEQ's contractor operates the Vehicle Emissions Inspection program in both 

Area A and in Area B. The issuance and administration of permits at the county level is outlined in ARS 

§§ 49-480, 49-480.01, and 49-480.02. 

Under ARS § 49-476 "[t]he department of environmental quality, county health departments, or boards of 

supervisors may accept and expend in accordance with the terms of the grant any funds granted to it for 

research of air pollution by the federal government, any political subdivision of the state, any agency or 

branch of the federal or state governments, or any private agency." 

ADEQ, MCAQCD, and PDEQ have been administering, implementing, and enforcing air programs 

designed to meet the CAA's SIP requirements for over 40 years., and the funding and personnel described 

above for each of the three agencies is adequate to meet the needs of these programs. Over the next five 

27 
years, current funding and personnel levels are expected to remain stable via the funding mechanisms 

described above and to be sufficient to meet the resource needs of the agencies for air pollution control 

purposes over that period. 

Relevant sections of Arizona Revised Statutes: 

For State Programs: 

28-2153. Registration requirement; exceptions; assessment; violation; classification 

35-313. Investment of trust and treasury monies; loan of securities 

49-103. Department employees; legal counsel 

49-402. State and county control 

49-406. Nonattainment area plan 

49-426. Permits; duties of director; exceptions; applications; objections; fees (All sections except (E)(1), 

(1)(1) through (1)(5), (J), (M), (N» 

49-455(A) and (B)(2). Permit administration fund 

49-462. Violations; injunctive relief 

49-463. Violations; civil penalties 

49-464. Violation; classification; penalties; definition 

49-465. Air pollution emergency 

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

49-543(A). Emissions inspection costs; disposition; fleet inspection; certificates 

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

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

For County Programs: 

49-476. Authorization to accept funds or grants 

49-479. Rules; hearing 

49-478. Hearing board 

49-480. Permits; fees (All sections except (D)(1), (G), and (H» 

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

49-480.02. Appeals of permit actions 

49-482. Appeals to hearing board 

CAA Section 110(a)(2)(E)(ii) 

The purpose of 110 (a)(2)(E)(ii) is to provide necessary assurances that any board which approves permits 

or enforcement orders represents the public interest and any conflict of interest by board members or an 

executive agency head be adequately disclosed 

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

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

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

boards," contains provisions for adequate disclosure of any conflict of interest. In the October 14, 2009 

revision to the SIP, ADEQ submitted ARS Title 38, Chapter 3, Article 8, Conflict of Interest of Officers 

and Employees, in order to meet the conflict of interest requirements under Section 11O(a)(2)(E)(ii). 

ADEQ commits to sending the certified copies of those statutes with the final submission. 

Relevant sections of Arizona Revised Statutes: 

28 
For State and County Programs: 

38-101 Definitions 

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

CAA Section 11 0(a)(2)(E)(iii) 

The purpose of 110 (a)(2)(E)(iii) is to provide 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. Arizona Revised 

Statutes grant ADEQ primary regulatory authority for air pollution control and abatement in Arizona as 

well as responsibility for ensuring adequate implementation of SIP provisions. 

Relevant sections of Arizona Revised Statutes: 

49-107. Local delegation of state authority 

49-402(A)(1) through (A)(7), (B), and (C). State and county control 

49-404. State implementation plan 

49-406(C), (D), (E), (I), (J), (K). Nonattainment area plan 

49-501(D). Unlawful open burning; exceptions; civil penalty; definition, section (D) 

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

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

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

by the state agency with any emission limitations or standards. 

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

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

reasonably attributable to that source. 

Relevant sections of Arizona Revised Statutes: 

For ADEQ Programs: 

Statutes: 

49-422. Powers and duties; definition 

49-426: Permits; duties of director; exceptions; applications; objections; fees (All sections except (E)(1), 

(1)(1) through (1)(5), (J), (M), (N» 

49-432(A), (B). Classification and reporting; confidentiality of records 

Rules: 

RI8-2-313. Existing Source Emission Monitoring 

RI8-2-327. Annual Emission Inventory Questionnaire 

For County Programs: 

Statutes: 

49-476.01. Monitoring 

29 
49-480. Permits; fees (All sections except (D)(l), (G) and (H» 

49-487(A), (B). Classification and reporting; confidentiality of records 

Maricopa County Rules: 

Rule 100. General Provisions and Definitions, section 500 Monitoring and Records 

Pima County Rules: 

17.12.040. Reporting Requirements 

17.20.010. Source sampling, monitoring, and testing 

17.24.040. Reporting for compliance evaluations 

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

Section 11O(a)(2)(G) requires states to provide for authority to address activities causing imminent and 

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

episode provisions in their SIPs. 

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

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

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

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

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

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

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

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

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

this supplement, the Air Quality Monitoring Procedures Manual referenced in R9-3-215, which as already 

been approved into the Arizona SIP on October 19, 1984 at 49 FR 41026. 

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 60025 , 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 Episodes26), 

Relevant sections of Arizona Revised Statutes: 

For ADEQ Programs: 

Statutes: 

49-462. Violations; injunctive relief 

49-464. Violation; classification; penalties; definition 

49-465. Air pollution emergency 

Rules: 

R9-3-215. Ambient Air Quality Monitoring Methods & Procedures 

R9-3-219. Air Pollution Emergency Episodes 

25 Maricopa County Rule 600 was adopted 7/1311988 and approved by EPA into the SIP 311811999 in 64 FR 13351. 

26 Pinal County Rules were adopted 6/2911993 and approved by EPA into the SIP on 12/20/2000 in 65 FR 79742. 

30 
Air Quality Monitoring Procedures Manual (submitted to supplement already approved rule R9-3-215). 

For County Programs: 

49-512. Violations; injunctive relief 

49-514. Violation; classification; definition 

Pima County Rules: 

17.32.010. State jurisdiction 

17.32.020. Determination of emergency conditions 

17.32.030. Emergency episode reporting. 

17.32.040. Enforcement actions 

5.8 CAA Section 110(a)(2)(H) - Plan Revisions 

Section 1l0(a)(2)(H) requires states to have authority to revise their SIPs in response to changes in the 

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

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

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

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

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

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

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

Relevant sections of Arizona Revised Statutes: 

49-404. State implementation plan 

49-406. Nonattainment area plan 

5.9 CAA Section 110(a)(2)(I) - CAA Title 1, Part D Nonattainment Area Requirements 

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

1, Part D relating to nonattainment areas. 

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

requirements of section 110(a)(2)(I) are subject to the timing requirement of section 172, not the timing 

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

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

for the 2006 PM2.5 NAAQS under Section 11 0(a)(2)(I) are the same. 

5.10 CAA Section 110(a)(2)(J) - Consultation with Government Officials, Public Notification, PSD 

and Visibility Protection 

Section 110(a)(2)(J) requires states to: (1) provide a process for consultation with local governments and 

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

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

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

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

31 
deterioration of air quality and visibility protection. 

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

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

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

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

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

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

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

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

Relevant sections of Arizona Revised Statutes: 

For ADEQPrograms: 

49-405. Attainment area designations 

49-406. Nonattainment area plan 

49-424. Duties of department 

49-425. Rules; hearing 

For County Programs: 

49-473. Board of supervisors 

49-474. County control boards 

49-479. Rules; hearing 

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

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

with air pollution, and to enhance public awareness of measure~ 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. 

ADEQ, and those counties with authority to implement portions of the SIP (Maricopa, Pinal, and Pima 

counties), certify to do now and will continue to notify the public on a regular basis of instances or areas 

in which any primary NAAQS was exceeded, consistent with the requirements of sections 11O(a)(2)(J) 

and 127 of the Federal Clean Air Act. Such notifications are and will be available on the state and county 

air quality websites, which are updated daily to identify exceedances of the NAAQS that occurred during 

the previous day or any portion of the preceding calendar year. We commit to continue, through these 

websites, to advise the public of the health hazards associated with such exceedances and to increase 

public awareness of: (1) measures which can be taken to prevent a primary standard from being exceeded, 

and (2) ways in which the public can participate in regulatory and other efforts to improve air quality. 

Relevant sections of Arizona Revised Statutes: 

49-424. Duties of department 

Clean Air Act, Title 1, Part C includes provisions relating to prevention of significant deterioration of air 

32 
quality and visibility protection. PSD provisions are discussed in Section 5.3 above. 

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

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

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

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

2004 revision for its four Class I areas on the Colorado Plateau. ADEQ submitted a SIP developed under 

40 CFR 51.308 on February 28, 2011. 

5;11 CAA Section 110(a)(2)(K) - Air Quality Modeling 

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

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

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

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

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

data are made available to EPA as required. 

Relevant sections of Arizona Revised Statutes: 

For ADEQ Programs: 

49-406(A), (E), (F)(8), (F)(9). Nonattainment area plan 

49-422(A)(3)(a), (A)(3)(b), (C)(l), (C)(2), (C)(3), (C)(4), (C)(5). Powers and duties; definition 

49-424(2). Duties of department 

For County Programs: 

49-473. Board of supervisors 

49-474. County control boards 

5.12 CAA Section 110(a)(2)(L) - Permit Fees 

Section 11O(a)(2)(L) requires SIPs to require the owner or operator of a major stationary source to pay 

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

permit. 

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

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

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

permits. 

Relevant sections of Arizona Revised Statutes: 

For ADEQ Programs: 

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

For County Programs: 

49-480(D)(2). Permits; fees 

33 
5.13 CAA Section 110(a)(2)(M) - ConsultationlParticipation by Affected Local Entities 

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

local political subdivisions affected by the plan. 

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 information for analyses contained in the plan as 

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

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

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

Relevant sections of Arizona Revised Statutes: 

For AOEQ Programs: 

49-405(B)(2)(6). Attainment area designations 

49-406(C), (0), (E), (F). Nonattainment area plan 

49-424(8), (10). Duties of department 

49-425(B), (D). Rules; hearing 

For County Programs: 

49-473. Board of supervisors 

49-474. County control boards 

49-479. Rules; hearing 

34 
6.0 CONCLUSION 

This supplement to the Arizona SIP demonstrates that the existing authorities and infrastructure of 

Arizona State and local air quality management programs, in conjunction with the updated NSRlPSD SIP 

submitted for parallel processing on April 10, 2012, meet the basic program elements required under 

CAA Section 110(a)(2) for the 2006 PM2.5 NAAQS, the 1997 8-hour ozone NAAQS, and the 1997 PM2.5 

NAAQS 

35 
Appendix A 

Statutes to be incorporated into the SIP 
28-2153. Registration requirement; exceptions; assessment; violation; 

classification 

A. A person shall not operate, move or leave standing on a highway a motor 

vehicle, trailer or semitrailer unless the motor vehicle, trailer or semitrailer has 

been registered with the department for the current registration year or is properly 

registered for the current registration year by the state or country of which the 

owner or lessee is a resident. 

B. A resident shall not operate, move or leave standing on a highway a motor 

vehicle, trailer or semitrailer that is: 

1. Owned by a nonresident and that is primarily under the control of a resident of 

this state for more than seven months unless the motor vehicle, trailer or 

semitrailer has been registered with the department for the current registration 

year. 

2. Leased by the resident for more than twenty-nine days unless the motor vehicle, 

trailer or semitrailer has been registered with the department for the current 

registration year. 

C. This section applies to a trailer or semitrailer without motive power unless the 

vehicle is disabled or is being towed as an abandoned vehicle at the direction of a 

law enforcement agency. 

D. This section does not apply to: 

1. A farm tractor. 

2. A trailer used solely in the operation of a farm for transporting the unprocessed 

fiber or forage products of a farm or any implement of husbandry designed 

primarily for or used in agricultural operations and only incidentally operated or 

moved on a highway. 

3. A road roller or road machinery, including a power sweeper, that is temporarily 

operating or moved on the highway. 

4. An owner permitted to operate a vehicle under special provisions relating to 

lienholders, manufacturers, dealers and nonresidents. 

5. Motorized or nonmotorized equipment designed primarily for and used in mining 

operations and only incidentally operated or moved on a highway. 

6. A motor vehicle that is being towed by a tow truck that has been registered and 

for which a permit has been obtained pursuant to section 28-1108. 

7. A golf cart used in the operation of a golf course or only incidentally operated or 

moved on a highway. 

8. Wheeled equipment. For the purposes of this paragraph, "wheeled equipment" 

means: 

(a) A compressor. 

(b) A forklift or a hay squeeze machine that is designed to load hay in an off-road 

situation. 

(c) A portable cement mixer. 

(d) A single axle tow dolly as defined in section 28-1095. 

(e) A tar pot. 

(f) A water trailer used for watering livestock or for agricultural or domestic 

purposes. 

(g) A welder. 

(h) Any other similar item designed and used primarily for construction or building 

trade purposes. 

1 
9. An all-terrain vehicle or an off-road recreational motor vehicle operating on a dirt 

road that is located in an unincorporated area of this state. For the purposes of this 

paragraph, "dirt road" means an unpaved or ungraveled road that is not maintained 

by this state or a city, town or county of this state. 

10. A person operating an off-highway vehicle who is participating in an offhighway vehicle special event as defined in section 28-1171. 

11. An all-terrain vehicle or an off-highway vehicle as defined in section 28-1171 

that is only incidentally operated or moved on a highway. 

E. A person who owns or operates a trailer that is exempt from registration 

pursuant to subsection D, paragraph 2 of this section shall notify the county 

assessor of the exemption, and the assessor shall assess the trailer. 

F. A person who violates subsection E of this section is guilty of a class 2 

misdemeanor. 

35-313. Investment of trust and treasury monies; loan of securities 

A. The state treasurer shall invest and reinvest trust and treasury monies in any of 

the following items: 

1. Obligations issued or guaranteed by the United States or any of its agencies, 

sponsored agencies, corporations, sponsored corporations or instrumentalities. 

2. Collateralized repurchase agreements purchased from securities dealers that 

make markets in those securities listed in paragraph 1 of this subsection. 

3. Bonds or other evidences of indebtedness of this state or any of the counties or 

incorporated cities, towns or duly organized school districts. 

4. Commercial paper whose issuer is rated in one of the two highest rating 

categories for short-term obligations by any two nationally recognized statistical 

rating organizations. 

5. Bills of exchange or time drafts known as bankers acceptances that are drawn on 

and accepted by a commercial bank. 

6. Negotiable certificates of deposit issued by a nationally or state chartered bank 

or savings and loan association. 

7. Bonds, debentures, notes or other evidences of indebtedness that are issued by 

entities organized and doing business in the United States and that carry as a 

minimum one of the Baa ratings of Moody's investors service or one of the BBB 

ratings of Standard and Poor's rating service or their successors. 

8. Securities of or any other interests in any open-end or closed-end management 

type investment company or investment trust, including exchange traded funds 

whose underlying investments are invested in securities allowed by state law, 

registered under the investment company act of 1940 (54 Stat. 789; 15 United 

States Code sections 80a-1 through 80a-64), as amended. For any treasurer 

investment pool that seeks to maintain a constant share price, both of the following 

apply: 

(a) The investment company or investment trust takes delivery of the collateral for 

any repurchase agreement either directly or through an authorized custodian. 

(b) The investment policy of the investment company or investment trust includes 

seeking to maintain a constant share price. 

9. Certificates of deferred property taxes as provided by section 42-17309. 

2 
10. Treasurer's warrant notes issued pursuant to section 35-185.01 or registered 

warrants of a county issued pursuant to section 11-605, if the yield is equal to or 

greater than yields on eligible investment instruments of comparable maturities. 

11. Shares in the treasurer's local government investment pools pursuant to section 

35-326 provided that investment policies of the pool seek to maintain a constant 

share price. 

12. Shares in the treasurer's long-term local government investment pools, which 

terms are determined by the state board of investment, pursuant to section 35-

326.01. 

13. Subject to subsection D of this section, state transportation board funding 

obligations delivered pursuant to section 28-7678. 

14. Certificates of deposit purchased in accordance with the procedures prescribed 

in section 35-323.01. 

B. In case of default or failure to honor a county treasurer's warrant, the state 

treasurer may withhold the first state shared revenues that would otherwise be 

distributed to the defaulting county in the amount necessary to honor the note 

including accrued interest to and beyond the date of default. 

C. The state treasurer may contract to loan securities owned by the trust funds and 

operating monies deposited in the investment pools pursuant to section 35-316, 

subsection B to the financial or dealer community through one or more of the 

entities listed in section 35-317, subsection A, or authorized by the board of 

investment pursuant to section 35-311, subsection E, if the borrower transfers 

collateral to the state treasurer or acting agent of the state in the form of cash or 

securities specified in subsection A of this section. Collateral posted in the form of 

cash shall be in an amount equal to at least one hundred per cent of the market 

value of the loaned securities as agreed. Collateral posted in the form of securities 

shall be in an amount of no more than one hundred ten per cent of the market 

value of the loaned securities as established from time to time by the board of 

investment. The loaned securities shall be valued as to market value daily, and, if 

necessary, the borrower shall post additional collateral, as agreed, to ensure that 

the required margin is maintained. The state treasurer may collect from the 

borrower all dividends, interest, premiums, rights and other distributions to which 

the lender of securities would otherwise be entitled. The state treasurer may 

terminate the contract on not less than five business days' notice, as agreed, and 

the borrower may terminate the contract on not less than two business days' 

notice, as agreed. 

D. The state treasurer shall invest operating monies in state transportation board 

funding obligations delivered pursuant to section 28-7678 pursuant to the 

following: 

1. The state treasurer shall liquidate investments of operating monies if necessary 

in order to invest in state transportation board funding obligations, except that if 

operating monies in the state general fund fall below an eight hundred million dollar 

average over the previous twelve consecutive months, the state treasurer is not 

required to purchase state transportation board funding obligations pursuant to this 

subsection. 

2. Each series of state transportation board funding obligations shall bear interest 

at a fixed interest rate equal to the mean bid-ask price of the United States 

treasury obligation with a maturity date closest to the maturity date of the state 

3 
transportation board funding obligation as published most recently in the Wall 

Street Journal before the date the state treasurer receives a certificate from the 

state transportation board that states the board's determination to deliver an 

obligation to the state treasurer and the anticipated delivery date of the obligation. 

The delivery date shall be between fifteen and sixty days after the day the state 

treasurer receives the certificate. 

3. The state treasurer shall provide written notice to the state transportation board 

and the director of the department of transportation when the operating monies fall 

below four hundred million dollars. If operating monies fall below two hundred 

million dollars, the state treasurer may call the investment in the state 

transportation board funding obligations in twenty-five million dollar increments up 

to the amount that the operating monies are below two hundred million dollars. The 

state treasurer shall give the state transportation board and the director of the 

department of transportation at least fifteen days' notice of the call. 

38-101. Definitions 

In this title, unless the context otherwise requires: 

1. "Office", "board" or "commission" means any office, board or commission of the 

state, or any political subdivision thereof, the salary or compensation of the 

incumbent or members of which is paid from a fund raised by taxation or by public 

revenue. 

2. "Public institution" means any institution maintained and paid for from a fund 

raised by taxation or by public revenue. 

3. "Officer" or "public officer" means the incumbent of any office, member of any 

board or commission, or his deputy or assistant exercising the powers and duties of 

the officer, other than clerks or mere employees of the officer. 

38-501. Application of article 

A. This article shall apply to all public officers and employees of incorporated cities 

or towns, of political subdivisions and of the state and any of its departments, 

commissions, agencies, bodies or boards. 

B. Notwithstanding the provisions of any other law, or the provisions of any charter 

or ordinance of any incorporated city or town to the contrary, the provisions of this 

article shall be exclusively applicable to all officers and employees of every 

incorporated city or town or political subdivision or the state and any of its 

departments, commissions, agencies, bodies or boards and shall supersede the 

provisions of any other such law, charter provision or ordinance. 

C. Other prohibitions in the state statutes against any specific conflict of interests 

shall be in addition to this article if consistent with the intent and provisions of this 

article. 

38-502. Definitions 

In this article, unless the context otherwise requires: 

1. "Compensation" means money, a tangible thing of value or a financial benefit. 

2. "Employee" means all persons who are not public officers and who are employed 

on a full-time, part-time or contract basis by an incorporated city or town, a 

political subdivision or the state or any of its departments, commissions, agencies, 

bodies or boards for remuneration. 

4 
3. "Make known" means the filing of a paper which is signed by a public officer or 

employee and which fully discloses a substantial interest or the filing of a copy of 

the official minutes of a public agency which fully discloses a substantial interest. 

The filing shall be in the special file established pursuant to section 38-509. 

4. "Official records" means the minutes or papers, records and documents 

maintained by a public agency for the specific purpose of receiving disclosures of 

substantial interests required to be made known by this article. 

5. "Political subdivision" means all political subdivisions of the state and county, 

including all school districts. 

6. "Public agency" means: 

(a) All courts. 

(b) Any department, agency, board, commission, institution, instrumentality or 

legislative or administrative body of the state, a county, an incorporated town or 

city and any other political subdivision. 

(c) The state, county and incorporated cities or towns and any other political 

subdivisions. 

7. "Public competitive bidding" means the method of purchasing defined in title 41, 

chapter 4, article 3, or procedures substantially equivalent to such method of 

purchasing, or as provided by local charter or ordinance. 

8. "Public officer" means all elected and appointed officers of a public agency 

established by charter, ordinance, resolution, state constitution or statute. 

9. "Relative" means the spouse, child, child's child, parent, grandparent, brother or 

sister of the whole or half blood and their spouses and the parent, brother, sister or 

child of a spouse. 

10. "Remote interest" means: 

(a) That of a nonsalaried officer of a nonprofit corporation. 

(b) That of a landlord or tenant of the contracting party. 

(c) That of an attorney of a contracting party. 

(d) That of a member of a nonprofit cooperative marketing association. 

(e) The ownership of less than three per cent of the shares of a corporation for 

profit, provided the total annual income from dividends, including the value of stock 

dividends, from the corporation does not exceed five per cent of the total annual 

income of such officer or employee and any other payments made to him by the 

corporation do not exceed five per cent of his total annual income. 

(f) That of a public officer or employee in being reimbursed for his actual and 

necessary expenses incurred in the performance of official duty. 

(g) That of a recipient of public services generally provided by the incorporated city 

or town, political subdivision or state department, commission, agency, body or 

board of which he is a public officer or employee, on the same terms and conditions 

as if he were not an officer or employee. 

(h) That of a public school board member when the relative involved is not a 

dependent, as defined in section 43-1001, or a spouse. 

(i) That of a public officer or employee, or that of a relative of a public officer or 

employee, unless the contract or decision involved would confer a direct economic 

benefit or detriment upon the officer, employee or his relative, of any of the 

following: 

(i) Another political subdivision. 

(ii) A public agency of another political subdivision. 

5 
(iii) A public agency except if it is the same governmental entity. 

(j) That of a member of a trade, business, occupation, profession or class of 

persons consisting of at least ten members which is no greater than the interest of 

the other members of that trade, business, occupation, profession or class of 

persons. 

11. "Substantial interest" means any pecuniary or proprietary interest, either direct 

or indirect, other than a remote interest. 

38-503. Conflict of interest: exemptions: employment prohibition 

A. Any public officer or employee of a public agency who has, or whose relative has, 

a substantial interest in any contract, sale, purchase or service to such public 

agency shall make known that interest in the official records of such public agency 

and shail refrain from voting upon or otherwise participating in any manner as an 

officer or employee in such contract, sale or purchase. 

B. Any public officer or employee who has, or whose relative has, a substantial 

interest in any decision of a public agency shall make known such interest in the 

official records of such public agency and shall refrain from participating in any 

manner as an officer or employee in such decision. 

C. Notwithstanding the provisions of subsections A and B of this section, no public 

officer or employee of a public agency shall supply to such public agency any 

equipment, material, supplies or services, unless pursuant to an award or contract 

let after public competitive bidding, except that: 

1. A school district governing board may purchase, as provided in sections 15-213 

and 15-323, supplies, materials and equipment from a school board member. 

2. Political subdivisions other than school districts may purchase through their 

governing bodies, without using public competitive bidding procedures, supplies, 

materials and equipment not exceeding three hundred dollars in cost in any single 

transaction, not to exceed a total of one thousand dollars annually, from a member 

of the governing body if the policy for such purchases is approved annually. 

D. Notwithstanding subsections A and B of this section and as provided in sections 

15-421 and 15-1441, the governing board of a school district or a community 

college district may not employ a person who is a member of the governing board 

or who is the spouse of a member of the governing board. 

38-504. Prohibited acts 

A. A public officer or employee shall not represent another person for compensation 

before a public agency by which the officer or employee is or was employed within 

the preceding twelve months or on which the officer or employee serves or served 

within the preceding twelve months concerning any matter with which the officer or 

employee was directly concerned and in which the officer or employee personally 

participated during the officer's or employee's employment or service by a 

substantial and material exercise of administrative discretion. 

B. During the period of a public officer's or employee's employment or service and 

for two years thereafter, a public officer or employee shall not disclose or use for 

the officer's or employee's personal profit, without appropriate authorization, any 

information acquired by the officer or employee in the course of the officer's or 

employee's official duties which has been clearly designated to the officer or 

employee as confidential when such confidential designation is warranted because 

6 
of the status of the proceedings or the circumstances under which the information 

was received and preserving its confidentiality is necessary for the proper conduct 

of government business. A public officer or employee shall not disclose or use, 

without appropriate authorization, any information that is acquired by the officer or 

employee in the course of the 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 of the officer's or employee's official duties if the thing or benefit is 

of such character as to manifest a substantial and improper influence on the officer 

or employee with respect to the officer's or employee's duties. 

38-505. Additional income prohibited for services 

A. No public officer or employee may receive or agree to receive directly or 

indirectly compensation other than as provided by law for any service rendered or 

to be rendered by him personally in any case, proceeding, application, or other 

matter which is pending before the public agency of which he is a public officer or 

employee. 

B. This section shall not be construed to prohibit the performance of ministerial 

functions including, but not limited to, the filing, or amendment of tax returns, 

applications for permits and licenses, incorporation papers, and other documents. 

38-506. Remedies 

A. In addition to any other remedies provided by law, any contract entered into by 

a public agency in violation of this article is voidable at the instance of the public 

agency. 

B. Any person affected by a decision of a public agency may commence a civil suit 

in the superior court for the purpose of enforcing the civil provisions of this article. 

The court may order such equitable relief as it deems appropriate in the 

circumstances including the remedies provided in this section. 

C. The court may in its discretion order payment of costs, including reasonable 

attorney's fees, to the prevailing party in an action brought under subsection B. 

38~507. Opinions of the attorney general, county attorneys, city or town attorneys 

and house and senate ethics committee 

Requests for opinions from either the attorney general, a county attorney, a city or 

town attorney, the senate ethics committee or the house of representatives ethics 

committee concerning violations of this article shall be confidential, but the final 

opinions shall be a matter of public record. The county attorneys shall file opinions 

with the county recorder, the city or town attorneys shall file opinions with the city 

or town clerk, the senate ethics committee shall file opinions with the senate 

secretary and the house of representatives ethics committee shall file opinions with 

the chief clerk of the house of representatives. 

38-508. Authority of public officers and employees to act 

A. If the provisions of section 38-503 prevent an appointed public officer or a public 

employee from acting as required by law in his official capacity, such public officer 

7 
or em,ployee shall notify his superior authority of the 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. If the provisions of section 38-503 prevent a public agency from acting as 

required by law in its official capacity, such action shall not be prevented if 

members of the agency who have apparent conflicts make known their substantial 

interests in the official records of their public agency. 

38-509. Filing of disclosures 

Every political subdivision and public agency subject to this article shall maintain for 

public inspection in a special file all documents necessary to memorialize all 

disclosures of substantial interest made known pursuant to this article. 

38-510. Penalties 

A. A person who: 

1. Intentionally or knowingly violates any provision of sections 38-503 through 38-

505 is guilty of a class 6 felony. 

2. Recklessly or negligently violates any provision of sections 38-503 through 38-

505 is guilty of a class 1 misdemeanor. 

B. A person found guilty of an offense described in subsection A of this section shall 

forfeit his public office or employment if any. 

C. It is no defense to a prosecution for a violation of sections 38-503 through 38-

505 that the public officer or employee to whom a benefit is offered, conferred or 

agreed to be conferred was not qualified or authorized to act in the desired way. 

D. It is a defense to a prosecution for a violation of sections 38-503 through 38-505 

that the interest charged to be substantial was a remote interest. 

38-511. Cancellation of political subdivision and state contracts: definition 

A. The state, its political subdivisions or any department or agency of either may, 

within three years after its execution, cancel any contract, without penalty or 

further obligation, made by the state, its political subdivisions, or any of the 

departments or agencies of either if any person significantly involved in initiating, 

negotiating, securing, drafting or creating the contract on behalf of the state, its 

political subdivisions or any of the departments or agencies of either is, at any time 

while the contract or any extension of the contract is in effect, an employee or 

agent of any other party to the contract in any capacity or a consultant to any other 

party of the contract with respect to the subject matter of the contract. 

B. Leases of state trust land for terms longer than ten years cancelled under this 

section shall respect those rights given to mortgagees of the lessee by section 37-

289 and other lawful provisions of the lease. 

C. The cancellation under this section by the state or its political subdivisions shall 

be effective when written notice from the governor or the chief executive officer or 

governing body of the political subdivision is received by all other parties to the 

contract unless the notice specifies a later time. 

D. The cancellation under this section by any department or agency of the state or 

its political subdivisions shall be effective when written notice from such party is 

received by all other parties to the contract unless the notice specifies a later time. 

8 
E. In addition to the right to cancel a contract as provided in subsection A of this 

section, the state, its political subdivisions or any department or agency of either 

may recoup any fee or commission paid or due to any person significantly involved 

in initiating, negotiating, securing, drafting or creating the contract on behalf of the 

state, its political subdivisions or any department or agency of either from any 

other party to the contract arising as the result of the contract. 

F. Notice of this section shall be included in every contract to which the state, its 

political subdivisions, or any of the departments or agencies of either is a party. 

G. For purposes of this section, "political subdivisions" do not include entities 

formed or operating under title 48, chapter 11, 12, 13, 17, 18, 19 or 22. 

49-103. Department employees; legal counsel 

A. The director, subject to title 41, chapter 4, articles 5 and 6, shall employ, 

determine the conditions of employment and specify the duties of administrative, 

secretarial and clerical employees as he deems necessary. 

B. The attorney general shall be the legal advisor of the department and shall give 

legal services as the department requires. Compensation for personnel assigned by 

the attorney general to perform such services shall be a charge against 

appropriations to the department. The attorney general shall prosecute and defend 

in the name of this state all actions necessary to carry out the provisions of this 

title. 

49-106. Statewide application of rules 

The rules adopted by the department apply and shall be observed throughout this 

state, or as provided by their terms, and the appropriate local officer, councilor 

board shall enforce them. This section does not limit the authority of local 

governing bodies to adopt ordinances and rules within their respective jurisdictions 

if those ordinances and rules do not conflict with state law and are equal to or more 

restrictive than the rules of the department, but this section does not grant local 

governing bodies any authority not otherwise provided by separate state law. 

49-107. Local delegation of state authority 

A. The director may delegate to a local environmental agency, county health 

department, public health services district or municipality any functions, powers or 

duties which the director believes can be competently, efficiently and properly 

performed by the local agency if the local agency accepts the delegation and agrees 

to perform the delegated functions, powers and duties according to the standards 

of performance required by law and prescribed by the director. 

B. Monies appropriated or otherwise made available to the department for 

distribution to local agencies may be allocated or reallocated in a manner designed 

to assure that the recognized local activities and the delegated functions, powers 

and duties are accomplished according to the applicable standards of performance. 

C. The director may terminate, for cause, all or part of the delegation and reallocate 

all or part of any monies that may have been conditioned on the further 

performance of the delegated functions, powers and duties. 

49-405. Attainment area designations 

9 
A. The governor may designate the status and classification of areas of this state 

with respect to attainment of national ambient air quality standards. 

B. The'director shall adopt rules that both: 

1. Describe the geographic extent of attainment, nonattainment or unclassifiable 

areas of this state for all pollutants for which a national ambient air quality standard 

exists. 

2. Establish procedures and criteria for changing the designations of areas that 

include all of the following: 

(a) Technical bases for proposed changes, including ambient air quality data, types 

and distributions of sources of air pollution, population density and projected 

population growth, transportation system characteristics, traffic congestion, 

projected industrial and commercial development, meteorology, pollution transport 

and political boundaries. 

(b) Provisions for review of and public comment on proposed changes to area 

designations. 

(c) All area deSignations adopted by the administrator as of May 30, 1992. 

C. On promulgation by the administrator of new or revised national ambient air 

quality standards for pollutants, the department shall develop proposed 

recommendations regarding deSignations for geographic areas of this state as being 

in attainment or nonattainment or unclassifiable with respect to that standard. The 

proposed recommendations shall be provided to the governor to assist the governor 

in submitting recommendations to the administrator pursuant to 42 United States 

Code section 7407(d)(1)(A). The department shall develop the proposed 

recommendations as follows: 

1. No earlier than five months before the date by which the governor must make 

the recommendations and no later than four months before that date, the 

department shall complete a draft of the proposed recommendations and a 

technical support document that explains the scientific and other bases for the draft 

proposal. 

2. No earlier than five months before the date by which the governor must make 

the recommendations and no later than four months before that date, the 

department shall post the draft proposed recommendations and technical support 

. document on the department's website. The department shall provide actual notice 

of the posting to counties and municipalities that would be included in a 

nonattainment area under the proposed recommendations and to any person who 

had previously requested actual notice of the draft documents. Actual notice of the 

posting may be provided by electronic or other means. 

3. The website posting and actual notices prescribed in paragraph 2 of this 

subsection shall include notice that until the close of the comment period, any 

person may submit written comments to the department regarding the draft 

proposed recommendations and technical support document. The notice shall also 

include the date, time and location of a public hearing for the department to receive 

verbal comments and answer questions concerning the draft proposal. The written 

comment period shall close and the hearing shall be held no later than fortY-Six 

days before the date by which the governor must make the recommendations. 

4. After the close of the comment period and after the public hearing and not later 

than one month before the date by which the governor must make the 

recommendations, the department shall finalize the proposed recommendations 

10 
and technical support document and submit them to the governor. The 

department's final proposed recommendations and technical support document 

shall : 

(a) Consider the comments received by the department pursuant to paragraph 3 of 

this subsection. For any area that is proposed to be deSignated a nonattainment 

area in the final proposed recommendations, the department shall with the 

submittal to the governor include a responsiveness summary that explains with 

reasonable particularity the department's consideration of and responses to 

comments received pursuant to paragraph 3 of this subsection. 

(b) Be posted on the department's website within five days after the department's 

submittal to the governor. The posting shall include any responsiveness summary, 

and the department shall provide actual notice of the posting to counties and 

municipalities that would be included in a nonattainment area under the final 

proposed recommendations and to any person who had previously requested actual 

notice of the documents. Actual notice of the posting may be provided by electronic 

or other means. . 

D. The department shall post on its website a copy of the governor's 

recommendations within five days after the recommendations are submitted to the 

administrator. 

E. If the administrator requires the governor's recommendations to be submitted 

six months after promulgation of the new or revised national ambient air quality 

standards or earlier, the time frames prescribed in subsections C and D shall be 

reduced by one-half. 

49-421. Definitions 

In this article, unless the context otherwise requires: 

1. "Air contaminants" includes smoke, vapors, charred paper, dust, soot, grime, 

carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, 

particulate matter, wind-borne matter, radioactive materials, or noxious chemicals, 

or any other material in the outdoor atmosphere. 

2. "Air pollution" means the presence in the outdoor atmosphere of one or more air 

contaminants or combinations thereof in sufficient quantities, which either alone or 

in connection with other substances by reason of their concentration and duration 

are or tend to be injurious to human, plant or animal life, or cause damage to 

property, or unreasonably interfere with the comfortable enjoyment of life or 

property of a substantial part of a community, or obscure visibility, or which in any 

way degrade the quality of the ambient air below the standards established by the 

director. 

3. "Person" includes any public or private corporation, company, partnership, firm, 

association or society of persons, the federal government and any of its 

departments or agencies, the state and any of its agencies, departments or political 

subdivisions, as well as a natural person. 

4. "Special inspection warrant" means an order in writing issued in the name of the 

state of Arizona, signed by a magistrate, directed to the director or his deputies, 

authorizing him to enter into or upon any public or private property for the purpose 

of making an inspection authorized by law. 

49-422. Powers and duties 

11 
A. In addition to any other powers vested in it by law, the department may: 

1. Accept, receive and administer grants or other funds or gifts from public and 

private agencies, including the federal government, to carry out any of the 

purposes of this chapter. All monies resulting therefrom shall be deposited, 

pursuant to sections 35-146 and 35-147, in the account of the department. 

2. Secure necessary scientific, technical, administrative and operational services, 

including laboratory facilities, by contract or otherwise to carry out the purposes of 

this chapter. 

3. Require, as specified in subsections Band C of this section, any source of air 

contaminants to monitor, sample or perform other studies to quantify emissions of 

air contaminants or levels of air pollution that may reasonably be attributable to 

that source, if the director either: . 

(a) Determines that monitoring, sampling or other studies are necessary to 

determine the effects of the source on levels of air pollution. 

(b) Has reasonable cause to believe a violation of this chapter, rules adopted 

pursuant to this chapter or a permit issued pursuant to this chapter has been 

committed. 

(c) Determines that those studies or data are necessary to accomplish the purposes 

of this chapter, and that the monitoring, sampling or other studies by the source 

are necessary in order to assess the impact of the source on the emission of air 

contaminants. 

B. The director shall adopt rules requiring sources of air contaminants to monitor, 

sample or otherwise quantify their emissions of air pollution that may reasonably be 

attributable to such sources for air contaminants for which ambient air quality 

standards or emission standards or design, equipment, work practice or operational 

standards have been adopted pursuant to section 49-424 or section 49-425, 

subsection A. In the development of the rules, the director shall consider the cost 

and effectiveness of the monitoring, sampling or other studies. . 

C. For those sources of air contaminants for which rules are not required to be 

adopted pursuant to subsection B of this section, the director may require a source 

of air contaminants, by permit or order, to perform monitoring, sampling or other 

quantification of its emissions or air pollution that may reasonably be attributed to 

such a source. Before requiring such monitoring, sampling or other quantification 

by permit or order, the director shall consider the relative cost and accuracy of any 

alternatives that may be reasonable under the circumstances such as emission 

factors, modeling, mass balance analyses or emissions projections. The director 

may require such monitoring, sampling or other quantification by permit or order if 

the director determines in writing that all of the following conditions are met: 

1. The actual or potential emissions or air pollution may adversely affect public 

health or the environment. 

2. A 'monitoring, sampling or quantification method is technical'ly feasible for the 

subject contaminant and the source. 

3. An adequate scientific basis for the monitoring, sampling or quantification 

method exists. 

4. The monitoring, sampling or quantification method is reasonably accurate. 

5. The cost of the method is reasonable in light of the use to be made of the data. 

D. In determining the frequency and duration of monitoring, sampling or 

quantification of emissions under subsections Band C of this section, the director 

12 
shall consider the five factors prescribed in subsection C of this section and the 

level of emissions from the source. 

E. Orders issued and permit conditions imposed pursuant to this section may be 

appealed as appealable agency actions pursuant to title 41, chapter 6, article 10. 

F. On request of the on-scene commander or the department of health services, the 

department of environmental quality shall assist at a significant chemical or other 

toxic fire event, excluding chemical or nuclear warfare or biological agents, and 

shall provide the following services if funding is available and if the director, in the 

director's professional capacity, determines the department's provision of services 

is necessary to protect human health and the environment: 

1. Collect air samples for likely contaminants resulting from the fire. The 

department of environmental quality shall coordinate sampling locations, times and 

pollutants to be sampled with the department of health services and other 

appropriate health and emergency response officials. 

2. Maintain an hourly plume report that includes meteorological conditions that 

affect dispersal of smoke. 

3. In consultation with the department of health services and the on-scene 

coordinator, prepare a report that includes test results of any sampling, including 

the sampling rationale and protocol and chain of custody report using applicable 

environmental protection agency standards. The report shall also include, to the 

extent practicable, a smoke dispersion map with detail adequate to determine 

possible areas of impact at the level of detail practicable and a listing of likely 

releases of any chemical that is categorized by the United States environmental 

protection agency as a hazardous air pollutant and the corresponding 

environmental protection agency description of possible health effects of the 

chemical based on a reliable inventory of hazardous materials at the site or facility. 

49"-424. Duties of department 

The department shall: 

1. Determine whether the meteorology of the state is such that airsheds can be 

reasonably identified and air pollution,' therefore, can be controlled by establishing 

air pollution control districts within well defined geographical areas. 

2. Make continuing determinations of the quantity and nature of emissions of air 

contaminants, topography, wind and temperature conditions, possible chemical 

reactions in the atmosphere, the character of development of the various areas of 

the state, the economic effect of remedial measures on the various areas of the 

state, the availability, use and economic feasibility of air-cleaning devices, the 

effect on human health and danger to property from air contaminants, the effect on 

industrial operations of remedial measures and other matters necessary to arrive at 

a better understanding of air pollution and its control. In a county with a population 

in excess of one million two hundred thousand persons according to the most 

recent United States decennial census, the department shall locate a monitoring 

system in at least two remote geographic sites. 

3. Establish substantive policy statements for identifying air quality exceptional 

events that take into consideration this state's unique geological, geographical and 

. climatological conditions and any other unusual circumstances. These substantive 

policy statements shall be developed with the planning agency certified pursuant to 

13 
section 49-406, subsection A and the county air pollution control department or 

district. 

4. Determine the standards for the quality of the ambient air and the limits of air 

contaminants necessary to protect the public health, and to secure the comfortable 

enjoyment of life and property by the citizens of the state or in any defined 

geographical area of the state where the concentration of air pollution sources, the 

health of the population, or the nature of the economy or nature of land and its 

uses so require, and develop and transmit to the county boards of supervisors 

minimum state standards for air pollution control. ' 

5. Conduct investigations, inspections and tests to carry out the duties of this 

section under the procedures established by this article. 

6. Hold hearings relating to any aspect of or matter within the duties of this section, 

and in connection therewith, compel the attendance of witnesses and the 

production of records under the procedures established by section 49-432. 

7. Prepare and develop a comprehensive plan or plans for the abatement and 

control of air pollution in this state. 

8. Encourage voluntary cooperation by advising and consulting with persons or 

affected groups or other states to achieve the purposes of this chapter, including 

voluntary testing of actual or suspected sources of air pollution. 

9. Encourage political subdivisions of the state to handle air pollution problems 

within their respectiye jurisdictions, and provide as it deems necessary technical 

and consultative assistance therefor. 

10. Compile and publish from time to time reports, data and statistics with respect 

to those matters studied and investigated by the department. 

11. Develop and disseminate air quality dust forecasts for the Maricopa county PM10 nonattainment area. Each forecast shall identify a low, moderate or high risk of 

dust generation for the next five consecutive days and shall be issued by noon on 

each day the forecast is generated. At a minimum, the forecasts shall be posted on 

the department's website and distributed electronically. When developing these 

forecasts, the department shall consider all of the following: 

(a) Projected meteorological conditions for the Maricopa county area, including all 

of the following: 

(i) Wind speed and direction. 

(ii) Stagnation. 

(iii) Recent precipitation. 

(iv) Potential for precipitation. 

(b) Existing concentrations of air pollution at the time of the forecast. 

(c) Historic air pollution concentrations that have been observed during 

meteorological conditions similar to those that are predicted to occur in the 

forecast. 

49-425. Rules; hearing 

A. The director shall adopt such rules as he determines are necessary and feasible 

to reduce the release into the atmosphere of air contaminants originating within the 

territorial limits of the state or any portion thereof and shall adopt, modify, and 

amend reasonable standards for the quality of, and emissions into, the ambient air 

of the state for the prevention, control and abatement of air pollution. Additional 

standards shall be established for particulate matter emissions, sulfur dioxide 

14 
emissions, and other air contaminant emissions determined to be necessary and 

feasible for the prevention, control and abatement of air pollution. In fixing such 

ambient air quality standards, emission standards or standards of performance, the 

director shall give consideration but shall not be limited to the relevant factors 

prescribed by the clean air act. 

B. No rule may be enacted or amended except after the director first holds a public 

hearing after twenty days' notice of such hearing. The proposed rule, or any 

proposed amendment of a rule, shall be made available to the public at the time of 

notice of such hearing. 

C. The department shall enforce the rules adopted by the director. 

D. All rules enacted pursuant to this section shall be made available to the public at 

a reasonable charge upon request. 

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

A. A permit shall: 

1. Be issued by the director in compliance with the terms of this section. 

2. Be required for any person seeking a compliance extension pursuant to section 

49-426.03, subsection B, paragraph 3 and section 112(a)(5) of the clean air act 

and for any person beginning actual construction of or operating any source, except 

as prescribed in subsection B of this section or section 49-426.01. 

B. The provisions of this section shall not apply to motor vehicles, to agricultural 

vehicles or agricultural equipment used in normal farm operations, or to fuel 

burning equipment which, at a location or property other than a one or two family 

residence, is rated at less than one million British thermal units per hour. The 

director may establish by rule additional sources or classifications of sources for 

which a permit is not required and pollutant-emitting activities and emissions units 

at permitted sources that are not required to be included in the permit. The director 

shall not adopt such rules unless the director makes a written finding with 

supporting facts that the exempted source, class of sources, pollutant-emitting 

activities or emissions units will have an insignificant adverse impact on air quality. 

In adopting these rules, the director may consider any rule that is adopted by the 

administrator pursuant to section 502 of the clean air act and that exempts one or 

more source categories from the requirement to obtain a permit under title V of the 

clean air act. 

C. Every application for a permit shall be filed in the manner and form prescribed 

by the director, and shall contain all the information necessary to enable the 

director to make the determination to grant or deny such application. The director 

shall establish by rule requirements for permit applications, including the standard 

application form for title V sources. The director shall establish by rule requirements 

for applications for general permits. An application for a permit issued pursuant to 

title V of the clean air act shall include a compliance plan that describes how the 

applicant will comply with all of the applicable requirements of this chapter and the 

clean air act, including a schedule of compliance and a schedule under which 

progress reports will be submitted to the director at least every six months. The 

director may require that such application include all sources that are used or to be 

used by the applicant in a certain process or a single facility or location. Before 

acting on an application for a permit, the director may require the applicant to 

furnish further information or further plans or specifications. The director shall act, 

15 
within a reasonable time, on such application and shall notify the applicant in 

writing of the proposed approval or denial of such application, except that the 

director may have a reasonable period of time in which to gather information, 

inspect premises, and issue such permits. The director shall adopt rules that 

establish procedures for determining when applications are complete, for processing 

applications and for reviewing permit actions. The director shall also establish by 

rule criteria for determining reasonable times for processing permit applications. 

Rules adopted pursuant to this subsection for permits issued pursuant to title V of 

the clean air act shall conform to the requirements of section SOS(a) of the clean air 

act. 

D. The director shall give notice of a proposed permit for a source required to 

obtain a permit pursuant to title V of the clean air act once each week for two 

consecutive weeks in two newspapers of general circulation in the county in which 

the source is or will be located. The notice shall describe the proposed permit and 

air contaminants to be emitted and shall state that any person may submit 

comments on the proposed permit and may request a public hearing. The director 

shall require the applicant at the time of the first notice to post the site where the 

source is or may be located. If permitted by federal, state and local law, the posting 

shall be prominently placed at a site that is under the applicant's legal control and 

that is adjacent to the nearest public roadway. The posting shall be visible to the 

public using the public roadway and shall contain the information in the notice that 

is published by the director. If a public hearing is requested, the director shall 

require the applicant to place an additional posting that provides notice of the 

public hearing. A posting shall be maintained until the public comment period on 

the proposed permit is closed. The director shall make available to the public 

notices of proposed permits. Each public notice that is issued under this chapter 

shall be mailed to the permit applicant, to the affected federal, state and local 

agencies and to those persons who have requested in writing copies of proposed 

permit action notices. During the public comment period, any person may submit a 

request to the department to conduct a public hearing for the purpose of receiving 

oral or written comments on the proposed permit. A written comment shall state 

the name and mailing address of the person, shall be signed by the person, his 

agent or his attorney and shall clearly set forth reasons why the permit should or 

should not be issued. Grounds for comment are limited to whether the proposed 

permit meets the criteria for issuance prescribed in this section or in section 49-

427. The department shall consider and prepare written responses to all comments 

received during the public comment period including comments made at a public 

hearing conducted by the department. At the time a final permit decision is made, 

copies of the department's responses shall be made available to the applicant and 

any person who commented on the proposed permit. 

E. Permits or revisions issued pursuant to this section or section 49-426.01 may be 

issued subject to such terms and conditions as are consistent with the requirements 

of this article, article 1 of this chapter and the clean air act and are found by the 

director to be necessary, following public notice and an opportunity for a public 

hearing as provided in subsection D or H of this section or in section 49-426.01, 

and subject to payment of a reasonable fee to be determined as follows: 

1. For a source that is required to obtain a permit pursuant to title V of the clean air 

act, the director shall establish by rule a system of fees that is consistent with and 

16 
equivalent to that prescribed by section 502 of the clean air act. These rules shall 

prescribe procedures for increasing the fee each year by the percentage if any by 

which the consumer price index for the immediately preceding calendar year 

exceeds the consumer price index for calendar year 1989. 

2. For a facility that is required to obtain a permit pursuant to this chapter but that 

is not required to obtain a permit pursuant to title V of the clean air act, the 

director shall determine a fee based on the total actual cost of processing the 

permit application, but not exceeding twenty-five thousand dollars. 

The director shall establish an annual inspection fee, not to exceed the average cost 

of inspection. The director shall adopt, by rule, criteria for determining fees and for 

public hearings.· . 

F. Permits issued pursuant to this section shall be issued for a period of five years. 

G. Except as provided in subsection H of this section, any person burning used oil, 

used oil fuel, hazardous waste or hazardous waste fuel in any machine, incinerator 

or device shall first obtain a permit from the director. Any permit issued by the 

director under this subsection shall contain, at a minimum, conditions governing: 

1. Limitations on the types, amounts and feed rates of used oil, used oil fuel, 

hazardous waste or hazardous waste fuel which may be burned. 

2. The frequency and types of fuel testing to be conducted by the person. 

3. The frequency and type of emissions testing or monitoring to be conducted by 

the person. 

4. Requirements for record keeping and reporting. 

5. Numeric emission limitations expressed in pounds per hour and tons per year for 

air contaminants to be emitted from the facility burning off-specification used oil 

fuel, hazardous waste or hazardous waste fuel. 

H. The director may issue a general permit for a defined class of facilities if the 

class contains a large number of facilities that are substantially similar in nature 

and that have substantially similar emissions and if the following conditions are 

met: 

1. A general permit shall comply with all of the requirements for permits prescribed 

by this section except for the requirements of subsection D of this section and shall 

be consistent with the clean air act. 

2. The director shall give notice of the proposed general permit once each week for 

two consecutive weeks in a newspaper of general circulation in each county. The 

notice shall describe the proposed general permit, the general class of sources that 

would be subject to the proposed permit and the air contaminants to be emitted. 

The notice shall also state that any person may submit comments on the proposed 

general permit and may request a public hearing. A written comment shall state the 

name of the person and the person's agent or attorney and shall clearly set forth 

reasons why the general permit should or should not be issued. Grounds for 

comment are limited to whether the proposed general permit meets the criteria for 

issuance prescribed in this section or section 49-427. 

3. On issuance of a general permit any person seeking to permit a source under 

this subsection shall submit an application pursuant to subsection C of this section. 

4. If the director approves an application to be permitted under a general permit, 

the director shall provide notice of the approval in a newspaper of general 

circulation in the county in which the source is or will be located. 

17 
5. If a person violates a general permit, the director may require the source to 

obtain a permit pursuant to subsection A of this section. 

6. A general permit may be revoked or revised at any time by the director if 

necessary to comply with this chapter. If the director revokes or revises a general 

permit, the director shall notify all persons whose sources are affected by the 

revocation or revision and shall include notice of procedures to obtain a permit 

pursuant to subsection A of this section or notice of procedures for compliance with 

the revisions. 

7. The director by rule shall adopt procedures for the issuance of general permits. 

8. The director may adopt conditions in a general permit applicable to sources 

located in a specified geographic area either independently of or upon petition by a 

county air pollution control officer. 

I. Permits issued pursuant to this section for a source required to obtain a permit 

under title V of the clean air act shall contain all of the following: 

1. Conditions reflecting all applicable requirements of this article and rules adopted 

pursuant to this article. 

2. Enforceable emission limitations and standards. 

3. A schedule for compliance, if applicable. 

4. The requirement to submit at least every six months the results of any required 

monitoring. 

5. Any other conditions that are necessary to assure compliance with this article 

and the clean air act, including the applicable implementation plan. 

J. The director may refuse to issue any permit to any source subject to the 

requirements of title V of the clean air act if the administrator objects to its 

issuance in a timely manner as prescribed under title V of the act. 

K. If an applicant has submitted a timely and complete application for a permit 

required under' this section, but final action has not been taken on that application, 

failure to obtain a permit shall not be a violation of this chapter unless the delay in 

final action is due to the failure of the applicant to submit information required or 

requested to process the application. This subsection does not apply to any person 

required to obtain a permit before commencing construction of a source as required 

under this section or any person seeking a permit revision as provided under 

section 49-426.01. 

L. The director may issue a single permit authorizing emissions from similar 

operations at multiple temporary locations, if the permit includes conditions that 

will assure compliance with all applicable requirements of this chapter and the clean 

air act at all locations. Any permit issued pursuant to this subsection shall require 

the applicant to notify the director in advance of each change in location. In issuing 

a single permit, the director may require a separate permit fee for operations at 

each location. 

M. In the case of a permit with a term of three or more years issued pursuant to 

the requirements of title V of the clean air act to a major source, the director shall 

require revisions to the permit to incorporate applicable standards and regulations 

adopted by the administrator pursuant to the clean air act after the ,issuance of the 

permit. The director shall require any revisions as expeditiously as practicable, but 

not later than eighteen months after the promulgation of such standards and 

regulations. No permit revision shall be required if the effective date of standards 

18 
and regulations is after the expiration of the permit. Any permit revision required 

pursuant to this subsection shall be treated as a permit renewal. 

N. Any permit issued pursuant to the requirements of this article and title V of the 

clean air act to a unit subject to the provisions of title IV of the clean air act shall 

include conditions prohibiting all of the following: 

1. Annual emissions of sulfur dioxide in excess of the number of allowances to emit 

sulfur dioxide held by the owners or operators of the unit or by the deSignated 

representative of the owners or operators. 

2. Amounts in excess of applicable emission rates. 

3. The use of any allowance prior to the year for which it was allocated. 

4. Contravention of any other provision of the permit. 

O. The director shall adopt a rule specifying the notice, public participation 

requirements and other permit issuance procedures for permits that are not issued 

pursuant to title V of the clean air act. 

P. In determining whether a permitting threshold established pursuant to this 

section applies to an existing source, the director shall exclude particulate matter 

that is not subject to a national ambient air quality standard under the clean air act. 

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

A. The director shall establish by rule provisions to allow changes within a source 

required to obtain a permit under title V of the clean air act without requiring a 

permit revision if all of the following conditions are met: 

1. The changes do not constitute modifications under title I of the clean air act. 

2. The changes do not result in an emission that is greater than the emissions 

allowed under the permit. 

3. The source provides the director with a written notice of the proposed changes at 

least seven days in advance of the beginning of those changes. 

4. The source satisfies other conditions that may be established in the rules 

adopted pursuant to this section for title V sources. Rules adopted pursuant to this 

section at a minimum shall conform to those adopted by the administrator pursuant 

to title V of the clean air act and may prescribe a different time limit for 

notifications associated with emergency conditions. 

B. A permit issued pursuant to section 49-426 may be revised, revoked and 

reissued, or terminated for cause. The filing of a request for a permit revision, 

revocation and reissuance, or termination or a notification filed pursuant to 

subsection A of this section does not stay an effective permit condition. The director 

may require that the applicant provide in writing within a reasonable time any 

information that the director identifies as necessary for the director to determine if 

cause exists for revising, revoking and reiSSUing, or terminating the permit or for 

determining compliance with permit conditions. 

C. The director shall establish by rule procedures related to public and departmental 

review of changes to a permitted source. For title V sources, these rules at a 

minimum shall conform to those adopted by the administrator pursuant to title V of 

the clean air act. For changes to sources that are not required to obtain a permit 

under title V of the clean air act, the necessity for and level of public and 

departmental review of a change shall be determined as prescribed by this chapter 

and the environmental significance of the change. 

19 
49-432. Classification and reRorting: confidentiality of records 

A. The director, by rule, shall classify air contaminant sources according to levels 

and types of emissions and other characteristics which relate to air pollution, and 

shall require reporting for any such class or classes. Reports may be required as to 

physical outlets, processes and fuels used, the nature and duration of emissions 

and such other information as is relevant to air pollution and deemed necessary by 

the director. . 

B. The owner, lessee or operator of a source under the jurisdiction of the 

department shall provide, install, maintain, and operate such air contaminant 

monitoring devices as are reasonable, necessary, and required to determine 

compliance in a manner acceptable to the director, and shall supply monitoring 

information as directed in writing by the director. Such devices shall be available for 

inspection by the director, or his deputies, during all reasonable times. 

C. The department shall make available to the public any records, reports or 

information obtained from any person pursuant to this chapter, including records, 

reports or information obtained or prepared by the director or: a department 

employee, except that the information or any particular part of the information shall 

be considered confidential on either of the following: 

1. Notice from the person accompanying the information or a particular part of the 

information that the information, if made public, would divulge the person's trade 

secrets as defined in section 49-201 or other information that is likely to cause 

substantial harm to the person's competitive position. 

2. A determination by the attorney general that disclosure of the information or a 

particular part of the information would be detr:imental to an ongoing criminal 

investigation or to an ongoing or contemplated civil enforcement action filed under 

this title in superior court. 

D. If the director on his own or following a request for disclosure disagrees with the 

confidentiality notice, he may request the attorney general to seek a court order 

authorizing disclosure. If a court order is sought, the person shall be served with a 

copy of the court filing and has twenty business days from the date of service to 

request a hearing on whether a court order should be issued. The hearing shall be 

conducted in camera, and any order resulting from the hearing is appealable as 

provided by law. The director may not disclose the confidential information until a 

court order authorizing disclosure has been obtained and becomes final. The court 

may award costs of litigation including reasonable attorney and expert witness fees 

to the prevailing party. 

E. Notwithstanding subsection C, the department shall make available to the public 

the following information obtained from any person pursuant to this chapter: 

1. The name and address of any permit applicant or permittee. 

2. The chemical constituents, concentrations and amounts of any emission of any 

air contaminant. 

3. The existence or level of a concentration of an air pollutant in the environment. 

F. Notwithstanding subsection C, the director may disclose, with an accompanying 

confidentiality notice, any records, reports or information obtained by the director 

or department employees to: 

1. Other state employees concerned with administering this chapter or if the 

records, reports or information is relevant to any administrative or judicial 

proceeding under this chapter. . 

20 
2 .. Employees of the United States environmental protection agency if the 

information is necessary or required to administer and implement or comply with 

federal statutes or iegulations. 

49-433. Special inspection warrant 

A. The director and his deputies charged under this chapter or the rules and 

regulations adopted pursuant to this chapter with powers or duties involving 

inspection of real or personal property including buildings, building premises and 

building contents for the purpose of air pollution control shall be authorized to 

present themselves before a magistrate and apply for, obtain and execute special 

inspection warrants. Such inspections shall be limited to property other than the 

interior or structures used as private residences. 

B. Upon showing by the affidavit of the director or his deputies that consent to 

entry for inspection purposes has been refused or circumstances justify the failure 

to seek such consent, special inspection warrants may be issued by a magistrate for 

inspection of public or private, real or personal properties. Such warrants shall not 

be necessary in the case of an emergency where there is an imminent and 

substantial endangerment to the health of persons. 

C. The warrant shall be in substantially the following form: "County of 

_________ , state of Arizona to the director or any deputy director in 

the state of Arizona, proof by affidavit having been this day made before me by 

(person or persons whose affidavit has been taken) that in and upon certain 

premises in the (city, town or county) of and more particularly 

described as follows: (describe the premises with reasonable particularity) there 

now exists a reasonable governmental interest to determine if such premises 

comply with (section of the Arizona Revised Statutes) and/or 

(section of regulation or ordinance). You are therefore 

commanded in the day time (or during reasonable business hours), to make an 

inspection of said premises as soon as practicable. Date, signature and title of 

office." The endorsement on the warrant shall be in substantially the following 

form: "Received by me , 19 __ , at o'clock 

_______ . (Name of director or deputy director)." The return of officer shall 

be in substantially the following form: "I hereby certify that by virtue of the within 

warrant I searched the named premises and found the following things (describe 

findings). Dated this day of , 19_ (Name of director or 

deputy director)." 

D. The warrant may be served by the director or his deputies mentioned in its 

directions, but by no other person except in aid of the director or his deputies, on 

his requiring it, the director or his deputies being present and acting in its 

execution. 

E. A warrant shall be executed and returned to the magistrate who issued it within 

ten days after its date. After the expiration of that time, the warrant shall unless 

executed be void. 

F. Any person who wilfully refuses to permit an inspection lawfully authorized by 

warrant issued pursuant to this article is guilty of a petty offense. 

49-435. Hearings on orders of abatement 

. 21 
An order of abatement issued by the director shall become effective immediately 

upon the expiration of the time during which a request for a hearing may be made 

pursuant to section 49-461 unless the person or persons named in the order have 

appealed the order of abatement as an appealable agency action pursuant to title 

41, chapter 6, article 10. 

49-441. Suspension and revocation of conditional order 

If the terms and conditions of the conditional order are being violated, the director 

may seek to revoke or suspend the conditional order granted. In such event, the 

director shall serve notice of such violation on the holder of the conditional order in 

the manner provided in section 49-444. The notice shall specify the nature of such 

violation and the date on which a hearing will be held to determine if such a 

violation has occurred and whether the conditional order should be suspended or 

revoked. The date of the hearing shall be within thirty days from the date the notice 

is served upon the holder of the conditional order. 

49-455. Permit administration fund 

A. A permit administration fund is established consisting of fees and interest 

collected pursuant to 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 of section 35-190 relating to lapsing of 

appropriations. 

B. Monies in the fund collected pursuant to sections 49-426 and 49-426.01 shall be 

used for the following: 

1. In the case of fees collected pursuant to section 49-426, subsection E, paragraph 

1, all reasonable direct and indirect costs required to develop and administer the 

permit program requirements of title V of the clean air act. 

2. In the case of other fees, administering permits or revisions issued pursuant to 

section 49-426 or 49-426.01 or conducting inspections. 

C. No more than five per cent of the monies in the fund may be used for the 

collection of monies, unless otherwise provided under title V of the clean air act. 

D. No more than five per cent of the monies in the fund may be used for general 

administration of the fund unless otherwise provided under title V of the clean air 

act. 

49-460. Violations: production of records 

When the director has reasonable cause to believe that any person has violated or 

is in violation of any provision of this article, any rule adopted pursuant to this 

article or any requirement of a permit issued pursuant to this article, he may 

request in writing that such person produce all existing books, records and other 

documents evidencing tests, inspections or studies which may reasonably relate to 

compliance or noncompliance with rules adopted pursuant to this article. 

49-461. Violations: order of abatement 

When the director has reasonable cause to believe that any person has violated or 

is in violation of any provision of this article, any rule adopted pursuant to this 

22 
article or any requirement of a permit issued pursuant to this article, he may serve 

upon such person by certified mail or in person an order of abatement or may file a 

complaint in superior court alleging a violation pursuant to section 49-463. The 

order shall state with particularity the act constituting the violation, shall state in its 

entirety the specific requirement, provision or rule violated, shall state the duration 

of the order and shall state that the alleged violator is entitled to a hearing, if such 

hearing is requested in writing within thirty days after the date of issuance of the 

order. The order may be conditional and require a pers.on to refrain from particular 

acts unless certain conditions are met. An order issued under this section shall 

require the persons to whom it is issued to comply with the requirement, provision 

or rule as expeditiously as practicable. In the case of a source required to obtain a 

permit pursuant to this article and title V of the clean air act, the order shall require 

compliance no later than one year after the date the order was issued and may be 

renewable for no more than one additional year on a showing of good cause to the 

director. 

49-462. Violations: injunctive relief 

The attorney general, at the request of the director, shall file an action for a 

temporary restraining order, a preliminary injunction, a permanent injunction or 

any other relief provided by law, if the director has reasonable cause to believe that 

any of the following is occurring: 

1. A person has violated or is in violation of any provision of this article, a rule 

adopted pursuant to this article or a permit issued pursuant to this article. 

2. A person" has violated or is in violation of an effective order of abatement. 

3. A person is creating an imminent and substantial endangerment to the public 

health or the environment because of a release of a harmful air contaminant, unless 

that release is subject to enforcement under title 3, chapter 2, article 6. 

49-463. Violations: civil penalties 

A. A person who violates any provision of this article, any permit or permit 

condition issued pursuant to this article, any fee or filing requirement, any rule 

adopted pursuant to this article, an effective order of abatement issued pursuant to 

this article or any duty to allow or carry out inspection, entry or monitoring 

activities, is subject to a civil penalty of not more than ten thousand dollars per day 

per violation. The attorney general at the request of the director shall file an action 

in superior court to recover penalties provided for in this section. 

B. For purposes of determining the number of days of violation for which a civil 

penalty may be assessed under this section, if the director has notified the source 

of the violation and makes a prima facie showing that the conduct or events giving" 

rise to the violation are likely to have continued or recurred past the date of notice, 

the days of violation shall be presumed to include the date of such notice and each 

day thereafter until the violator establishes that continuous compliance has been 

achieved, except to the extent that the violator can prove by a preponderance of 

the evidence that there were intervening days during which no violation occurred or 

that the violation was not continuing in nature. Notice under this section is 

accomplished by the issuance of a notice of violation or order of abatement or by" 

filing a complaint in superior court that alleges any violation described in subsection 

A. 

23 
C. In determining the amount of a civil penalty under this section, the court shall 

consider all of the following: 

1. The seriousness of the violation. 

2. As an aggravating factor only, the economic benefit, if any, resulting from the 

violation. 

3. Any history of that violation. 

4. Any good faith efforts to comply with the applicable requirements. 

5. The economic impact of the penalty on the violator. 

6. The duration of the violation as established by any credible evidence including 

evidence other than the applicable test method. 

7. Payment by the violator of penalties previously assessed for the same violation. 

S. Other factors the court deems relevant. 

D. All penalties collected pursuant to this section shall be deposited, pursuant to 

sections 35-146 and 35-147, in the state general fund. 

49-464. Violation; classification; penalties; definition 

A. A person who knowingly releases into the ambient air any extremely hazardous 

substance listed pursuant to 42 United States Code section 11002(a)(2) or any 

hazardous air pollutant and who knows at the time that he thereby places another 

person in imminent danger of death or serious bodily injury shall be guilty of a class 

2 felony. For any air pollutant for which the administrator or director has 

established a standard by regulation or in a permit, a release of such pollutant in 

accordance with that standard shall not constitute a violation of this subsection. For 

purposes of determining whether a defendant who is an individual knew that the 

violation placed another in imminent danger of serious bodily injury both of the 

following shall apply: 

1. The defendant is responsible only for actual awareness or actual belief 

possessed. 

2. Knowledge possessed by another person but not by the defendant may not be 

attributed to the defendant. 

Notwithstanding paragraphs 1 and 2 of this subsection, circumstantial evidence, 

including evidence that the defendant took affirmative steps to be shielded from 

relevant information, may be used to prove knowledge. 

B. A person who operates a source that is required to have a permit both under this 

article and under title V of the clean air act and who knowingly operates such 

source without a permit issued by the director and without having filed a complete 

application for renewal of an existing permit in accordance with title V of the clean 

air act and this article is guilty of a class 5 felony. 

C. A person who operates a source that is subject to an emission standard that is 

required to be imposed in the source's permit both under this article and under title 

V of the clean air act, and who knowingly violates such emission standard is guilty 

of a class 5 felony. 

D. A person who is subject to an effective order of abatement issued under this 

article and who knowingly violates such order is guilty of a class 5 felony. 

E. A person who is required by the director pursuant to this article to conduct 

performance tests, and who knowingly alters or modifies any such performance test 

in order to render the results inaccurate is guilty of a class 5 felony. 

24 
F. A person who is required by the director to maintain any monitoring device 

pursuant to this article, and who knowingly alters, modifies or destroys such 

monitoring device in order to render the device inaccurate is guilty of a class 5 

felony. 

G. A person who operates a source that is required to have a permit issued 

pursuant to this article and that is subject to a material permit condition other than 

an emission standard identified in subsection C of this section, and who knowingly 

violates such permit condition is guilty of a class 6 felony. For purposes of this 

subsection a material permit condition means a permit condition· determined by the 

director by rule to be material after considering the following criteria: 

1. The effect of the permit condition on public health and the environment. 

2. The effect of the permit condition on the department's ability to enforce the 

permit program. 

3. The effect of noncompliance with the permit condition on emissions. 

4. The effect of the permit condition on the director's ability to determine a source's 

compliance status. 

The director shall adopt the rules required by this subsection and section 49-514, 

subsection G by November 1, 1993. 

H. A person who is required to obtain a permit before commencing construction of a 

source both under this article and under title V of the clean air act, and who 

knowingly commences construction of such source without a permit issued by the 

director is guilty of a class 6 felony. 

I. A person who operates a source that is not identified in subsection B of this 

section and that requires a permit under this article, and who knowingly operates 

such source without a permit issued by the director and without having filed a 

complete application for renewal of an existing permit in accordance with this article 

is guilty of a class 6 felony. 

J. A person who is required by the director pursuant to this article to operate a 

monitoring device, and who knowingly fails to maintain, operate or repair such 

monitoring device in order to render the device inaccurate is guilty of a class 6 

felony. 

K. A person who is required to obtain a permit to commence construction of a 

source under this article but not under title V of the clean air act, and who acting 

with criminal negligence commences construction of such source without a permit 

issued by the director is guilty of a class 1 misdemeanor. 

L. A person who acting with criminal negligence does any of the following is guilty 

of a class 1 misdemeanor: 

1. Violates a permit condition not described in subsection C or G of this section. 

2. Violates an opacity standard, unless the opacity standard is required by section 

111 or title I, part C or D, of the clean air act. 

3. Violates a fee or filing requirement established both under this article and under 

title V of the clean air act. 

4. Violates any other provision of this article for which a penalty is not otherwise 

prescribed. 

M. Under this section, a knowing violation that continues for more than one day, 

but that results from a single act or series of related acts, constitutes the 

commission of a single offense. 

N. The attorney general may enforce the provisions of this section. 

25 
O. In determining the amount of a fine under this section, the court shall consider 

all of the following: 

1. The seriousness of the violation. 

2. As an aggravating factor only, the economic benefit, if any, resulting from the 

violation. 

3. Any history of that violation; 

4. Any good faith efforts to comply with the applicable requirements. 

5. The economic impact of the penalty of the violator. 

6. The duration of the violation as established by any credible evidence including 

evidence other than the applicable test method. 

7. Payment by the violator of penalties previously assessed for the same violation. 

S. Other aggravating and mitigating factors as the court deems relevant. 

P. It shall be an affirmative defense to any prosecution under subsection A of this 

section that the conduct charged was freely consented to by the person endangered 

and that the danger and conduct charged were reasonably foreseeable hazards of 

either of the following: 

1. An occupation, business or profession. 

2. Medical treatment or medical or scientific experimentation conducted by 

professionally approved methods provided that the person endangered was made 

aware of the risk involved in the treatment or experimentation prior to giving 

consent. 

Q. It shall be an affirmative defense to any prosecution for violation of an emission 

standard or opacity standard under subsection C or G or subsection L, paragraph 1, 

2 or 4 of this section that both of the following conditions were satisfied: 

1. The violation was reported by verbal orfacsimile notification to the director 

within twenty-four hours after the source first learned of the violation. 

2. The owner or operator of the source provided written notification to the director 

containing all of the following information within seventy-two hours following the 

verbal or facsimile notification: 

(a) Confirmation of the violation for which verbal or facsimile notification was 

provided. 

(b) Identification of the practicable corrective measures that have been undertaken 

or will be undertaken to control and minimize emissions until compliance with the 

applicable standard is achieved. 

In the case of continuous or recurring violations, the notification requirement shall 

be satisfied if the source provides the required notification after violations are first 

detected and includes in such notification an estimate of the time the violations will 

continue. Violations occurring after the estimated time period shall require 

additional notification pursuant to the first sentence of this paragraph. 

R. It shall be an affirmative defense to any prosecution under subsection B, H, I or 

K of this section for operating a source or commencing construction without a 

permit that, after accurately disclosing in writing all relevant information that is 

necessary to assess the requirement to obtain a permit and that is requested by a 

permitting authority, the defendant obtained and relied upon the written advice of a 

permitting authority that no permit was necessary. Failure of a permitting authority 

to respond in writing to a request for a determination under this subsection within 

fourteen days after receiving the information described in this subsection shall be 

deemed to be advice that no permit was necessary for purposes of this subsection. 

26 
S. The defendant may establish an affirmative defense provided by this section by a 

preponderance of the evidence. 

T. Under this section, to prove a knowing violation the state must prove actual 

knowledge of circumstances constituting each .element of the offense which, as 

defined, requires proof of a culpable mental state. Actual knowledge may be proved 

by either direct or circumstantial evidence, including evidence that the person 

deliberately avoided acquiring such knowledge. A person's knowledge may not be 

inferred merely by his or her position within an enterprise. 

U. All civil or criminal penalties or fines assessed pursuant to this section shall be 

deposited, pursuant to sections 35-146 and 35-147, in the state general fund. 

V. For purposes of this section, "emission standard" means a numeric limitation on 

the volume or concentration of air pollutants in emissions from a source or a 

specific design, equipment or work practice standard, the purpose of which is to 

eliminate or reduce the volume or concentration of pollutants emitted by a source. 

Emission standard does not include opacity standards. Violations of emission 

standards shall be determined in the manner prescribed by the applicable 

regulations issued by the administrator or the director. 

49-465. Air pollution emergency 

A. If the director determines that air pollution in any area constitutes or may 

constitute an emergency risk to the health of those in the area or that national 

ambient air quality standards are likely to be exceeded, such determination shall be 

communicated to the governor. The governor may, by proclamation, declare that 

an emergency exists and may prohibit, restrict or condition the following: 

1. Motor vehicle traffic. 

2. The operation of retail, commercial, manufacturing, governmental, industrial, or 

similar activity. 

3. Operation of incinerators. 

4. The burning or other consumption of fuels. 

5. The burning of any materials whatsoever. 

6. Any and all other activity which contributes or may contribute to the emergency. 

B. If the governor declares that an emergency exists pursuant to subsection A, the 

governor shall prohibit, restrict or condition the employment schedules for 

employees of this state and its political subdivisions, and on a voluntary basis only, 

may encourage private employers to develop similar work rules to restrict vehicle 

emissions during air quality emergencies. Any unscheduled leave that an employee 

of this state or its political subdivisions is required to take because of the 

prohibition, restriction or condition shall be leave with pay. 

e. Orders of the governor shall be enforced by the department and the state and 

local police and air pollution enforcement personnel forces. Those authorized to 

enforce the orders may use reasonable force required in the enforcement of the 

orders, and may take reasonable steps required to assure compliance, including but 

not limited to the following: 

1. Enter upon any property or establishment believed to be violating the order and, 

if a request does not produce compliance, cause compliance with such order. 

2. Stopping, detouring, rerouting, and prohibiting vehicle traffic. 

3. Disconnecting incinerator or other types of combustion facilities. 

27 
49-471. Definitions 

In this article, unless the context otherwise requires: 

1. "Advisory council" means any county air pollution control advisory council 

established pursuant to this article. 

2. "Air contaminants" includes smoke, vapors, charred paper, dust, soot, grime, 

carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, 

particulate matter, wind-borne matter, radioactive materials or noxious chemicals, 

or any other material in the outdoor atmosphere. 

3. "Air pollution" means the presence in the outdoor atmosphere of one or more air 

contaminants or combinations thereof in sufficient quantities, which either alone or 

in connection with other substances, by reason of their concentration and duration 

are or tend to be injurious to human, plant or animal life, or cause damage to 

property, or unreasonably interfere with the comfortable enjoyment of life or 

property of a substantial part of a community, or obscure visibility, or which in any 

way degrade the quality of the ambient air below the standards established by the 

board of supervisors. 

4. "Appealable agency action": 

(a) Means an action that determines the legal rights, duties or privileges of a party. 

(b) Does not include any rule, ordinance, order, standard or statement of policy of 

general application issued by a control officer or board of supervisors to implement, 

interpret or make specific the legislation enforced or administered by the control 

officer or board of supervisors. 

(c) Does not mean or include any rule that relates to the internal management of a 

county and that does not affect private rights or interests. 

(d) Does not include a decision or action that must be appealed to the hearing 

board pursuant to section 49-476.01, 49-480.02, 49-482, 49-490 or 49-511 or to a 

final administrative decision obtained by an administrative appeal under section 49-

471.15. 

5. "Board of supervisors" means any county board of supervisors. 

6. "Control officer" means the executive head, of the department authorized or 

designated to enforce air pollution regulations, or the executive head of an air 

pollution control district established pursuant to section 49-473. 

7. "Final rule" or "final ordinance" means any rule or ordinance approved by the 

board of supervisors. 

8. "Hearing board" means any county air pollution hearing board established 

pursuant to this article. 

9. "Permit" includes all or any part of a county permit, license, certificate, approval, 

registration, charter or similar form of permission required by law. 

10. "Permitting" includes the county process for granting, denying, renewing, 

revoking, suspending, annulling, withdrawing or amending a permit. 

11. "Person" includes any public or private corporation, company, partnership, firm, 

association or society of persons, the federal government and any of its 

departments or agencies, the state and any of its agencies, departments or political 

subdivisions, as well as a natural person. 

12. "Provision of law" means all or any part of the federal or state constitution or of 

any federal or state statute, court rule, executive order or rule or ordinance 

adopted by a board of supervisors. 

13. "Register" means the Arizona administrative register. 

28 
14. "Rule" or "ordinance": 

(a) Means a county statement of general applicability that is adopted by a board of 

supervisors and that implements, interprets or prescribes law or policy or that 

describes the procedure of a county. 

(b) Includes prescribing fees or the amendment or repeal of a prior rule or 

ordinance. 

(c) Does not include intra-agency memoranda. 

15. "Rule or ordinance making" means the process for formulation and adoption of 

a rule or ordinance. 

16. "Special inspection warrant" means an order in writing issued in the name of 

the state of Arizona, signed by a magistrate, directed to the control officer or the 

control officer's deputies and authorizing the control officer or the control officer's 

deputies to enter into or upon public or private property for the purpose of making 

an inspection authorized by law. 

17. "Substantive policy statement": 

(a) Means a written expression that informs the general public of a current 

approach to, or opinion of, the requirements of the federal or state constitution, a 

federal or state statute, a federal, state or county administrative rule, ordinance or 

regulation or a final judgment of a court of competent jurisdiction, including, if 

appropriate, the control officer's current practice, procedure or method of action 

based on that approach or opinion. 

(b) Is advisory only. 

(c) Does not include internal procedural documents that only affect internal 

procedures of the county and that do not impose additional requirements or 

penalties on regulated parties, confidential information or rules or ordinances 

adopted pursuant to this chapter. 

49-473. Board of supervisors 

A. The board of supervisors of a 'county, in order to conserve and promote the 

public health, safety, and general welfare, shall within its territorial limits, or any 

portion thereof, investigate the degree to which the atmosphere of the county is 

contaminated by air pollution and the causes, sources, and extent of such air 

pollution or, if the state is developing a1 study in the county pursuant to section 49-

424, cooperate with and assist the state in such a study. 

B. The board of supervisors of a county shall authorize or deSignate an existing 

department of the county government or establish an air pollution control district to 

carry out the necessary investigations, inspections, and enforcement of any rules 

and regulations adopted pursuant to this article. 

C. The board of supervisors of a county may in lieu of the provisions of subsection 

B, in addition to the joint exercise of powers provided for in title 11, chapter 7, 

article 3, establish a mUlti-county air quality control region with one or more other 

counties by agreement with the board of supervisors of such other county or 

counties, and contract for the joint administration of this article within such region, 

including, but not limited to, the jOint adoption of regulations and standards and the 

enforcement thereof by a joint region hearing board. Any region created under this 

subsection shall be governed by all of the provisions applicable to a county. 

49-474. County control boards 

29 
The board of supervisors of each county may authorize the board of health or 

health department of their respective counties in cooperation with the department 

of environmental quality to: 

1. Study the problem of air pollution in the county. 

2. Study possible effects on adjoining counties. 

3. Cooperate with chambers of commerce, industry, agriculture, public officials and 

all other interested persons or organizations. 

4. Hold public hearings if in their discretion such action is necessary. 

5. The board of supervisors by resolution may establish an air pollution control 

district. 

49-476. Authorization to accept funds or grants 

The department of environmental quality, county health departments, or boards of 

supervisors may accept and expend in accordance with the terms of the grant any 

funds granted to it for research of air pollution by the federal government, any 

political subdivision of the state, any agency or branch of the federal or state 

governments, or any private agency. 

49-476.01. Monitoring 

A. The control officer may require, as specified in subsections Band C of this 

section, any source of air contaminants to monitor, sample or perform other studies 

to quantify emissions of air contaminants or levels of air pollution that may 

reasonably be attributable to that source, if the control officer either: 

1. Determines that monitoring, sampling or other studies are necessary to 

determine the effects of the facility on levels of air pollution. 

2. Has reasonable cause to believe a violation of this article, rules adopted pursuant 

to this article or a permit issued pursuant to this article has been committed. 

3. Determines that those studies or data are necessary to accomplish the purposes 

of this article, and that the monitoring, sampling or other studies by the source are 

necessary in order to assess the impact of the source on the emission of air 

contaminants. 

B. The board of supervisors shall adopt rules requiring sources of air contaminants 

to monitor, sample or otherwise quantify their emissions or air pollution that may 

reasonably be attributable to such sources for air contaminants for which ambient 

air quality standards or emission standards or design, equipment, work practice or 

operational standards have been adopted pursuant to section 49-424 or section 49-

425, subsection A. In the development of the rules, the board shall consider the 

cost and effectiveness of the monitoring, sampling or other studies. 

C. For those sources of air contaminants for which rules are not required to be 

adopted pursuant to subsection B of this section, the control officer may require a 

source of air contaminants, by permit or order, to perform monitoring, sampling or 

other quantification of its emissions or air pollution that may reasonably be 

attributed to such a source. Before requiring such monitoring, sampling or other 

quantification by permit or order, the control ,officer shall consider the relative cost 

and accuracy of any alternatives that may be reasonable under the circumstances 

such· as emission factors, modeling, mass balance analyses or emissions 

projections. The control officer may require such monitoring, sampling or other 

30 
quantification by permit or order if the control officer determines in writing that all 

of the following conditions are met: 

1. The actual or potential emissions of air pollution may adversely affect public 

health or the environment. 

2. An adequate scientific basis for the monitoring, sampling or quantification 

method exists. 

3. The monitoring, sampling or quantification method is technically feasible for the 

subject contaminant and the source. 

4. The monitoring, sampling or quantification method is reasonably accurate. 

5. The cost of the method is reasonable in light of the use to be made of the data. 

D. In determining the frequency and duration of monitoring, sampling or 

quantification of emissions under subsection Band C of this section, the control 

officer shall consider the five factors prescribed in subsection C of this section and 

the level of emissions from the source. 

E. Orders issued or permit conditions imposed pursuant to this section shall be 

appealable to the hearing board in the same manner as that prescribed for orders 

of abatement in section 49-490 and for permit conditions in section 49-482. 

49-478. Hearing board 

A. The board of supervisors shall appoint an air pollution hearing board. 

B. The hearing board shall consist of five members. The five members shall be 

knowledgeable in the field of air pollution. At least one member of the board shall 

be an attorney licensed to practice law in this state. At least three members shall 

not have a substantial interest, as defined in section 38-502, in any person required 

to obtain a permit pursuant to this article. Each board member shall serve for a 

term of three years. 

C. The hearing board shall select a chairman and vice-chairman and such other 

officers as it deems necessary. 

D. The board of supervisors may authorize compensation for hearing board 

members, and may authorize reimbursement for subsistence and travel, including 

travel from and to their respective places of residence when on official business. 

49-479. Rules; hearing 

A. The board of supervisors shall adopt such rules as it determines are necessary 

and feasible to control the release into the atmosphere of air contaminants 

originating within the territorial limits of the county or mUlti-county air quality 

control region in order to control air pollution, which rules, except as provided in 

subsection C shall contain standards at least equal to or more restrictive than those 

adopted by the director. In fixing such standards, the board or region shall give 

consideration but shall not be limited to: 

1. The latest scientific knowledge useful in indicating the kind and extent of all 

identifiable effects on health and welfare which may be expected from the presence 

of an air pollution agent, or combination of agents in the ambient air, in varying 

quantities. 

2. Atmosphere conditions and the types of air pollution agent or agents which, 

when present in the atmosphere, may interact with another agent or agents to 

produce an adverse effect on public health and welfare. 

31 
3. Securing, to the greatest degree practicable, the enjoyment of the natural 

attractions of the state and the comfort and convenience of the inhabitants. 

B. No rule may be enacted or amended except after the board of supervisors first 

holds a public hearing after twenty days' notice of such hearing. The proposed rule, 

or any proposed amendment of a rule, shall be made available to the public at the 

time of notice of such hearing. 

C. A county may adopt or amend a rule, emission standard, or standard of 

performance that is as stringent or more stringent than a rule, emission standard or 

standard of performance for similar sources adopted by the director only if the 

county complies with the applicable provisions of section 49-112. 

D. All rules enacted pursuant to this section shall be made available to the public at 

a reasonable charge upon request. 

49-480. Permits; fees 

A. The board of supervisors may adopta program for the review, issuance, 

revision, administration and enforcement of permits and for public review of 

proposed permits for sources that are subject to section 49-426, subsection A, that 

are not under the jurisdiction of the state pursuant to section 49-402 and that are 

not otherwise exempt pursuant to section 49-426, subsection B and subsection K of 

this section. This program shall include provisions for administration, inspection and 

enforcement of general permits issued pursuant to section 49-426, subsection H 

and subsection J of this section. 

B. Procedures for the review, issuance, revision and administration of permits 

issued pursuant to this section and required to be obtained pursuant to title V of 

the clean air act including sources that emit hazardous air pollutants shall be 

substantially identical to procedures for the review, issuance, revision and 

administration of permits issued by the department under this chapter. Such 

procedures shall comply with the requirements of sections 165, 173 and 408 and 

titles III and V of the clean air act and implementing regulations for sources subject 

to titles III and V of the clean air act. Procedures for the review, issuance, revision 

and administration of permits issued pursuant to this section and not required to be 

obtained pursuant to title V of the clean air act shall impose no greater procedural 

burden on the permit applicant than procedures for the review, issuance, revision 

and administration of permits issued by the department under sections 49-426 and 

49-426.01 and other applicable provisions of this chapter. 

C. Upon adoption of a permit program by the board of supervisors pursuant to this 

section, no person may begin actual construction, operate or make a modification 

to any source subject to the permit program without complying with the 

requirements of that program. 

D. Permits issued pursuant to a program adopted under this section are subject to 

payment of a reasonable fee to be determined as follows: 

1. For any source required to obtain a permit under title V of the clean air act, the 

board of supervisors shall establish by rule a system of fees consistent with and 

equivalent to that prescribed under section 502 of the clean air act. Such system 

shall prescribe procedures for increasing the fee each year by the percentage, if any 

by which the consumer price index for the most recent calendar year ending before 

the beginning of such year exceeds the consumer price index for the calendar year 

1989. 

32 
2. For any facility subject to the permitting requirements of this chapter but not 

required to obtain a permit under title V of the clean air act, the board of 

supervisors shall determine a permit fee based on all reasonable direct and indirect 

costs required to administer the permit, but not exceeding twenty-five thousand 

dollars. 

The board of supervisors shall establish an annual inspection fee, not to exceed the 

average cost of services. 

E. Funds received for permits issued pursuant to this section shall be deposited in a 

special public health fund and shall be used by the control officer to defray the 

costs of implementing this article. 

F. Permits issued pursuant to this section for a source required to obtain a permit 

under title V of the clean air act shall, and for a source that is not required to obtain 

a title V permit may, contain all of the following: 

1. Conditions reflecting all applicable requirements of this article and rules adopted 

pursuant to this article. 

2. Enforceable emission limitations and standards. 

3. A schedule for compliance, if applicable. 

4. The requirement to submit at least every six months the results of any required 

monitoring. 

5. Any other conditions that are necessary to assure compliance with this article 

and the clean air act, including the applicable implementation plan. 

G. The control officer may refuse to issue any permit to any source subject to the 

requirements of title V of the clean air act if the administrator objects to its 

issuance in a timely manner as prescribed under title V of the act. 

H. In the case of a permit with a term of three or more years issued pursuant to the 

requirements of title V of the clean air act to a major source, the control officer 

shall require revisions to the permit to incorporate applicable standards and 

regulations adopted by the administrator pursuant to the clean air act after the 

issuance of the permit. The control officer shall require any revisions as 

expeditiously as practicable but not later than eighteen months after the 

promulgation of such standards and regulations. No permit revision shall be 

required if the effective date of the standards and regulations is after the expiration 

of the permit. Any permit revision required pursuant to this subsection shall be 

treated as a permit renewal. 

I. Except as provided in section 49-426, subsection B and subsection A of this 

section, any person burning used oil, used oil fuel, hazardous waste or hazardous 

waste fuel in any machine, incinerator' or device shall first obtain a permit from the 

control officer. Any permit issued by the control officer under this subsection shall 

contain, at a minimum, conditions governing: 

1. Limitations on the types, amounts and feed rates of used oil, used oil fuel, 

hazardous waste or hazardous waste fuel which may be burned. 

2. The frequency and types of fuel testing to be conducted by the person. 

3. The frequency and type of emissions testing or monitoring to be conducted by 

the person. 

4. Requirements for record keeping and reporting. 

5. Numeric emission limitations expressed in pounds per hour and tons per year for 

air contaminants to be emitted from the facility burning used oil, used oil fuel, 

hazardous waste or hazardous waste fuel. 

33 
J. The board of supervisors may authorize by rule the control officer to issue a 

general permit for a defined class of facilities if that class of facilities has not been 

issued a general permit by the director for sources in that county pursuant to 

section 49-426, subsection H. The criteria for issuance of a general permit are 

those applicable to the director pursuant to section 49-426, subsection G. 

K. The board of supervisors may identify by rule sources or classifications of 

sources for which a permit is not required and pollutant-emitting activities and 

emissions units at permitted sources that are not subject to inclusion in the permit. 

The criteria for exemptions granted pursuant to this subsection are those applicable 

to exemptions granted by the director pursuant to section 49-426, subsection B. 

L. In determining whether a permitting threshold established pursuant to this 

section applies to an existing source, the control officer shall exclude particulate 

matter that is not subject to a national ambient air quality standard under the clean 

air act. 

M. The board of supervisors may adopt a rule or ordinance that establishes less 

burdensome permit procedures and requirements for permits that are not required 

to be obtained pursuant to title V of the clean air act. Until the effective date of a 

rule or ordinance adopted by a board of supervisors pursuant to this section, the 

control officer, either on the control officer's own initiative or on the request of a 

permit applicant, may waive requirements that are not appropriate for non-title V 

sources. 

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

A. The board of supervisors shall establish by rule provisions to allow changes 

within a source required to obtain a permit under title V of the clean air act without 

requiring a permit revision if all of the following conditions are met: 

1. The changes do not constitute modifications under title I of the clean air act. 

2. The changes do not result in an emission that is greater than the emissions 

allowed under the permit. 

3. The source provides the control officer with a written notice of the proposed 

changes at least seven days in advance of the beginning of those changes. 

4. The source satisfies other conditions that may be established in the rules 

adopted pursuant to this section. Rules adopted pursuant to this section for title V 

sources may prescribe a different time limit for notifications associated with 

emergency conditions. 

B. Any permit issued pursuant to section 49-480 may be revised, revoked and 

reissued, or terminated for cause. The filing of a request for a permit revision, 

revocation and reissuance, or a termination, or a notification filed pursuant to 

subsection A does not stay any effective permit condition. The control officer may 

require in writing that the applicant provide within a reasonable time any 

information that the control officer identifies as necessary for the control officer to 

determine if cause exists for revising, revoking and reissuing, or terminating, the 

permit, or to determine compliance with permit conditions. 

C. The board of supervisors shall establish by rule procedures related to public and 

departmental reviews of changes to a permitted source. The procedures shall 

impose no greater procedural burden on the permittee than the procedures adopted 

by the director pursuant to section 49-426.01, subsection C. 

34 
49-480.02. Appeals of permit actions 

A. Within thirty days after the' control officer gives notice of approval, denial or 

revocation of a permit, the applicant or any person who submitted comments 

pursuant to section 49-480, may request an appeal as provided under section 49-

482. The decision after that hearing constitutes the final permit action from which 

judicial review may be taken pursuant to title 12, chapter 7, article 6. 

B. Any person who has an interest that is or may be adversely affected may 

commence a civil action in superior court against the control officer alleging that 

the control officer has failed to act in a timely manner consistent with the 

requirements of section 49-480. No action may be commenced before sixty days 

after the plaintiff has given notice to the control officer of the plaintiff's intent to 

file. The court has jurisdiction to require the control officer to act without additional 

delay. 

49-482. Appeals to hearing board 

A. Within thirty days after notic;e is given by the control officer of approval or denial 

of a permit, permit revision or conditional order, the applicant and any person who 

filed a comment on the permit or permit revision pursuant to section 49-480, 

, subsection B and section 49-426, subsection D, or on the conditional order 

pursuant to section 49-492, subsection C, may petition the hearing board, in 

writing, for a public hearing, which shall be held within thirty days after receipt of 

the petition. The hearing board, after notice and a public hearing, may sustain, 

modify or reverse the action of the control officer. 

B. Any person having an interest that is or may be adversely affected may 

commence a civil action in superior court against the control officer alleging that 

the control officer has failed to act in a timely manner as provided in section 49-

480, subsection B and section 49-426, subsection C. No action may be commenced 

before sixty days after the plaintiff has given notice to the control officer. The court 

has jurisdiction to require the control officer to act without additional delay. 

49-487. Classification and reporting; confidentiality of records 

A. The board of supervisors by rules which are equal to or more restrictive than 

those adopted by the director of environmental quality shall classify air contaminant 

,sources according to levels and types of emissions and other characteristics which 

relate to air pollution, and shall require reporting for any such class or classes. 

Reports may be required as to physical outlets, processes and fuels used, the 

,nature and duration of emissions and such other information as is relevant to air 

pollution and deemed necessary by the board. 

B. The owner, lessee, or operator of a potential air contaminant source shall 

provide, install, maintain, and operate such air contaminant monitoring devices as 

are reasonable and required to determine compliance in a manner acceptable to the 

control officer, and shall supply monitoring information as directed in writing by the 

control officer. Such devices shall be available for inspection by the control officer 

during all reasonable times. 

C. Any records, reports or information obtained from any person under this chapter, 

including records, reports or information obtained or prepared by the control officer 

or a county employee, shall be available to the public, except that the information 

35 
or any part of the information shall be considered confidential on either of the 

following: 

1. A showing, satisfactory to the control officer, by any person that the information 

or a part of the information if made public would divulge the trade secrets of the 

person. 

2. A determination by the county attorney that disclosure of the information or a 

particular part of the information would be detrimental to an ongoing criminal 

investigation or to an ongoing or contemplated civil enforcement action under this 

chapter in superior court. 

D. Notwithstanding subsection C of this section, the following information shall be 

available to the public: 

1. The name and address of any permit applicant or permittee. 

2. The chemical constituents, concentrations and amounts of any emission of any 

air contaminant. 

3. The existence or level of a concentration of an air pollutant in the environment. 

49-488. Special inspection warrant 

A. The control officer and his deputies charged under this chapter or the rules and 

regulations adopted pursuant to this chapter with powers or duties involving 

inspection of real or personal property including buildings, building premises and 

building contents for the purpose of air pollution control shall be authorized to 

present themselves before a magistrate and apply for, obtain and execute special 

inspection warrants. Such inspections shall be limited to property other than the 

interior of strqctures used as private residences. 

B. Upon showing by the affidavit of the control officer or his deputies that consent 

to entry for inspection purposes has been refused or circumstances justify the 

failure to seek such consent, special inspection warrants may be issued by a 

magistrate for inspection of public or private, real or personal properties. Such 

warrants shall not be necessary in the case of an emergency where there is an 

imminent and substantial endangerment to the health of persons. 

C. The warrant shall be in substantially the following form: "County of 

+++++++++++++++, state of Arizona to any control officer or deputy control 

officer in the county of +++++++++++++++ proof by affidavit having been this 

day made before me by (person or persons whose affidavit has been taken) that in 

and upon certain premises in the (city, town or county) of +++++++++++++++ 

and more particularly described as follows: (describe the premises with reasonable 

particularity) there now exists a reasonable governmental interest to determine if 

said premises comply with (section +++++++++++++++ of the Arizona Revised 

Statutes) and/or (section +++++++++++++++ of regulation or ordinance), you 

are therefore commanded in the day time (or during reasonable business hours), to 

make an inspection of said premises as soon as practicable. Date, signature and 

title of office." The endorsement on the warrant shall be in substantially the 

following form: "Received by me +++++++++++++++ 19++, at +++++ o'clock 

++++ (name of control officer or deputy control officer)." The return of officer shall 

be in substantially the following form: "I hereby certify that by virtue of the within 

warrant I searched the named premises and found the following things (describe 

findings). Dated this +++++++++++++++ day of +++++++++++++++ 

19++++ (name of control officer or deputy control officer)." 

36 
D. The warrant may be served by the control officer or his deputies mentioned in its 

directions, but by no other person except in aid of the control officer or his 

deputies, on his requiring it, the control officer or his deputies being present and 

acting in its execution. 

E. A warrant shall be executed and returned to the magistrate who issued it within 

ten days after its date. After the expiration of that time, the warrant shall unless 

executed be void. 

F. Any person who knowingly refuses to permit an inspection lawfully authorized by 

warrant issued pursuant to this article is guilty of a petty offense. 

49-490. Hearings on orders of abatement 

A. An order of abatement issued by the control officer shall become effective 

immediately upon the expiration of the time during which a request for a hearing 

may be made pursuant to section 49-511 unless the person or persons named in 

such order shall have made a timely request for a hearing before the hearing board. 

If a hearing is requested, the hearing board shall hold the hearing within thirty days 

from receipt of the request unless such time is extended by the hearing board. 

Written notice of the time and place of the hearing shall be sent by the hearing 

board to the person or persons requesting the hearing and to the control officer at 

least fifteen days before the hearing. 

B. If the board, after the hearing, determines that the act or acts set forth in the 

order constitute a violation of any provision of this article or of the rules adopted 

pursuant to this article or any requirement of a permit or conditional order issued 

pursuant to this article and that no conditional order is justified, the board shall 

affirm or modify the order for abatement. The order may be conditional and require 

a person to refrain from the particular act or acts unless certain conditions are met. 

49-495. Suspension and revocation of conditional order 

If the terms and conditions of the conditional order are being violated, the control 

officer may seek to revoke or suspend the conditional order granted. In such event, 

the control officer shall serve notice of such violation on the holder of the 

conditional order in the manner provided in section 49-498. The notice shall specify 

the nature of such violation and the date on which a hearing will be held by the 

hearing board to determine if such a violation has occurred and whether the 

conditional order should be suspended or revoked. The date of said hearing shall be 

within thirty days from the date said notice is served upon the holder of the 

conditional order. 

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

A. Notwithstanding the provisions of any other section of this article: 1. It is 

unlawful for any person to ignite, cause to be ignited, permit to be ignited, or 

suffer, allow, or maintain any open outdoor fire except as provided in this section. 

2. From May 1 through September 30 each year, it is unlawful for any person to 

ignite, cause to be ignited, permit to be ignited or suffer, allow or maintain any 

open outdoor fire in area A as defined in section 49-54l. 

B. The following fires are excepted from this section: 

37 
1. Fires used only for cooking of food or for providing warmth for human beings or 

the branding of animals or the use of orchard heaters for the purpose of frost 

protection in farming or nursery operations. 

2. Any fire set or permitted by any public officer in the performance of official duty, 

if such fire is set or permission given for the purpose of weed abatement, the 

prevention of a fire hazard, or instruction in the methods of fighting fires. 

3. Fires set by or permitted by the director of the department of agriculture or 

county agricultural agents of the county for the purpose of disease and pest 

prevention. 

4. Fires set by or permitted by the federal government or any of its departments, 

agencies or agents or the state or any of its agencies, departments or political 

subdivisions for the purpose of watershed rehabilitation or control through 

vegetative manipulation. 

5. Fires permitted by any rule or regulation issued pursuant to this article, by any 

conditional permit issued by a hearing board established under this article or by any 

rule or conditional permit issued pursuant to article 2 of this chapter when the 

department of environmental quality pursuant to section 49-402 has assumed 

jurisdiction of the county in which the fire is located. 

6. Fires set for the disposal of dangerous materials where there is no safe alternate 

method of disposal. 

C. Permission for the setting of any fire given by a public officer in the performance 

of official duty under subsection B, paragraph 2, 3 or 4 of this section shall be given 

in writing and a copy of the written permission shall be transmitted immediately to 

the director of environmental quality and the control officer of the county, district or 

region in which such fire is allowed. The setting of any such fire shall be conducted 

in a manner and at such time as approved by the control officer or the director of 

environmental quality, unless doing so would defeat the purpose of the exemption. 

D. Notwithstanding section 49-107, the director may delegate authority for the 

issuance of open burning permits to a county, city, town or fire district. A county, 

city, town or fire district that has been delegated authority for the issuance of open 

burning permits may assign the issuance of these permits to a private fire 

protection service provider that performs fire protection services within that county, 

city, town or fire district. Any private fire protection service provider that is 

authorized to issue open burning permits pursuant to this subsection shall maintain 

a copy of all currently effective permits issued including a means of contacting the 

person authorized by the permit to set the fire in the event that an order to 

extinguish the open burning is issued. Permits issued pursuant to this subsection 

shall contain both of the following: 

1. Conditions that limit the manner and time of setting the fire and that are 

consistent with this section and rules adopted pursuant to this section. 

2. A provision that all burning be extinguished at the discretion of the director or 

the director's authorized representative during periods of inadequate atmospheric 

smoke dispersion, periods of excessive visibility impairment that could adversely 

affect public safety or periods when smoke is blown into populated areas so as to 

create a public nuisance. 

E. The director may issue a general permit to allow persons engaged in farming or 

ranching on forty acres or more in an unincorporated area to burn household waste, 

as defined in section 49-701, that is generated on site, if no household waste 

38 
collection and disposal service is available. The general permit shall include the 

following: 

1. Conditions governing the method, manner and times for burning. 

2. Limitation on materials which may be burned, including a prohibition on burning 

of materials which generate noxious fumes. 

3. A requirement that any person seeking coverage under the general permit shall 

register with the director on a form prescribed by the director. Upon receipt of a 

registration form, the director shall notify the county in which the farm or ranch is 

located of such registration. 

4. A statement that the director, a local air pollution control officer, or any other 

public officer may order the extinguishment of burning or may prohibit burning 

during periods of inadequate smoke dispersion or excessive visibility impairment or 

at other times when public health or safety could be adversely affected. 

F. Nothing in this section is intended to permit any practice which is a violation of 

any statute, ordinance, rule or regulation in a county with a population in excess of 

one million two hundred thousand persons. Notwithstanding any other law, such a 

county shall prohibit by ordinance the use of wood burning chimineas, outdoor fire 

pits and similar outdoor fires on those days for which the county has issued a no 

burn day restriction. 

G. A person who violates any provision of this section may be served a notice of 

violation and be subject to the enforcement provisions of this article to the same 

extent as a person violating any rule or regulation adopted pursuant to this article, 

except that a violation that lasts no more than twenty-four hours and that is the 

first violation committed by that person is subject to a civil penalty of no more than 

five hundred dollars. 

H. For the purposes of this section, "open outdoor fire" means any combustion of 

combustible material of any type outdoors, in the open where the products of 

combustion are not directed through a flue. For the purposes of this subsection, 

"flue" means any duct or passage for air, gases or the like, such as a stack or 

chimney. 

49-502. Violation: classification 

A. Any person who violates any provision of this article, any rule adopted pursuant 

to this article or any effective order of abatement, permit or permit condition issued 

pursuant to this article is guilty of a class 1 misdemeanor for each day the violation 

continues unless another classification is specifically prescribed in this article. Each 

day of violation shall constitute a separate offense. Peace officers and the control 

officer and his deputies shall have the authority to issue a notice to appear under 

the same conditions and procedures set forth in section 13-3903 for a violation of 

any provision of this article, any rule adopted pursuant to this article or any 

effective order of abatement, permit or permit condition issued pursuant to this 

article. 

B. Any person. who violates any provision of this article, any rule adopted pursuant 

to this article or any effective order of abatement, permit or permit condition issued 

pursuant to this article is subject to a civil penalty of not more than ten thousand 

dollars per day per violation. The county attorney, at the request of the control 

officer, may commence an action in superior court to recover civil penalties 

39 
provided by this section. Penalties recovered pursuant to this section shall be 

deposited in the special public health fund prescribed in section 49-480. 

C. In determining the amount of a fine or civil penalty under this section, the court 

shall consider: 

1. The seriousness of the violation. 

2. As an aggravating factor only, the economic benefit, if any, resulting from the 

violation. 

3. Any history of such violation. 

4. Any good faith efforts to comply with the applicable requirements. 

5. The economic impact of the penalty on the violator. 

6. Such other factors as the court deems relevant. 

49-510. Violations; production of records 

When the control officer has reasonable cause to believe that any person has 

violated or is in violation of any provision of this article, any rule adopted pursuant 

to this article or any requirement of a permit issued pursuant to this article, he may 

request, in writing, that such person produce all existing books, records and other 

documents evidencing tests, inspections or studies which may reasonably relate to 

compliance or noncompliance with rules adopted pursuant to this article. 

49-511. Violations; order of abatement 

A. When the control officer has reasonable cause to believe that any person has 

violated or is in violation of any provision of this article, any rule adopted pursuant 

to this article or any requirement of a permit issued pursuant to this article, the 

control officer may serve upon such person by certified mail or in person an order 

of abatement or may file a complaint in superior court alleging a violation pursuant 

to section 49-513. 

B. Except as provided in subsection E of this section, an order issued pursuant to 

this section shall state the following: 

1. With particularity, the act constituting the violation. 

2. In its entirety, the certain requirement, provision or rule violated. 

3. The duration of the order. 

4. That the alleged violator is entitled to a hearing, if the hearing is requested in 

writing within thirty days after the date of issuance of the order. 

C. The order may be conditional and require a person to refrain from particular acts 

unless certain conditions are met. 

D. An order issued under this section shall require the persons to whom it is issued 

to comply with the requirement, provision or rule as expeditiously as practicable. In 

the case of a source required to obtain a permit pursuant to this article and title V' 

of the clean air act, the order shall require compliance no later than one year after 

the date the order was issued and may be renewable for no more than one 

additional year on a showing of good cause to the control officer. The control officer 

shall report annually, by December 1, to the governor, the president of the senate, 

the speaker of the house of representatives and the director of the Arizona state 

library, archives and public records on the sources that are issued an order of 

abatement or a renewal pursuant to this section. The report shall include summary 

information about the source and the order. If the order was renewed, the report 

40 
shall also include a summary of the justification for the renewal. The control officer 

shall publish the following information on the county's internet web site: 

1. A notice that an abatement order has been issued pursuant to this section and 

summary information about the order. 

2. A notice that an order of abatement has been renewed pursuant to this section 

and summary information about the renewal. 

E. The control officer may enter into an order of abatement by consent. The control 

officer may agree to accept monetary payments as part of the negotiated terms of 

an order of abatement by consent. The terms of an order of abatement by consent 

shall be determined by the agreement of the parties. 

49-512. Violations; injunctive relief 

The county attorney, at the request of the control officer, shall file an action for a 

temporary restraining order, a preliminary injunction, 9 permanent injunction or 

any other relief provided by law, if the control officer has reasonable cause to 

believe that any of the following is occurring: 

1. A person has violated or is in violation of any provision of this article, a rule 

adopted pursuant to this article or a permit issued pursuant to this article. 

2. A person has violated or is in violation of an effective order of abatement. 

3. A person is creating an imminent and substantial endangerment to the public 

health or the environment because of a release of a harmful air contaminant, unless 

that release is subject to enforcement under title 3, chapter 2, article 6. 

49-513. Violations; civil penalties 

A. A person who violates any provision of this article, any permit or permit 

condition issued pursuant to this article, any fee or filing requirement, any rule 

adopted pursuant to this article, an effective order of abatement issued pursuant to 

this article or any duty to allow or carry out inspection, entry or monitoring 

activities, is subject to a civil penalty of not more than ten thousand dollars per day 

per violation. The county attorney at the request of the control officer shall file an 

action in superior court to recover penalties provided for in this section. 

B. For purposes of determining the number of days of violation for which a civil 

penalty may be assessed under this section, if the control officer has notified the 

source of the violation and makes a prima facie showing that the conduct or events 

giving rise to the violation are likely to have continued or recurred past the date of 

notice, the days of violations shall be presumed to include the date of such notice 

and each day thereafter until the violator establishes that continuous compliance 

has been achieved, except to the extent that the violator can prove by a 

preponderance of the evidence that there were intervening days during which no 

violation occurred or that the violation was not continuing in nature. Notice under 

this section is accomplished by the issuance of a notice of violation or order of 

abatement or by filing a complaint in superior court that alleges any violation 

described in subsection A of this section. 

C. In determining the amount of a civil penalty under this section, the court shall 

consider all of the following: 

1. The seriousness of the violation. 

2. As an aggravating factor only, the economic benefit, if any, resulting from the 

violation. 

41 
• 

3. Any history of that violation. 

4. Any good faith efforts to comply with the applicable requirements. 

5. The economic impact of the penalty on the violator. 

6. The duration of the violation as established by any credible evidence including 

evidence other than the applicable test method. 

7. Payment by the violator of penalties previously assessed for the same violation. 

S. Other factors as the court deems relevant. 

D. All penalties collected pursuant to this section shall be deposited in the special 

public health fund authorized in section 49-4S0. 

49-514. Violation; classification; definition 

From and after October 31, 1994: 

A. A person who knowingly releases into the ambient air any extremely hazardous 

substance listed pursuant to 42 U.S.c. section 11002(a)(2) or any hazardous air 

pollutant and who knows at the time that he thereby places another person in 

imminent danger of death or serious bodily injury shall be guilty of a Class 2 felony. 

For any air pollutant for which the administrator, director or control officer has 

established a standard by regulation or in a permit, a release of such pollutant in 

accordance with that standard shall not constitute a violation of this subsection. For 

purposes of determining whether a defendant who is an individual knew that the 

violation placed another in imminent danger of serious bodily injury both of the 

following shall apply: 

1. The defendant is responsible only for actual awareness or actual belief 

possessed. 

2. Knowledge possessed by another person but not by the defendant may not be 

attributed to the defendant. 

Notwithstanding paragraphs 1 and 2 of this subsection, circumstantial evidence, 

including evidence that the defendant took affirmative steps to be shielded from 

relevant information, may be used to prove knowledge. 

B. A person who operates a source that is required to have a permit both under this 

article and under title V of the clean air act and who knowingly operates such 

source without a permit issued by the control officer and without having filed a 

complete application for renewal of an existing permit in accordance with title V of 

the clean air act and this article is guilty of a class 5 felony. 

C. A person who operates a source that is subject to an emission standard that is 

required to be imposed in the source's permit both under this article and under title 

V of the clean air act, and who knowingly violates such emission standard is guilty 

of a class 5 felony. 

D. A person who is subject to an effective order of abatement issued under this 

article and who knowingly violates such order is guilty of a class 5 felony. 

E. A person who is required by the control officer pursuant to this article to conduct 

performance tests, and who knowingly alters or modifies any such performance test 

in order to render the results inaccurate is guilty of a class 5 felony. 

F. A person who is required by the control officer to maintain any monitoring device 

pursuant to this article, and who knowingly alters, modifies or destroys such 

monitoring device in order to render the device inaccurate is guilty of a class 5 

felony. 

42 
G. A person who operates a source that is required to have a permit issued 

pursuant to this article and that is subject to a material permit condition other than 

an emission standard identified in subsection C of this section, and who knowingly 

violates such permit condition is guilty of a class 6 felony. For purposes of this 

subsection a material permit condition means a permit condition determined by the 

director by rule to be material pursuant to section 49-464, subsection G. 

H. A person who is required to obtain a permit before commencing construction of a 

source both under this article and under title V of the clean air act, and who 

knowingly commences construction of such source without a permit issued by the 

control officer is guilty of a class 6 felony. 

I. A person who operates a source that is not identified in subsection B of this 

section and that requires a permit under this article, and who knowingly operates 

such source without a permit issued by the control officer and without having filed a 

complete application for renewal of an existing permit in accordance with this article 

is guilty of a class 6 felony. 

J. A person who is required by the control officer pursuant to this article to operate 

a monitoring device, and who knowingly fails to maintain, operate or repair such 

monitoring device in order to render the device inaccurate is guilty of a class 6 

felony. 

K. A person who is required to obtain a permit to commence construction of a 

source under this article but not under title V of the clean air act, and who acting 

with criminal negligence commences construction of such source without a permit 

issued by the director is guilty of a class 1 misdemeanor. 

L. A person who acting with criminal negligence does any of the following is guilty 

of a class 1 misdemeanor: 

1. Violates a permit condition not described in subsection C or G of this section. 

2. Violates an opacity standard, unless the opacity standard is required by section 

111 or title I, part C or D, of the clean air act. 

3. Violates a fee or filing requirement establishe.d both under this article and under 

title V of the clean air act. 

4. Violates any other provision of this article for which a penalty is not otherwise 

prescri bed. 

M. Under this section, a knowing violation that continues for more than one day, 

but that results from a single act or series of related acts, constitutes the 

commission of a single offense. 

N. In determining the amount of a fine underthis section, the court shall consider 

all of the following: 

1. The seriousness of the violation. 

2. As an aggravating factor only, the economic benefit, if any, resulting from the 

violation. 

3. Any history of that violation. 

4. Any good faith efforts to comply with the applicable requirements. 

5. The economic impact of the penalty of the violator. 

6. The duration of the violation as established by any credible evidence including 

evidence other than the applicable test method. 

7. Payment by the violator of penalties previously assessed for the same violation. 

8. Other aggravating and mitigating factor as the court deems relevant. 

43 
O. It shall be an affirmative defense to any prosecution under subsection A of this 

section that the conduct charged was freely consented to by the person endangered 

and that the danger and conduct charged were reasonably foreseeable hazards of 

either of the following: 

1. An occupation, business or profession. 

2. Medical treatment or medical or scientific experimentation conducted by 

professionally approved methods provided that the person endangered was made 

aware of the risk involved in the treatment or experimentation prior to giving 

consent. 

P. It shall be an affirmative defense to any prosecution for violation of an emission 

standard or opacity standard under subsection C or G or subsection L, paragraph 1, 

2 or 4 of this section that both of the following conditions were satisfied: 

1. The violation was reported by verbal or facsimile notification to the control officer 

within twenty-four hours after the source first learned of the violation. 

2. The owner or operator of the source provided written notification to the control 

officer containing all of the following information within seventy-two hours following 

the verbal or facsimile notification: 

(a) Confirmation of the violation for which verbal or facsimile notification was 

provided. 

(b) Identification of the practicable corrective measures that have been undertaken 

or will be undertaken to control and minimize emissions until compliance with the 

applicable standard is achieved. 

In the case of continuous or recurring violations, the notification requirement shall 

be satisfied if the source provides the required notification after violations are first 

detected and includes in such notification an estimate of the time the violations will 

continue. Violations occurring after the estimated time period shall require 

additional notification pursuant to the first sentence of this paragraph. 

Q. It shall be an affirmative defense to any prosecution under subsection B, H, I or 

K of this section for operating a source or commencing construction without a 

permit that, after accurately disclosing in writing all relevant information that is 

necessary to assess the requirement to obtain a permit and that is requested by a 

permitting authority, the defendant obtained and relied upon the written advice of a 

permitting authority that no permit was necessary. Failure of a permitting authority 

to respond in writing to a request for a determination under this subsection within 

fourteen days after receiving the information described above shall be deemed to 

be advice that no permit was necessary for purposes of this subsection. 

R. The defendant may establish an affirmative defense provided by this section by a 

preponderance of the evidence. 

S. Under this section, to prove a knowing violation the state must prove actual 

knowledge of circumstances constituting each element of the offense which, as 

defined, requires proof of a culpable mental state. Actual knowledge may be proved 

by either direct or circumstantial evidence, including evidence that the person 

deliberately avoided acquiring such knowledge. A person's knowledge may not be 

inferred merely by his or her position within an enterprise. 

T. For purposes of this section, the term "emission standard" means a numeric 

limitation on the volume or concentration of air pollutants in emissions from a 

source or a specific design, equipment or work practice standard, the purpose of 

which is to eliminate or reduce the volume or concentration of pollutants emitted by 

44 
a source. The term emission standard does not include opacity standards. Violations 

of emission standards shall be determined in the manner prescribed by the 

applicable regulations issued by the administrator or the director or control officer. 

45 
AppendixB 

ADEQ Rules to be incorporated into the SIP 
R18-2-313. Existing Source Emission Monitoring 

A. Every source subject to an existing source performance standard as specified in this Chapter shall install, calibrate, operate, 

and maintain all monitoring equipment necessary for continuously monitoring the pollutants and other gases specified in this 

Section for the applicable source category. 

I. Applicability. 

a. Fossil-fuel fired steam generators, as specified in subsection (C)(l), shall be monitored for opacity, nitrogen oxides 

emissions, sulfur dioxide emissions, and oxygen or carbon dioxide. 

b. Fluid bed catalytic cracking unit catalyst regenerators, as specified in subsection (C)(4), shall be monitored for 

opacity. 

c. Sulfuric acid plants, as specified in subsection (C)(3)ofthis Section, shall be monitored for sulfur dioxide emissions. 

d. Nitric acid plants, as specified in subsection (C)(2), shall be monitored for nitrogen oxides emissions. 

2. Emission monitoring shall not be required when the source of emissions is not operating. 

3. Variations. 

a. Unless otherwise prohibited by the Act, the Director may approve, on a case-by-case basis, alternative monitoring 

requirements different from the provisions of this Section if the installation of a continuous emission monitoring 

system cannot be implemented by a source due to physical plant limitations or extreme economic reasons. 

Alternative monitoring procedures shall be specified by the Director on a case-by-case basis and shall include, as a 

minimum, annual manual stack tests for the pollutants identified for each type of source in this Section. Extreme 

economic reasons shall mean that the requirements of this Section would cause the source to be unable to continue 

in business. 

b. Alternative monitoring requirements may be prescribed when installation of a continuous emission monitoring 

system or monitoring device specified by this Section would not provide accurate determinations of emissions 

(e.g., condensed, uncombined water vapor may prevent an accurate determination of opacity using commercially 

available continuous emission monitoring systems). 

c. Alternative monitoring requirements may be prescribed when the affected facility is infrequently operated (e.g., 

some affected facilities may operate less than one month per year). 

4. Monitoring system malfunction: A temporary exemption from the monitoring and reporting requirements of this Section 

may be provided during any period of monitoring system malfunction, provided that the source owner or operator 

demonstrates that the malfunction was unavoidable and is being repaired expeditiously. 

B. Installation and performance testing required under this Section shall be completed and monitoring and recording shall 

commence within IS months of the effective date of this Section. 

C. Minimum monitoring requirements: 

I. Fossil-fuel fired steam generators: Each fossil-fuel fired steam generator, except as provided in the following subsections, 

with an annual average capacity factor of greater than 30%, as reported to the Federal Power Commission for calendar 

year 1976, or as otherwise demonstrated to the Department by the owner or operator, shall conform with the following 

monitoring requirements when such facility is subject to an emission standard for the pollutant in question. 

a. A continuous emission monitoring system for the measurement of opacity which meets the performance 

specifications of this Section shall be installed, calibrated, maintained, and operated in accordance with the 

procedures of this Section by the owner or operator of any such steam generator of greater than 250 million Btu 

per hour heat input except where: 

i. Gaseous fuel is the only fuel burned; or 

ii. Oil or a mixture of gas and oil are the only fuels burned and the source is able to comply with the applicable 

particulate matter and opacity regulations without utilization of particulate matter collection equipment, and 

where the source has never been found to be in violation through any administrative or judicial proceedings, 

or accepted responsibility for any violation of any visible emission standard. 

b. A continuous emission monitoring system for the measurement of sulfur dioxide which meets the performance 

specifications of this Section shall be installed, calibrated, using sulfur dioxide calibration gas mixtures or other 

gas mixtures approved by the Director, maintained and operated on any fossil-fuel fired steam generator of greater 

than 250 million Btu per hour heat input which has installed sulfur dioxide pollutant control equipment. 

c. A continuous emission monitoring system for the measurement of nitrogen oxides which meets the performance 

specification of this Section shall be installed, calibrated using nitric oxide calibration gas mixtures or other gas 

mixtures approved by the Director, maintained and operated on fossil-fuel fired steam generators of greater than 

1000 million Btu per hour heat input when such facility is located in an air quality control region where the 

Director has specifically determined that a control strategy for nitrogen dioxide is necessary to attain the ambient 

air quality standard specified in RIS-2-205, unless the source owner or operator demonstrates during source 

compliance tests as required by the Department that such a source emits nitrogen oxides at levels 30% or more 

below the emission standard within this Chapter. 

d. A continuous emission monitoring system for the measurement of the percent oxygen or carbon dioxide which meets 

the performance specifications of this Section shall be installed, calibrated, operated, and maintained on fossil-fuel 

fired steam generators where measurements of oxygen or carbon dioxide in the flue gas are required to convert 

either sulfur dioxide or nitrogen oxides continuous emission monitoring data, or both, to units of the emission 

standard within this Chapter. 
2. Nitric acid plants: Each nitric acid plant of greater than 300 tons per day production capacity, the production capacity 

being expressed as 100% acid located in an air quality control region where the Director has specifically determined 

that a control strategy for nitrogen dioxide is necessary to attain the ambient air quality standard specified in RI8-2-

205, shall install, calibrate using nitrogen dioxide calibration gas mixtures, maintain, and operate a continuous emission 

monitoring system for the measurement of nitrogen oxides which meets the performance specifications of this Section 

for each nitric acid producing facility within such plant. 

3. Sulfuric acid plants: Each sulfuric acid plant as defined in RI8-2-1OI, of greater than 300 tons per day production 

capacity, the production being expressed as 100% acid, shall install, calibrate using sulfur dioxide calibration gas 

mixtures or other gas mixtures approved by the Director, maintain and operate a continuous emission monitoring 

system for the measurement of sulfur dioxide which meets the performance specifications of this Section for each 

sulfuric acid producing facility within such a plant. 

4. Fluid bed catalytic cracking unit catalyst regenerators at petroleum refineries. Each catalyst regenerator for fluid bed 

catalytic cracking units of greater than 20,000 barrels per day fresh-feed capacity shall install, calibrate, maintain and 

operate a continuous emission monitoring system for the measurement of opacity which meets the performance 

specifications ofthis Section for each regenerator within such refinery. 

D. Minimum specifications: Owners or operators of monitoring equipment installed to comply with this Section shall 

demonstrate compliance with the following performance specifications. 

I. The performance specifications set forth in Appendix B of 40 CFR 60 are incorporated herein by reference and shall be 

used by the Director to determine acceptability of monitoring equipment installed pursuant to this Section. However 

where reference is made to the Administrator in Appendix B of 40 CFR 60, the Director may allow the use of either the 

state-approved reference method or the federally approved reference method as published in 40 CFR 60. The 

performance specifications to be used with each type of monitoring system are listed below. 

a. Continuous emission monitoring systems for measuring opacity shall comply with performance specification 1. 

b. Continuous emission monitoring systems for measuring nitrogen oxides shall comply with performance specification 

2. 

c. Continuous emission monitoring systems for measuring sulfur dioxide shall comply with performance specification 

2. 

d. Continuous emission monitoring systems for measuring sulfur dioxide shall comply with performance specification 

3. 

e. Continuous emission monitoring systems for measuring carbon dioxide shall comply with performance specification 

3. 

2. Calibration gases: Span and zero gases shall be traceable to National Bureau of Standards reference gases whenever these 

reference gases are available. Every six months from date of manufacture, span and zero gases shall be reanalyzed by 

conducting triplicate analyses using the reference methods in Appendix A of 40 CFR 60 (Chapter 1) as amended: For 

sulfur dioxide, use Reference Method 6; for nitrogen oxides, use Reference method 7; and for carbon dioxide or 

oxygen, use Reference Method 3. The gases may be analyzed at less frequent intervals if longer shelf lives are 

guaranteed by Jhe manufacturer. . 

3. Cycling time: Time includes the total time required to sample, analyze, and record an emission measurement. 

a. Continuous emission monitoring systems for measuring opacity shall complete a minimum of one cycle of sampling 

and analyzing for each successive six-minute period. 

b. Continuous emission monitoring systems for measuring oxides of nitrogen, carbon dioxide, oxygen, or sulfur dioxide 

shall complete a minimum of one cycle of operation (sampling, analyzing, and date recording) for each successive 

I5-minute period. 

4. Monitor location: All continuous emission monitoring systems or monitoring devices shall be installed such that 

representative measurements of emissions of process parameter (Le., oxygen, or carbon dioxide) from the affected 

facility are obtained. Additional guidance for location of continuous emission monitoring systems to obtain 

representative samples are contained in the applicable performance specifications of Appendix B of 40 CFR 60. 

5. Combined effluents: When the effluents from two or more affected facilities of similar design and operating 

characteristics are combined before being released to the atmosphere through more than one point, separate monitors 

shall be installed. 

6. Zero and drift:. Owners or operators of all continuous emission monitoring systems .installed in accordance with the 

requirements of this Section shall record the zero and span drift in accon;lance with the method prescribed by the 

manufacturer's recommended zero and span check at least once daily, using calibration gases specified in subsection 

(C) as applicable, unless the manufacturer has recommended adjustments at shorter intervals, in which case such 

recommendations shall be followed; shall adjust the zero span whenever the 24-hour zero drift or 24-hour calibration 

drift limits of the applicable performance specifications in Appendix B of Part 60, Chapter I, Title 40 CFR are 

exceeded. 

7. Span: Instrument span should be approximately 200% of the expected instrument data display output corresponding to the 

emission standard for the source. 

E. Minimum data requirement: The following subsections set forth the minimum data reporting requirements for sources 

employing continuous monitoring equipment as specified in this Section. These periodic reports do not relieve the source 

operator from the reporting requirements ofRI8-2-31O.01. 
1. The owners or operators of facilities required to install continuous emission monitoring systems shall submit to the 

Director a written report of excess emissions for each calendar quarter and the nature and cause of the excess 

emissions, if known. The averaging period used for data reporting shall correspond to the averaging period specified in 

the emission standard for the pollutant source category in question. The required report shall include, as a minimum, 

the data stipulated in this subsection. 

2. For opacity measurements, the summary shall consist of the magnitude in actual percent opacity of all six-minute opacity 

averages greater than any applicable standards for each hour of operation of the facility. Average values may be 

obtained by integration over the averaging period or by arithmetically averaging a minimum of four equally spaced, 

instantaneous opacity measurements per minute. Any time periods exempted shall be deleted before determining any 

averages in excess of opacity standards. 

3. For gaseous measurements the summary shall consist of emission averages in the units of the applicable standard for each 

averaging period during which the applicable standard was exceeded. 

4. The date and time identifying each period during which the continuous emission monitoring system was inoperative, 

except for zero and span checks and the nature of system repair or adjustment shall be reported. The Director may 

require proof of continuous emission monitoring system performance whenever system repairs or adjustments have 

been made. 

5. When no excess emissions have occurred and the continuous emission monitoring system(s) have not been inoperative, 

repaired, or adjusted, such information shall be included in the report. 

6. Owners or operators of affected facilities shall maintain a file of all information reported in the quarterly summaries, and 

all other data collected either by the continuous emission monitoring system or as necessary to convert monitoring data 

to the units of the applicable standard for a minimum of two years from the date of collection of such data or 

submission of such summaries. 

F. Data reduction: Owners or operators of affected facilities shall use the following procedures fot converting monitoring data to 

units of the standard where necessary. 

1. For fossil-fuel fired steam generators the following procedures shall be used to convert gaseous emission monitoring data 

in parts per million to g/million cal (lb/million Btu) where necessary. 

a. When the owner or operator of a fossil~fuel fired steam generator elects under subsection (C)(l)(d) to measure 

oxygen in the flue gases, the measurements of the pollutant concentration and oxygen concentration shall each be 

on a consistent basis (wet or dry). 

i. When measurements are on a wet basis, except where wet scrubbers are employed or where moisture is 

otherwise added to stack gases, the following conversion procedure shall be used: 

TI.'''''' - c' wJ1F'W1[ 10.9 J ...... '" - ,o. \ • 10-9;)- E{wa11-%O::1",,» 

ii. When measurements are on a wet basis and the water vapor content of the stack gas is determined at least once 

every 15 minutes the following conversion procedure shall be used: 

Use of this equation is contingent upon demonstrating the ability to accurately determine B(ws) such that any 

absolute error in B(ws) will not cause an error of more than ±1.5% in the term: 

iii. When measurements are on a dry basis, the following conversation procedure shall be used: 

b. When the owner or operator elects under subsection (C)(l)(d) to measure carbon dioxide in the flue gases, the 

measurement of the pollutant concentration and the carbon dioxide concentration shall each be on a consistent 

basis (wet or dry) and the following conversion procedure used; 

c. The values used in the equations under subsection (F)(l) above are derived as follows: 
E(Q) = pollutant emission, glmillion cal (Ib/million Btu). 

C = pollutant concentration, gldscm (Ib/dscf), determined by multiplying the average concentration (ppm) for each 

hourly period by 4.16 x 10 -5 M gldscm per ppm (2.64 x 10 -9 M Ib/dscf per ppm) where M = pollutant 

molecular weight, gig-mole (lb/lb-mole), M = 64 tor sulfur dioxide and 46 for oxides of nitrogen. 

C(ws) = pollutant concentrations at stack conditions, glwscm (Ib/wscf), determined by multiplying the average 

concentration (ppm) for each one-hour period by 4.15 x 10-5 M Ib/wscm per ppm) (2.59 x 10-5 M Ib/wscf per 

ppm) where M = pollutant molecular weight, gig mole (Ib/lb mole). M = 64 for sulfur dioxide and 46 for 

nitrogen oxides. . 

%O(2),%CO(2) = Oxygen or carbon dioxide volume (expressed as percent) determined with equipment specified 

under subsection (D)(l)(d). 

F,F(c) = A factor representing a ratio of the volume of dry flue gases generated to the calorific value of the fuel 

combusted (F), a factor representing a ratio of the volume of carbon dioxide generated to the calorific value 

of the fuel combusted (F(c)), respectively. Values ofF and F(c) are given in 40 CFR 60.45(f) (Chapter 1). 

F(w) = A factor representing a ratio of the volume of wet flue gases generated to the caloric value of the fuel 

combusted. Values ofF(w) are given in Reference Method 19 of the Arizona Testing Manual. 

B(wa) = Proportion by volume of water vapor in the ambient air. Approval may be given for determination of 

B(w)a by on-site instrumental measurement provided that the absolute accuracy of the measurement 

technique can be demonstrated to be within ± 0.7% water vapor. Estimation methods for B(wa) are given in 

Reference Method 19 of the Arizona Testing Manual. 

B(ws) = Proportion by volume of water vapor in the stack gas. 

2. For sulfuric acid plants as defined in RI8-2-l01, the owner or operator shall: 

a. Establish a conversion factor three times daily according to the procedures of 40 CFR 60.84(b) (Chapter 1), 

b. Multiply the conversion factor by the average sulfur dioxide concentration in the flue gases to obtain average sulfur 

dioxide emissions in Kglmetric ton (Ib/short ton); and 

c. Report the average sulfur dioxide emission for each averaging period in excess ofthe applicable emission standard in 

the quarterly summary. 

3. For nitric acid plants, the owner or operator shall: 

a. Establish a conversion factor according to the procedures of 40 CFR 60. 73(b) (Chapter 1), 

b. Multiply the conversion factor by the average nitrogen oxides concentration in the flue gases to obtain the nitrogen 

oxides emissions in the units ofthe applicable standard, 

c. Report the average nitrogen oxides emission for each averaging period in excess of applicable emission standard in 

the quarterly summary. 

4. The Director may allow data reporting or reduction procedures varying from those set forth in this Section if the owner or 

operator of a source shows to the satisfaction of the Director that his procedures are at least as accurate as those in this 

Section. Such procedures may include but are not limited to the following: 

a. Alternative procedures for computing emission averages that do not require integration of data (e.g., some facilities 

may demonstrate that the variability of their emissions is sufficiently small to allow accurate reduction of data 

based upon computing averages from equally spaced data points over the averaging period). 

b. Alternative methods of converting pollutant concentration measurements to the units of the emission standards. 

Historical Note 

Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, 

subsection (C), paragraph (I), subparagraph (d)(Supp 80-2). Amended effective July 9,1980 (Supp. 80-4). Former 

Section R9-3-313 renumbered without change as RI8-2-313 (Supp. 87-3). Amended effective September 26, 1990 

(Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final 

rulemaking at 7 A.A.R. 1164, effective February 15,2001 (Supp. 01-1). 

R18-2-327. Annual Emissions Inventory Questionnaire 

A. Every source subject to a permit requirement under this Chapter shall complete and submit to the Director an annual emissions 

inventory questionnaire. The questionnaire is due by March 31 or 90 days after the Director makes the inventory form 

available, whichever occurs later, and shall include emission information for the previous calendar year. These requirements 

apply whether or not a permit has been issued and whether or not a permit application has been filed. 

B. The questionnaire shall be on a form provided by the Director and shaIl include the following information: 

I. The source's name, description, mailing address, contact person and contact person phone number, and physical address 

and location, if different than the mailing address. 

2. Process information for the source, including design capacity, uperations schedule, and emissions control devices, their 

description and efficiencies. 

3. The actual quantity of emissions from permitted emission points and fugitive emissions as provided in the permit, 

including documentation of the method of measurement, calculation, or estimation, determined pursuant to subsection 

(C), of the foIlowing regulated air pollutants: 

a. Any single regulated air poIlutant in a quantity greater than I ton or the amount listed for the pollutant in subsection 

(a) of the definition of "significant" in R 18-2-10 1, whichever is less. 
b. Any combination of regulated air pollutants in a quantity greater than 2 II2 tons. 

C. Actual quantities of emissions shall be determined using the following emission factors or data: 

I. Whenever available, emissions estimates shall either be calculated from continuous emissions monitors certified pursuant 

to 40 CFR 75, Subpart C and referenced appendices, or data quality assured pursuant to Appendix F of 40 CFR 60. 

2. When sufficient data pursuant to subsection (C)(I) is not available, emissions estimates shall be calculated from data from 

source performance tests conducted pursuant to RI8-2-312 in the calendar year being reported or, when not available, 

conducted in the most recent calendar year representing the operating conditions of the year being reported. 

3. When sufficient data pursuant to subsection (C)(l) or (C)(2) is not available, emissions estimates shall be calculated using 

emissions factors from EPA Publication No. AP-42 "Compilation of Air Pollutant Emission Factors," Volume I: 

Stationary Point and Area Sources, Fifth Edition, 1995, U.S. Environmentai Protection Agency, Research Triangle 

Park, NC (and no future editions) which is incorporated by reference and is on file with the Department of 

Environmental Quality and the Office of Secretary of State. AP-42 can be obtained from the Superintendent of 

Documents, Government Printing Office, Washington, D.C. 20402, telephone (202) 783-3238, or by downloading the 

document from the EPA Technology Transfer Network, computer modem number (919) 541-5742, setting 8-N-l, 

VTl 00, or ANSI. 

4. When sufficient data pursuant to subsections (C)(l) through (C)(3) is not available, emissions estimates shall be 

calculated from material balance using engineering knowledge of process. 

5. When sufficient data pursuant to subsections (C)(l) through (C)(4) is not available, emISSIOns estimates shall be 

calculated by equivalent methods approved by the Director. The Director shall only approve methods that are 

demonstrated as accurate and reliable as the applicable method in subsections (C)(l) through (4). 

D. Actual quantities of emissions calculated under subsection (C) shall be determined on the basis of actual operating hours, 

production rates, in-place process control equipment, operational process control data, and types of materials processed, 

stored, or combusted. 

E. An amendment to an annual emission inventory questionnaire, containing the documentation required by subsection (B)(3), 

shall be submitted to the Director by any source whenever it discovers or receives notice, within two years of the original 

submittal, that incorrect or insufficient information was submitted to the Director by a previous questionnaire. If the 

incorrect or insufficient information resulted in an incorrect annual emissions fee, the Director shall require that additional 

payment be made or shall apply an amount as a credit to a future annual emissions fee. The submittal of an amendment 

under this subsection shall not subject the owner or operator to an enforcement action or a civil or criminal penalty if the 

original submittal of incorrect or insufficient information was due to reasonable cause and not wilful neglect. 

F. The Director may require submittal of supplemental emissions inventory questionnaires for air contaminants pursuant to 

AR.S. §§ 49-422, 49-424, and 49-426.03 through 49-426.08. 

Historical Note 

Emergency rule adopted effective September 17, 1991, pursuant to AR.S. § 41-1026, valid for only 90 days (Supp. 91-3). 

Emergency rule re-adopted without change effective December 16, 1991, pursuant to AR.S. § 41-1026, valid for only 

90 days (Supp. 91-4). Emergency expired; text deleted (Supp. 93-1). New Section adopted effective November 15, 

1993 (Supp. 93-4). Amended effective December 7, 1995 (Supp. 95-4). 
.. 

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AIR QUALITV ~roNITORING PROCEDURES MANUAL 

Arizona Department of Health Services 

Division of Environmental Health Services 

Bureau of Air Quality Control 

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7 
Table of Contents 

1. Quality Assurance. 

2. Siting of Air Monitoring Stations . 

3. Sampling Probe Installation 

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29 

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AIR QUALITY MONITORING PROCEDURES 

1. ~LITY ASSURAN~E 

This section contains the minimum qualit,v assurance requirements fat" air 

monitoring networks. These requirements are regarded as the minimum 

necessary for the control and assessment of the quality of ambient air 

monitoring data su~nitted to the State of Arizona. Operators of 

MOnitoring stations are encouraged to develop and implement quality 

assurance programs more extensive than the minimum required or to 

continue such programs where they already exist. 

Quality assurance consists of two distinct and eoually important 

functions. One function is the assessment vf the quality of the 

monitoring data by est,imating their pl'ecision and accuracy. The 

other function is the control, and improvement. of the quality of the 

monitoring data by implementation of quality control policies. procedures. and corrective actions. These two functions form a 

control loo~: dhen the assessment function indicates that the data 

quality is inadequate, the control effort must be increased until 

the data quality 1s acceptable. 

In order to provide uniformity in the ~ssessment and reporting of 

data quality among all networks. the assessment procedures are specified 

explicitly in subsections 1.3 through 1.7 of these Drocedures. 

In contrast. the control and corrective action function encompas,es 

a variety of policies. procedures. specifications. standards. and 

corrective measures which have varying effects on the resulting ~~ta 

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quality. The selection and degree of specific control measures and 

corrective actions used depend on a number of factors such as the monitoring 

Methods and equipment used. field and laboratory conditions, the 

objectives of the monitoring, the level of data quality needed, the 

expertise of assigned personnel, the cost of control procedures. 

pollutant concentration levels, etc. Accordingly. quality control 

requirements are specified 1n general terms below, to allow each 

operator to develop a 'quality control system which is most effective 

for its own circumstances. 

1.1 Quality Control Program 

Each operator must develop and implement a quality control program 

consisting of policies, procedures, specifications, standards, and 

documentation necessary to: 

(1) Provide data of adequate quality to meet monitoring objectives 

(2) Minimize loss of air quality data due to malfunctions or 

out-of-contro1 conditions. 

The quality control program must be described in detail, suitably 

documented, and approved by the Director. 

Primary guidance for developing the quality control programs is 

contained in references 1 and 2, which also contain many suggested 

procedures. checks. and control specifications. Many specific quality 

control checks and specifications for manual methods are included in 

the respective reference methods described:", 40 eFR 50 or in the 

respective equivalent method descriptions available from the U. s. 

Environmental Protection Agency (see reference 5). Similarly, quality 

c~ntrol procedures related to specifically designated reference and 

equivalent analyzers are contained in their respective operation and 

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instruction manuals. This guidance, and any other pertinent inforMitton from appropriate sources, should be used by operators in 

developing their quality control programs. 

As a minimum, each quality control program must have operational procedures for each of the following activities: 

. (1) ~lection ~f methods, analyzers, or samplers 

(2) Installation of equipment 

(3) Calibration 

(4) Zero/span checks and adjustments of automated analyzers 

(5) Control checks and their frequency 

(6) Control limits for zero, span and other control checks, and 

respective corrective actions when such limits are surpassed. 

(7) Use of multiple ranges with automated analyzers 

(8) Preve~tive and remedial maintenance 

(9) Air pollution episode monitoring 

(10) Recording and validating data 

(11) Documentation of quality control information 

1.2 Pollutant Standards 

Gaseous standardS (penneation tubes. permeation devices or cylinders 

of compressed gas) used to obtain test concentrations for CO, S02' and 

N02 must be working standards certified by comparison to a National 

Bureau of Standards (NBS) gaseous Standard R~ference Material (SRM). 

A traceability protocol for certifying a working standard by direct 

comparison to an NBS SRH 1s given in reference 3. Direct use of an 

NBS SRM as a working standard is not prohibited but is di.scouraged 

because of their limited supply and expense. 

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Test concentrations for ozo"e must be obtained 1n accordance with the 

UV photometric calibration procedure specified in Appendix 0 of 

40 CFR Part 50, or by means of an ozone transfer standard which has 

been certified. Consult reference 4 for guidance on ozone transfer 

$tandards. Flow measurements must be made by a flow measuring 

instrument which is traceable to an authoritative volume or other 

standard. 

1.3 Data Quality Assessment 

1.3. 1 Automated Methods 

1.3.1.1 Precision 

A one-point precision check must be carried out at least once every 

two weeks on each automated analyzer used to measure S02' N02• 03 and 

CO. The precision check is made by challenging the analyzer with a 

precision check gas of kno~m concentration between 25 and 75 percent 

of full scale. The standards from which precision checks test 

concentrations are obtained must be traceable to NBS SRM's as 

specified in subsection 1.2. Except for certain CO analyzers described 

belowt analyzers must operate 1n their normal sampling mode during the 

precision check. and the test atmosphere must pass through all filters, 

scrubbers. conditioners and other components used during normal 

ambient sampling and as much of the ambient air inlet system as is 

practicable. If permitted by the associated operation or instruction 

manual. a CO analyzer may be temporarily modified during the precision 

check to reduce vent or pUI"ge flows. or the test atmosphere may enter 

the analyzer at a point other than the normal sample inlet, provided 

that the analyzer's response is not likely to be altered by these 

4 

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deviations from the ,nonnal operational mode. If a precision check is 

llde in conjunction with a zero/span adjustment, it must be made prior 

to such zero and span adjustments. 

The difference between the actual concentration of the precision check 

gas and the concentration indicated by the analyzer is used to assess 

the precision of the monitoring data as described in 1.4.1.1. 

1.3.1.2 Accuracy 

Each calendar quarter audit at least 25 percent of all analyzers that 

monitor for S02' N02, 03 or CO such that each analyzer is audited at least 

once per year. If there are fewer than four analyzers for a pollutant 

within a network, randomly reaud1t one or more analyzers so that at 

least one analyzer for that pollutant is audited each calendar quarter. 

The audit is made by challenging the analyzer with at least one audit 

gas of known concentration from each of the following ranges which fall 

within the measurement range of the analyzer being audited: 

The standards from which audit gas test concentrations are obtained 

must be traceable to NOS SRM's as specified in subsection 1.2. Except 

for NBS gaseous SRM's. standards and equipment used must be different 

from the standards and equipment used for calibration and spanning. The 

5 

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auditor should not be the operator/a'nalyst who conducts the routine 

monitoring, calibration, and analysis. 

The audit shall be carried out by allowing the analyzer to analyze an 

audit test atmosphere in the same manner as described for precision 

checks. The exception given in 1.3.1.1 fot, certain CO analyzers does 

not apply for audits. 

The difference between the actual concentration of the audit test gas 

and the concentration indicated by the anal.vzer is used to assess the 

accuracy of the monitoring data as described in section 1.4.1.2. 

1.3.2 Manual Methods 

1.3.2.1 Precision 

For ne~lorks with one to nine sites, select at least one TSP. N02, and 

S02 monitoring site for duplicate sampling and collocate two samplers 

at the selected site. For networks with ten or more sites, select at 

least two sites for duplicate sampling. Although only one or two (lairs 

of collocated samplers are required to estimate the precision of a 

reporting organization, additional collocated sampling is encouraged. 

Sites with the hiahest expected annual mean concentration must be 

selected, or if such sites are impractical. alternate sites approved 

by the Oi rector may be selected. The collocated samplers mus t be wi thi n 

four meters of each other, but high volume samplers must be at least 

two meters apart to preclude airflow interference. Calibration, sampling 

and analysis must be the same for both collocated samplers as well as for 

all samplers in the network. The collocated samolers must be operated 

whenever routine samol in~ is scheduled. For each pair of collocated samplers. 

designate one as the sampler which will be used to report air quality for 

6 

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the site and designate the other as the duplicate sampler. The differences 

in measured concentration (ug/m3) between the two collotated samplers are 

used to calculate precision as described in 1.4.2.1. 

For Pb. preciSion will be estimated from duplicate filter. strip 

analyses performed on samples from the expected highest concentration 

lead site. The precision of an equivalent method may be assessed by 

analyzing identical aliquots of the samples collected at the highest 

concentration lead site. 

For each day lead samples are collected, cut two identical st.rips from 

the filter or take two identical aliquots. Designate the first strip/ 

aliquot as the sample which will be used to report air quality for the 

site and designate the other as the duplicate sample. The-difference 

in measured concentration (ug/m3) between the two samples 1s used to 

calculate precision as -described in 1.4.2. 

1.3.2.2 Accuracy 

The accuracy of manual sampling methods 1s assessed by auditing a 

portion of the measurement process. For TSP, flow rate measurement 

is audited. For the Pb, S02, and N02 methods, analytical measurement 

is audited. 

For the TSP method, audit the flow rate_of at least 25 percent of the 

high volume samplers such that each sampler is audited at least once 

per year. If there are fewer than four high volume samplers within a 

reporting organization, randomly reaudit one or more samplers so that 

one sampler is audited each calendar quarter. 

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Audit the flow rate at one flow rate, between 40 and 60 cfm. using a 

~fI~nce flow device described in section 2.2.8, pages 3-5, of reference 

2. or a s1mi~ar transfer flow standard. The audit device must be 

calibrated against a flow standard different from the one used to 

calibrate the flow of the high volume sampler being audited. With the 

audit device and a normal glass fiber filter in place, operate the 

high volume sampler at its normal flow rate. The difference in 

, flow rate (in m3/min) between the audit flow measurement and the flow 

indicated by the sampler's normal flow indicator are used to calculate 

accuracy as described in 1.4.2.2. 

Great care must be used in auditing high volume samplers having flow 

regulators because the introduction of resistance plates. in the audit 

device can cause abnormal flow patterns at the point of flow sensing. 

For this reason. the orifice of the flow audit device should be used 

without resistance plates in auditing flow regulated high volume 

samplers, or other steps should be taken to a&sure that flow patterns 

are not perturbed at the point of flow sensing. 

For the S02 method, prepare audit solutions from a working sulfitereM solution as described in section 6.2.9 of the S02 Reference Method 

(40 CFR 50. Appendix A). These audit samples must be prepared 

independently from the standardized sulfite solutions used in the 

routine analysiS procedure. New sulfite-TeM audit samples must be 

prepared every 30 days and must be stored between 0 and SoC. 

Prepare audit samples in each of the concentration ranges of 0.2-0.3. 

0.5-0.6. and 0.8-0.9 ug S02/ml. Analyze an audit sample in each of the 

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three ranges at least once each day that samples are analyzed and at 

least twice per calendar quarter. The differences between the audit 

concentrations and the indicated concentrations (in Uq/S02 ml) are 

used to calculate accuracy as descv-1bedin section 1.4.2.2. 

For the N02 method, prepare audit solutions from a working sodium 

nitrite solution as described in the appropriate equivalent method (see 

reference 5). These audit samples must be prepared independently from 

the standardized nitrite solution used in the routine analysis procedure. 

New aqueous sodium nitrite audit samples must be prepared every three 

months. Prepare audit samples in each of the concentration ranges of 

0.2-0.3, 0.5-0.6, and 0.8-0.9 ug N02/ml. Analyze an audit sample in 

each of the three ranges at least once each day that samples are 

analyzed and at least twice per calendar quarter. The differences 

between the audit concentrations (in ug N02/ml) and the indicated 

concentrations (in ug N02

/ml) are used to calculate accuracy as described 

in 1.4.2.2. 

For the Pb method, for each calendar quarter, audit the Pb analysis 

using glass fiber filter strips containing a known quantity of lead. 

Audit samples are prepared by depositing a Pb solution on 1.9 cm by 

20.3 em (3/4 inc~ by 8 inch) unexposed glass fiber filter strips and 

allowing to dry thoroughly. The audit samples must be prepared by 

using reagents different from those used to calibrate the Pb analytical 

equipment being audited. Prepare audit samples in the following concentration ranges: Pb Concentratioll 

ug/strip 

lOOw 300 

600-1000 

9 

Equivalent Ambient Pb 

Concentration, U9/m3 

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.5-1.5 

3.0-5.0 

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The above equivalent ambient Pb concentratiOns are based on sampling at 

1.7 m3/m1n. for 24 hours on 20.3 x 25.4 em (8 inch x 10 inch) glass 

f1 ber f11 ters. 

Audit samp~es must be extracted using t e same extraction procedures 

used for exposed filters. Analyze three audit sam~les in each of the 

two ranges each quarter that samples ar~ analyzed. The audit sample 

analyses are to be spread out as much, possible over the entire 

ca lendar quarter. 'fhe percent d1 ffere; ce bet\'Ieen the audi t concentration and the analyst·$. measured concentrations (in ug Pb/strip) 

1s used to calculate accuracy !s descriLed in 1.4.2.2. 

1.4 Calculations for Data Quality Assessment 

1.4.1 Automated Methods 

1.4.1.1 Prec1sic~ 

Esti~~tos of the precision are calculated from the results of biweekly 

precision checks as specified in section 1.3.1.1. At the end of each 

calendar quarter calculate a combined precision probability interval 

for I,ll analyzers in the network for each poll utant. Oi recti ons for 

calculations are given below and directions for reporting are given 

in section 1.5. If monitoring data er-e invalidated during the entire 

period represented by a given preciSion check, the results of that 

precision check shall be excluded from the ~alculations. 

For single analyzer precision, calculate the percentage difference (di) 

for each precision check using equat on 1. 

d. = y, - X" x 100 , ...!-1 --.""":""'_ 

Xi 

(1) 

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where:Yi • analyzer's indicated concentration from the i-th precision check. 

Xi • known concentration of test gas used for the i-th precision check. 

For each analyzer calculate the quarterly average (dj ), equation 2, and 

the standard deviation (Sj)' equation ~. 

_ n 

dj =! ~ d; 

n 1-1 

(2) 

(3) 

In the equations, n is the number of precision checks. on the tns.trument 

made during the calendar quarter. For example, n should be 6 or 7 if 

precision checks are made biweekly during a quarter. 

To compute n~twork precision for each pollutant, calculate the average of 

averages (D) and pooled standard deviation (Sa) for all analyzers monitoring 

the pollutant using either equations 4 and 5 or 4a and Sa. 

_ k_ 

o = 1 t d. k j=l 1 

k 2 

S = 1 t S 

a k j=l j 

(4) 

(5) 

In these equations, k is the number of analyzers within the reporting 

organization for a single pollutant. Use equations 4 and 5 when the 

same number of precision checks are made for ~ach instrument. Otherwise. use equations 4a and 5a to obtain a weighted average and a 

weighted standard deviation. 

0= n1d1 + "2d2 + ... + "lj + nkdk 

n1 + "2 + ••• + "j + ••• + ~k 

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) 2 2 2 2 . Sa -nl - 1) S + ("2 - 1) S2 + ••• + Cn-l) Sj + ••• + (nk - 1) Sk 

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l + n2 + ••• nj + ••• + nk - k 

For each pollutant, calculate the 95 percent probability limits for 

the precision of a reporting network using equations 6 and 7 and record 

these limits on the front of Form 1 under columns 11-18. (See section 

1.5 for explanation of Form 1). 

Upper 95 Percent Probability Limit = 0 + 1.96 Sa 

Lower 95 Percent Probability Limit = 0 - 1.96 Sa 

1.4.1.2 Accuracy 

(6) 

(7) 

Estimates of the accuracy are calculated from the results of independent 

audits as described in section 1.3.1.2. At the end of each calendar 

quarter. calculate a combined accuracy probability interval for 111 

analyzers in the network for each pollutant. Separate probability 

limits are calculated for each audit concentration level listed in 

1.3.1.2. Directions for calculations are given below (directions for 

reporting are given in section 1.S). 

For single analyzer accuracy, calculate the percentage difference (di ) 

for each audit concentration using equCltion 1 where Yi is the analyzer's 

indicated concentration from the i-th audit check and Xi is the known· 

concentration of the audi t gas used for the i -th audi t check •. 

For network accuracy, using equation 8, calculate, for each audit concentration level. the average (0) of the individual per'centage differences 

Cd;) for all k analyzers measuring a given pollutant audited ~urin9 the 

quarter. 

(8) 

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For each concentration level, calculate the standard deviation (Sa) of 

all the individual percentage differ!nces for all analyzers audited 

during the quart3r, using equation 9. Repeat for each poilutant. 

For networks having four cr fewer analyzers for a particular pollutant. only one audit is required each quarter. Therefore. the 

average and 'the standard deviation cannot be calculated. For such 

reporting units. the audit results of two consecutive quarters 

(9) 

are required to calculate an average and a standard deviation using 

equations 8 and 9, and the reporting or probability limits are therefore required on a semi-annual (instead of a quarterly) basis. For 

each pollutant, calculate the 95 percent probability limits for 

the accuracy of a reporting network at each audit concentration 

level using equations 6 and 7 and record these limits on Form 2. 

(See section 1.5 for explanation of Form 2). 

1.4.2 Manual Methods 

1.4.2.1 Precision 

Estimates of precision are calculated from the results obtained from 

col1ocation of TSP. N02. and 502 samplers or by duolicate ?b 

analyses as described in section 1.3.2.1. At the end of each calendar 

quarter, calculate a combined precision probability interval for each 

13 

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pollutant. Directions for calculation are g1ven below and directions 

for reporting are given in section 1.5. 

To compute single site prec1sicn. calculate the percentage difference (dt) 

for each of the paired measurements obtained in accordance with 1.3.2.1 .• 

using equation 1 whet'e Vi is th(' concentration of pollutant measured by 

the duplicate sampler and Xi is the concentration of pollutant measured 

by the sampler reporting air quality for the site. For each site. 

calculate the quarterly average percentage difference (dj ), using 

equation 2. and the standard deviation (Sj)' using equation 3. 

At low concentrations, agreement between the measurements of collocated 

samplers, expressed as 95 percent prob~bility limits, may be poor. 

For this reason a separate count is made of the occurrence of pollutant 

measurements below specified levels. Count the number of samples which 

indicate a measurement from a sampler r€~orting air quality for the 

site below the following limits: 

TSP - less than 20 ug/m3 

S02 - less than 40 ug/m3 

N02 - less than 30 ug/m3 

Pb - less than .15 ug/m3 

Report the counts on Form 2. 

To compute network precision for each pollutam., calculate the average 

percentage difference (if) and pooled standard deviation (Sa) using 

equ~tions 4 and 5. or using equ~t1ons 4a and Sa if different numbers 

14 

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of paired 'measurements are made at the collocated s·ltes. Results from 

all collocated sampling sites shall be reported. 

Calculate the 95 percent probability limits for the precision of a 

reporting unit, using equations 10 and II, and record them on Form 1. 

(See section 1.5 for explanation of Form 2). 

Upper 95 Percent Probability· Limit = 0 + 1.96 5a/1:2 (10) 

Lower 95 Percent Probability Limit = 0 - 1.96 Sa/Ii (11) 

1.4.2.2 Accuracy 

To compute TSP single sampler accuracy, calculate the percentage 

difference (di ) for each audit performed in accordance with 1.3.2.2, 

using equation 1. Let Xi represent the known flow rate and Vi 

represent the indicated flow rate in equation 1. 

10 compute TSP network accuracy, calculate the average (D) of the 

individual percent differences for all high volume ~amp1ers audited 

during the calendar quarter, using equation 8. Compute the standard deviation 

(Sa) of all the percentage differences for all the samplers audited 

during the calendar quarter. using equation 9. 

Calculate the 95 percent probability limits for the accuracy of a 

reporting network using equations 6 and 7, and record these limits on 

Form 2 under the middle level column. Note that since the audit is 

conducted at only one level, the low level and high levels columns are 

note used. For reporting networks having four or fewer high volume 

samplers for TSP, only one audit is required each quarter. For such 

15 

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reporting networks, the audit results of two consecutive quarters are 

required to calculate an average and a standard deviation using equations 

8 and 9. Therefore, semi-annual reporting (instead of quarterly) of 

probability limits is required. 

To compute single-analysis-day accuracy for S02' N02, and Pb, calculate 

the percentage difference (di ) for each audit at each r.oncentration 

level using equation 1. let Xi represent the known value of the audit 

sample and Vi the indicated value of S02' N02, or Pb in equation 1. 

Audits of the analysis for S02' N02• and Pb are performed in accordance 

with 1. 3. 2 .2. 

To compute n~twork accuracy for S02' N02, and Pb, calculate the average 

(0) of the percent differences at each concentration level for all 

analysis days during the quarter using equation 8. Compute the standard deviation (Sa) of the individual percentage differences using 

equation 9. Calculate the 95 percent probabi l1ty 1 imits for the 

accuracy of the network using equations 6 and 7 and record these limits 

on Fonn 2 for each concentration level. 

1.5 Reporting Requirements 

1. 5.1 Quarterly Reports 

For each network fill out Form 1 and Form 2 according to the directions 

given below. and submit the forms within 90 days of the end of the quarter 

to the Department. 

1.5.2· Annual Reports 

Compute the annual mean and standard deviation of the percent differences 

for all precision checks and audits performed during the year. Using these 

values. calcu1ate the annual probability 1imits for precision and for 

16 

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...... 
accuracy at each audit level. Record these data on Forms 1 and 2 and submit 

the forms to the Department within 90 days after the' end of the year •. 

1.5.3 Instructions for Form 1 - Aytomated Analvzers 

Line Entry 

Name of Reporting Organization: Name of company 

Network: Geographical location, referring to city or town. 

Block No. 

1-2 Year: Last two digits of the calendar year. 

3 

4-6 

7-10 

Quarter: Enter 1. 2. 3 or 4 to refer to calendar quarter the 

monitoring data and quality assessment represent. Enter 0 to 

indicate annual report. 

Number of Analyzers: Count the number of analyzers in the network that teport monitoring data for each pollutant •. 

Number of Precision Checks: Count the total number of precision checks included in the calculations reported. 

11-14 Lower Probability Limit. PrE-cision: Block 11 is eithe,' "+" or 

"_It. Blocks lZ-14 contain the per\.entage (round off to a whole 

number) obtained from equation 11. 

15-18 Upper ProbabiHty Limit. Precisio.!!,: Block 15 is either U+" or 

"_". Blocks 16-18 contain the percentage obta;ner' from equation 

10. Note: If precision 1imi'~s exceed three digits. report as 

999. 

19 Source of Audit Gas: For accuracy determination. refer to code 

~able. note 1. on the form. 

ZO-Zl Number of Audits: Report the total number of multipoint audits 

performed on the analyzers reported in blocks 20-21. 

22-53 Probabilit> Limits, Accuracy: The lower and upper probability 

limits for each pollutant concentration level of the accuracy 

audits are entered in blocks 22-53. 

17 

, .. 

\ ' 

...... 

t; . ;. ,. '. ;. 

~ 't' 

i • 

f 

i-' "', 

, " 
I 

I i i 

I 

.. ' 

22-25 Lower Probability Limits. Accuracx: Blocks 22. 30. 38, and 46 

30 .. 33 are either "+" or "_". Blocks 23-25, 31-33. 39-41, and 47-49 

38-41 contain the percentages obtained from equation 7. 

46-49 

26-29 Upper Probability Limit. Accu,racl,: Blocks 26, 34, 42. and 50 

34-37 are either "+" or II_II. Blocks 27-29. 35-37, 43-45. and 51-53 

42-45 contain the percentages obtained from equation 6. Note: If 

50-53 only one audit is performed during a given quarter for a given 

pollutant, it is not possible to calculate probability limits 

for that quarter. In that case, blocks 22-53 are left blank 

fol" the first such quarter ~nd the number 01 is reported 1n 

blocks 20-21. Probability limits are then computed and 

reported on a semi-annual basis (i.~ •• after the next quarter) 

from the audit data obtained during the two consecutive quarters~ 

1.5.4 Instructions for Form 2 - Manual Methods 

Name of Reporting Organization: Name of Company 

Network: Geographical location, referring to city or town. 

Block No. 

1-2 .Y!!!:.: Last two digits of the calendar year. 

3 Quarter: Enter 1, 2, 3 or 4 to refer to calendar quarter for 

which the monitoring data and quality assessments were obtained. 

Enter 0 to ind1catp. annual report. 

4-5 

6-7 

Number of Samplers: Count the number of samplers for each 

pollutant for which monitoring data are reported. 

Number of Collocated Sites: Number of sites having collocated 

samplers. 

18 

. '. -., 

,~. 

; :~ 

. ~ . 

r' 

........... 
8-10 Number of Collocated Samples Below the Limit: Count the number 

of samples from the collocated sites where the measurements from 

the sampler reporting air quality for the site are below the 

indicated limits. 

11-14 lower Probability Limit. Precision: Block 11 is·either "+" or 

"_". Blocks 12-14 contain the percentage obtained from equation 

11. Round off to a whole number. 

15-18 !lePer Probability Limit. Precision: Block 15 is either "+11 or 

"_". Blocks 16-18 contain the percentage obtained from 

equation 10. Note: If precision limits exceed three digits, 

report as 999. 

19 Type Sampler: Enter A, B, or C, depending on type of flow control. 

20-21 Number Audits: Number of audits performed. 

22-25 Lower Probability Limits, Accura~: Blocks 22. 30. and 38 are 

30-33 either "+" or "_". Blocks 23-25, 31-33, and 39-41 contain the 

38-41 percentages obtained from equatlo~ 7. 

26-29 Upper Probability Limit, Accuracy: Blocks 26, 34, and 42 are 

34-37 either "+" or "_". Blocks 27-29, 35-37, and 43-45 contain 

42-45 the percen~ages obtained from equation 6. Note: If accuracy 

limits exceed three digits, report as 999. Report. as required. 

all pollutants (TSP, S02' N02, Pb) as detennined by manual 

sampling methods. Note that only blocks 30-37 are used for 

TSP. Note: If only one audit is p~rformeu during a given 

quarter fQr a given pollutant. it is not possible to calculate 

probability limits for that quarter. In that case, blocks 22-

. 45 are left blank for the fi rst such quarter and the number 

19 

, ~ .. 

-

;' 

.... 

" . 

... '\ 

\ ' . . ' 

--..!' .-.,~ frO 

\ -\ '., 

. .... " .. ; , 

' .. 

'" 

.' " 
....... 

01 is reported in blocks 20-21. Probability limits are then 

caaputed and reported on I semi-annual basis (i.~.t after the 

next quarter} froM the audit data obtained during the two 

consecutive quarters. 

20 

... ·.'d"-.'.~'·~ 
r 

L 

ARIZONA DlPAIlTIIINT Of HEALTH SEIMCES • f)MSION OF EfMRONMENTAL HfALTH SERVICES 

AIR QUALITY DATA ASSESSMENT REPORT 

FORM 1 co ,1:] ~OFRE~~~ ~ ____________ • _____________________ _ 

N 

..... 

... ~(:tsIQNAUTOMA1ED ANALYZERS 

....... I'OLWTAIIfI' ANAlYIEJIS 

-- IIIIECIIIGN 

CHECKS 

co a-. '-I []--I-]--] 7·10 

NOz n--r] ITI I •• 7·10 

[--IT] r I .1 ,. 1 03 _ •.. 1·10 

S02 I I I J [ I J I 4~ '·10 

ACCURACY-AUTOMATED ANALYZERS 

AUDII' 

GAS NUMBER 

POUUJA!!!... SOURCE' ~ LEVEL 1 

PROIA8UTY UMITS 

LEVEL 3 1.£VEL4 

co 0 19 IT] 20.21.......... , " _...... I " _ ... I ~I __ ~. --l--.L-..+-L-~.....J 

NOz 0 rn, , I ...... ' "_.. ''= ..... ~. ---1...-....L--t----L--'----- I. »·25 .,,--

0 3 E:J ~ ~~.~_:L--~~--;-~--~~~ 

S02 D IT] I I " I " "l" .. ,.,.::.l)L-..L....J_..J....-L-L-....L-JI II 20-21 22·211 :11).37 - •• 

'A· HIlS ~ SRM c· OllIe. 1'cM1IIify Vendor, CO E .0.'" (1dIInItfr Vendarlo. •. EMSL u.- G.a 0 . 0I!IIIf (1dMIify V • ..., NO. F • OIh101 (1dIntify Vendar so. 

_IEHSIAor OooIoIr ____ n W, 

.... //' 

./ 

! .... t. 

", 

/ 

;,)( 

,j~ 
;O~ 

I 

ARRONA DEPARTIIIENT OF HEALTH SERVICES • DIVISION OF ENVIRONMENTAL HEALTH 8ERVICES FORM 2 YEM GUMmt 

AIR QUAUTY DATA ASSESSMENT REPORT CIJO '2 3 

...wE OF REPORTING ORGANIZATION NETINORK, _______________ _ 

-.. 

CGLOCA1ID LMf 

PRECISIONNUMBER COLDCA1ID 

--

MANUAL METHODS 

POU.U1'ANT ~ -!!!!! .......... '...., !!!!!!- -

N 

N 

TSP rn rn I I I I 20 -[ I I I [ I I I J ... '·7 .. 141 

502 mrn!lll40 S '0 

N02 rnrnllll30 .!I 1·7 ... Pb rnrnllll15 4·5 17 1.'0' 

ACCURACY-MANUAL METHODS 

1YPE NUMIIEII PROIIA8IJTY UlllIIS 

POlLUTANT SAMIUR' AUDIIS 

------------ LEVEL 1 UWt.2 

T5P OITJ 19 20·21 . 

lEVEL 3 

502 D m,. I I , I • '---', --'---'---+--'---'---'----' I, 20.11 -- -- ~ 

N02 om ,. 2O·:U 

Pb D m L-..L. " , '--I L' __ L-.....L. __ ...I.-_..I._","--'---' 

II 20-2' 22-21 30.3"1 

B • w,,'-t AutGmabC Flow ConIroI C • With CriIiI* Orilice Flow Control 'A . WillI A_IC Flow ConIroi 

1- l J 

_EMSI"'_~ __ 'OO 

/. 

""<t. 

, .~ t ,- . •• ".1 

"?;:. t." ;i,. 

.i 

, 

--1 
~)~. .. . 

;.:. 

~:~ 

References 

1. "Quality Assurance Handbook for Air Pollution MeasuremP.nt Systems, 

Vollllle I - Princip".es." EPA-600/9-16-500. March 1976, av~i1able 

from U. S. Environmental Protection Agency, Environmental Mon1toring 

and Support Laboratory (MD-77), Research Triangle Park, NC 27711. 

2. "Quality Assurance Handbook for Air Pollution Measurement Systems, 

Volune II - Ambient Air Specific Methods. 1I CPA-600/4-77-027a, May, 

1977. Available from U. S. Environmental Protection Agency, Environmental Monitt)ri.ng and Support Laboratory (MD-77), Resear-::h Triangle 

Park, NC 27711 

3. "Traceability Protocol for Establishing True Concentrations of 

Gases Used for Calibration and Audits of Air Pollution Analyzers." 

(Protocol No.2). June, 1978. Available from U. S. Environmental 

Protection Agency, Environmental Monitoring and Support Laboratory, 

Quality Assurance Branch, (MD-77), Research Triangle Park, NC 27711. 

4. "Transfer Standards for Calibration of Ambient Air Monitoring 

Analyzers for Ozone,1I June, 1978. Available from U. S. Environmental 

Protection Agency, Department E (MD-77), Research Triangle Park. 

NC 27711. 

5. List of Reference and Equivalent Methods. 1I Available from U. S. 

Environmental Protection Agency, Department E (MD-77), Research 

Triangle Park, NC 27711. 

23 

,.-
C"' .' • 

.~ .~. 

":j 

1<.'1'VIf.<t.'.~,"'~~'~' ~; ::,~\~"!< ,'.' "L 

1.6 .. Qtti~Dua]ity Asuss.nt Requirements for PSp (Prevention Of Signif.1aD1 ., .".,:.). : 

'lh'Hrfo!jltfQn) [tInitarjng 

Section 1.1 Quality Control Program, section 1.2 Pollutant Standards, 

and section 1.5 Reporting' ~uirementst shall app1y to PSD monitoring as 

well as to other types of mdnitor1ng. However, section 1.3 Data 

Quality Assessment and sectiion 1.4 Calculations for Data Qual1ty Assessment, are modified as noted , 'below in 1.6.1 and 1.7.1. 

1.6.1 AutoMated Methods 

1.6.1.1 Precision 

Refer to 1.3.1.1 for test procedures and to 1.7.1.1 for calculation 

procedures. 

1.6.1.2 Accuracy 

Refer to 1.3.1.2 for test procedures with the f~llowing exception. Each 

sampling quarter audit each analyzer that monitors for 5°2, N02, 03' or 

CO at least once. Calculation procedures are specified in 1.7.1.2. 

1.6.2 ManUi 1 Methods 

1.6.2.1 Precision 

For a PSO monitoring network, one sampling site must have collocated 

samplers. The site with the highest expected 24-hour ~r~lutant concentration must be selected. The two samplers must be within four meters 

of each other but at least two meters apart to preclude ~irflow interference. Calibration, sampling and analysis must be the sal~ for both 

collocated samplers as well as for all other samplers in the network. 

The collocated samplers must be operated as a minimum every third day 

when continuous sampling is used. When a less frequent sample schedule 

24 

: .... -

",; 

~ '. 
is used. the collocated samplers mu~t b6 oPerated at least once each 

week. For each pair of collocated samplet·s. designate one sampler as 

the sampler which will bd used to report air quality for t~e site and 

Jesignate the other as the duplicate sampler. The differences.in measured concentratiQn between the two collocated samplers are used to 

calculate precision as described in 1.7.2.1. 

1.6.2.2 ~curacy 

Refer to 1.3.2.2 for test procedures except for TSP and Pb. For TSP 

during each sampling quarter. audit the flow rate of each high volume 

sampler at least once. For Pb during each sampling quarter. analyze 

at least one audllt sample in each of the two ranges each day that 

samples are analyze~. 

1.7 Calculation for Data Quality Assessment for PSD Monitoring 

1.7.1 Automated Methods 

1.7.1.1 Precision 

Each organization. at the end of each sampling quarter. shall calculate 

and report a precision probability interval for each analyzer. Of recti ons 

for calculations are given below and directions for reporting are given 

in section 1.5. If monitoring data are invalidated during the period 

represented by.a given precision check. the results of that precision 

check shall be excluded from the calculations. Calculate the percentage 

difference (di ) for each precision check using equation 1. 

(1) 

25 

. .~. 

! ./~ 

l~ 

1 
· ....... 

where: Yf • analyzer's indicated concentratio" from the i-th precision 

check. 

Xi • known concentratfon of the test gas used for the i-th 

precision check. 

For each instrument, calculate the quarterly average (ij ), using equation 

2, and the standard deviation (Sj)' using equation 3. 

_ n 

dj = 1 E .. d

1 (2) 

n 1-1 

(3) 

whftre n is the number of precision checks on the instrument made during 

-the sampling quarter. For example, n should be 6 or 7 if span checks 

are made biweekly during a quarter. 

Calculate the 95 percent probability limits for precision using equations 

4 and 5. 

Upper 95 Percent Probability Limit = dj + 1.96 Sj 

Lower 95 Percent Probability Limit = dj - 1.96 Sj 

Report the results in accordance with section 1.5. 

1.7.1.2 Accuracy 

(4) 

(5) 

Each organization, at the end of each sampling quarter, sha~l calculate 

and report accuracy for each audit concentration for each an~lyzer 

audited during the quarter. Directions for calcutation~ are given below 

(directions for reporting are given in section 1.5. 

Calculate the percentage difference di for each audit concentration 

us1n~ equation 1 where Vi 1s the analyzer's indic~t~d concentration 

26 

~ ... 

:::~~ . ~.'~ 
o ~'*' the 1-th audit check and X;, is the known concentration of the 

audit gas used for the i ... th aud1 t check. 

For each instrument. calculate 'the quarterly average dj and the standard deviation Sj' using equattons 2 and 3. where n is the number of 

audit checks. 

'" 

calculate the 95 percent probability limits for accuracy using equations 

4 and 5. Report the rosults in accordance with section 1.5. 

1.7.2 Manual Methods 

1.7.2.1 Precision 

Estimates of precision for TSP, 5°2, N02.and Pb are calculated quarterly 

fram results obtained from the collocation of two samplers at one site 

as described in section 1.6.2.1. For the paired measurements, 

calculate the percentage difference d

i for each pollutant, using 

eq~tion 1 where Vi is the pollutant concentration measured by the 

duplicate samp1er and Xi is the pollutant concentration measured by 

the sampler reportin~ air quality for the site. Calculate the quarterly 

average percentage difference dj • the standard deviation Sj' and the 

upper and lower 95 percent probability limits for precision, using 

equations 2, 3, 6 and 7. 

Upper 95 Percent Probability 

Limit = dj + 1.96 Sj/~-

lower 95 Percent Probability 

Limit = dj - 1.96 Sj/l2 

Report the results in accordance with section 1..5. 

27 

(6) 

(7) 
'j ." ...... 

",' 

;a,""""£"",,,',> ~sr 

;At,the end of each s.ling qUlrter, each organization shall calculate 

,and report the accuracy for 8Ifh high vollllle sampler and for S02' N02, 

and Pb analyses. Calculate the percentage difference dj for each high 

vol ... sampler and for 502, N02' and Pb analysis using equation 1 where 

Yi is the indfcated flow rate or indicated S02' N02, or Pb concentration and Xi is the known flow rate or known S02' N02, or Pb 

concentration from the i-th' audit check. 

calculate the quarterly average dj for each high volume sampler and 

S02' N02' or Pb analyses and the standard, deviation Sj' using equations 

2 and 3, where n is the number of audit checks. 

Calculate the 95 percent probability limits for accuracy using 

equattons 4 and 5. Report the results in accordance with section 1.5. 

2. SITING OF AIR MONITORING STATIONS 

2.1 Monitorfng Objectives 

Air monitori"9 stations shall be sited to meet two basic monitoring 

objectives. One objective is to determine maximum pollutant concentrations for each of the averaging times for which ambient air quality 

standards have been established. A second objective is to determine 

representative concentrations in populated areas. The total number 

of monitoring stations required to meet these objectives will vary, 

depending on the source. meteorology, topographY. locatf~n of the source 

relative to populated areas. etc. 

28 

, '~. 

. " 

'. 
<';:i;:';)z,{~: ."l 

T~::Slt·tng of all atr IIOnttori ... stations must be approved by the Bureau 

01 Atr Quality Control prtor to:installation. 

3. _ling Probe Installation 

3.1 Probe Stting 

This section contains probt:! siUng criteria to be applied to ambient 

afr quality monitors or 1onttorsample probes. These cr1t'ria must be 

followed as closely as possible to ensure the collection of valid and 

useful data. 

The he~ght above ground shall be 3-15 meters for all pollutants, except 

for particulates, carbon monoxide (microscale) and lead in which cases 

it shall be 2· 15, 2.5-3.5, and 2-7 meters, respectively. 

The distance from the vertical and horizontal supporting structures 

shall be greater than 1 meter, except when probe is located on rooftop, 

in which case it shall be greater than 2 meters from walls, parapets, or 

penthouses. 

The distance from trees shall be greater than 20 meters. 

The distance from ohstacles, sllch as buildings, must be at least 

twice the height the obstacle protrudes above the particulate or lead 

sampler or the inlet probe f~r other pollutants. 

Airflow must be unrestricted for at least 2700 around particulate and 

lead samplers and inlet probes for other pollutants. or at least 1800 

if the p~be is on tt.e side of a building. 

29 

.... --~~.~_~~"<\-(..~~4 •. IV~l·t-8~'.~~ .~ ~..\~~ , 

i ..... : 

o 
P.'rtl~·ulate sMplersand i~let probes for other pollutants shall not be , ~. . . 

1_tId near 10Caltzed sources such as furnace or incfnerator flurs 

and unpaved roads or unpaved parking lots. 

3.2 "robe ~terfal 

5a11p11ng probes and the l1~es connecting them to the analyzers must be 

constructed of teflon or pyrex glass when samplfng for sulfur dioxide. 

nitrogen dioxide, and ozone. 

3.3 Sllp1e Residence Tim! 

The silple ~esfdence time, from the inlet of the probe to the inlet of 

the analyzer, must be less than 20 seconds. 

30 

I 

t 

.. , .... ~ ., .. ~~.-. .J 
Revision B 

,-;, 

'"", .• ,,: 

Arizona Testing Manu.l for Air Pollutant Emission 

February 7. 1983 

The Testing Manual is revised to incorporate changes to existing test 

methods and new test methods which have been promulgated by the Fedr',l 

rr.fironmental Protection Agency since the last revision on May 19. 1980. 

Arizona Test Methods A2 and A3 are added to provide a simplified particulate 

test method for certain sources having low stack humidity. and to provide 

a test method for determinat4~n of gaseous emissions from bulk gasoline 

loading terminals, respectively. The latter is applicable in counties 

which adopt Phase One gasoline vapor recovery programs. 

The test limits for certification of vlsible emissions observers 

by the Bureau of Air Quality Control have also been revised. The maximum 

allowable deviation of 15% from the smoke generator tr.li":.;missometer reading at the random 25 opacity settings for either black or' ~'Jh1te smoke 

has been deleted. and the maximum allowable average deviation of 7.5 

percent has been reduced to 6.0 percent. Experience has demonstrated 

that candidates for certification may exceed the maximum allowable deviation under highly variable field testing conditions w~ile achieving fully 

acceptable average deviations. Since compliance with the specified visible 

emissions l'fmitat1ons in the regulations is based on tile average of 24 

consecutive observations during any visible emissions test, the limit on 

individual observations is not applicable. 

'.'i""1 

; . ~Ii~ 

.fJ.? . 

/ 
ReviSion No. 

Nle 

A 

B 

(' 

~. ~-' 

~ 

ARIZONA TESTING ~1ANUAL FOR 

AIR POLLUTANT EMISSIONS 

Date 

09-30-78 

05-19-80 

02-07-83 

Revision Control Record 

Section 

All 

2 

3 

1 

2 

3 

5 

6 

Description of Revision 

Issued 

Revised P 2.1-1 of 8 

1. Update Method 11 to revisions 

of January 10. 1978 

2. update Method 16 to revisions 

of January 12. 1979 

3. Add Reference Method 19 

4. Add Reference Method 21) 

Revised Section 1.1.3 

Updated Exhibit 1.1.3-1 

Updated Exhibit 1.2-2 

Revised Exhibit 1.2-2 

Revised Exhibit 1.4.1-1 

Added r1ethoQ A2 

Added Method A3 

Added Hethods SA. 12. 22, 24. ~ 25 

Added Alternate to Method' 

Updated Methods 13A. 138. h 14 

Updated Methods.101. 102. 106.& 107 

Added Method lOlA 

Added 40 CFR Part 61 Appendix C 

./ 
_ ..... _ ... ~~~.~~~'8f4~~~~~~~!~,~.."M .. ~1.i;;,."" • ..: ..... • i1h 

0· Revision B ,~ Date 02-07-83 

Page 1 of 6 

ARt·ZONA TESTING MANUAL FOR 

AIR POLLUTANT EMISSIONS 

Table of Contents .; Section ~Jbject Pages Revision . .Qm. 

1.0 ARIZONA SOURCE TESTING: POLICY 1 0 06-23-78 

1.1 SOU :E TEST QUALIFICATION 14 1 02-07-83 

1.1.1 Agtt,ICY Observer Requirements 1.1.2 Mass Emissions Test Training 

• 1.1.3 Visible Emissions Evaluator Training and . 

Certification 

1.2 SOURCE TEST PLANNING AND APPROVAL 7 1 02-07-83 

1:3 ~UALITY ASSURANCE PROVISIONS 1 0 06-23-78 

• 1.3.1 quipment Miir.~enance and Calibration 

1.3.2 Interlaboratory Control Audits 

1.4 DATA COLLECTION AND EVALUATION 6 0 02-07-83 

1.4.1 Agency Observer Activities 

1.4.2 Compliance Test Review 

• 1.4.3 Test Documentation 

2.0 ARIZONA EMISSION TEST ~'ETHODS 18 A 05-19-80 

2.1 METHOD AI: Method for Determination 

of Particulate Emissio~s from Station- ~ .. ::;:-'- ary Sources in the Presence of Sulfuric 

Acid Mist and Sulfur Oxides .',' 

2.2 METHOD A2: Arizona Emission Test Method 16 0 02-07-83 

for Determination of Dry Particulate 

Matter from Stationary Sources ;/ 2.3 METHOD A3: Emission Test Procedure for 20 0 02-07-83 

Sulk Gasoline Loading Terminals 

• 

• 

ie 

I 

! 

: 

, 

I- " 

I 
S-ctJjtn 

3.0 

3.1 

3.2 

3.3 

3.4 

3.5 

3.6 

3.7 

3.8 

3.9 

3.10 

3.11 

3.12 

3.13A 

3.138 

3.14 

3.15 

Subject 

EtJV mONMENTAL PROTECtIOtl AGENCY REFERENCE 

Hr1HQOS (~O CFR Parti6Q, Appendix A) 

METHOD 1: "Sample a~d Velocity Traver~es 

for St~tionary Sources: 

METHOD 2: "Determination of Stack Gas 

Velocity and Volumetric Flow Rate (Type S Pitot Tube)" 

METHOD 3: "Gas Analysis for Carbon 

Dioxide, Excess Air, and Dry Molecular 

Weightll 

METHOD 4: "Detennination of Moisture in 

Stack Gases: 

METHOD 5: "Determination of Particulate 

Emissions from Stationary Sources" 

t1ETHOO SA: "Determination of P~rticulate 

Emissions from the Asphalt Processing and Asphalt Ro~finq Industry: METHOO·6: "Determination of Sulfur Dioxide 

Emissions from Stationary Sources" ~1ETHOD 7: "Determination of Nitroqen Oxide Emissions from Stationary Soutces" 

METHOO 8: "Determination of Sulfuric Acid 

Mist and Sulfur Dioxide Emissions from 

Stationary Sources" 

METHOD 9: "Visual Determination of the 

Opacity of Emissions from Stationary Sources" 

METHOD 10: "Determination of Carbon 

Monoxide Emissions from Stationary Sources" 

nETHOD 11: "Determination of Hydrogen 'Sulfide Emissions from Stationary Sources" 

METHOD 12: "Determination of Inorganic Lead Emissions from Stationary Sources" 

METHOD 13A: "Determination of Total Flu~ride Emissions from Stationary Sources--SPAONS Zirconium Lake Method" 

METHOD nB: "Determination of Total 

Fluoride Emissions from Stationary Sources--Speciffc Ion Electrode Method" r~ETHOD 14: "Determination of Fluoride 

Emissions for Potroom ~oof ~onitor of 

Primary Aluminum Plants" 

METHOD 15: "Determfnat;on of Hydrogen Sulfide. Carbonyl Sulfide. and Carbon 

DisulFide Emissions from Stationary Sources" 

Revision R 

nate 02-07-83 

PaCle 2 0' 6 

Latest 

Revi!;'jon Date 

03-23-78 

03-23-78 

03-23-78 

03-23-78 

03-23-78 

08~06-82 

03-23-78 

03-23-78 

1)3-23-78 

11-12-74 

03-08-78 

01-10-78 

I)A';16-S2 

12-24-80 

06-30-80 

03-15-80 

,/ 

. ~. . 

.. --
.. ,;. : 

.,tfo1!, . . ~ .. 

3.16 

3.17 

3.19 

3.20 

3.22 

3.24 

3.25 

Revision 8 ~. nate fJ2-07-33 ~ ... '~ Patle 3 of 6 

Sub.ject 

METHOO 16: "SePlicontinuous Determination of Sulfur Emissions from Stationary Sources" ' 

METHOD 17: "Determination of Particulate 

Emissions from St.t1onary Sources (In- Stack Filtration Method) METHOD 19: "Determination of Sulfur Dioxide Removal Efffciency anrl Particulate. 

Sulfur Dioxide. a~d Nitroge1 Oxfd~s Emissfon Rates from Electric Utili~y Steam 

Generators" 

METHOD 20: "Determination of Nitrogen Oxides. 

Sulfur Dioxide. aM OX'y~en [missions from 

Stationary Gas Turbines" 

nETHOD 22: "Visible Determination of Fugitive Emissions from Material Processfnq Sources" 

METHOD 24: "Determin~tion of lo1ati'le 

Hatter Content. Water Content. Density. Volume Solids. and Wei9ht Solids of Surface . Coatings" METHOD 25: "Determination of Tolta1 (;aseOus Nonmethane Orpanic Emissions as Carbon" 

Latest E!.~..t! ion Dft te 

01-12-79 

02-23-73 

06-11-79 

09-10-79 

00-06-82 

10-03-80 

10-1)3-30 

. :1'.·· 
. :'~~ '. 

• .&ctfon 

4.0 

4.1 

• 

4.2 

4.3 

• 

• 

• 

0. 

'" Revision 0 ~i;,,> Date Sep -30:. 1978 

Page 4 of 6 

Subject Paaes Revision 

ENVIRONME:NTAL PROTECTION AGENCY PERFOR~'ANCE SPECIFICATIONS (4Q CFR Pa~t_ 60. Appendix BT 

PERFORMANCE SPECIFICATION 1:: "Performance 

Specifications and Spec1;fcation test 

procedures for transmfss~ter systems fOI~ conti nuous measuremeitt of the opaci ty of stack emissions" 

PERFORMANCE SPECIFICATION 2: "Performance 

Specifications and Specification Test 

Procedures for Monitors pf S02 and NOx from Stationary Sources!!: 

PERFORMANCE SPECIFICATION 3: "Pe:"formance 

Specifications and Specification Test 

Procedures for Monitors bf C02 and 02 

from Stationary Sources" 

Applicable ,Revision of Performance 'Sp"ecification ~;ill 

be defined and recorded .at 

date of continuous monitoring equipment performance evaluation planning approval. 

I 

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Section 

5.0 

5.1 

5.1A 

5.2 

5.3 

5.4 

5.5 

5.6 

5.7 

Subject 

ENVIROtl~'EtITAL P~OTECTION AGENCY TEST 

RETHQQS (40 CFR ~art 61. Apppndix 8) 

METHOD 101: "Reference rtethod for 

O Revision B ~. Date 02-07·83 

page 5 of 6 

Latest 

Revision Date 

Determination of Particulate and 

Gaseous Mercury EmisSions frolTl 

Stationary Sources (Air Streams)" METHOD lOlA: "Determination of Particulate 

and Gaseous Mercury Emissions from 

Sewage Slud~e Incinerators" 

06-08-82 

METHOD 102: "Reference Method for Determination of Particulate arid Gaseous 

Mercury Emissions from Stationary Sources (Hydrogen Streams)" METHOD 103: "Beryl1fum Screenil'1Q ~1ethod" 

METHOD 104: "Reference f4ethod for 

Determination of Beryllium Emissions 

from Stationary Sources" 

METHOD 105: "Method for Determination 

of Mercury in Wastewater Treatment 

Plant Sewage Sludges" METHOD 106: "Determination of Vinyl Chloride from Stationary Sources" ~fETHOD 107: "Detennination of Vinyl Chloride of Inprocess Wastewater 

Samples, and Vinyl Chlorlde Content 

of Polyvinyl Chloride Resin, Slurry, ~Iet Cake. and Latex Samples" 

1)6-08-82 

04-06-73 

04-06·73 

09-07-82 

09-07-82 

1 

.- ..... '.~ "'''''''''~~'t .. *~~!tI.':h''!ft.~~~~~ynr-~r.«:,o'C.'-!'~~''''''' .... ~.,h'·.·:'~,>~;.r..,.~ ........ -.~ .•• -.. ~~~~ 
Section 

6.0 

6.1 

6.2 

Subject 

PROCEDURE 1: : "Determination of Adequate Chromatographie Peak Resolution: 

~ Revision B ,~ Date 02-07-83 

Page 6 of 6 

Latest 

Revision Date 

09-1)7-82 

PROCEDURE 2: "Procedure for Field Auditing 

GC Analysis 

09-07-82 

.. . ..... , ,""'~.....,. 
Appendix C 

Maricopa County Rules to be incorporated into the SIP 
SECTION 500 - MONITORING AND RECORDS 

501 REPORTING REQUIREMENTS: The owner and/or operator of any air pollution 

source shall maintain records of all emissions testing and monitoring, records 

detailing all malfunctions which may cause any applicable emission limitation to be 

exceeded, records detailing the implementation of approved control plans and 

compliance schedules, records required as a condition of any permit, records of 

materials used or produced, and any other records relating to the emission of air 

contaminants which may be requested by the Control Officer. 

502 DATA REPORTING: When requested by the Control Officer, a person shall 

furnish to the Department information to locate and classify air contaminant 

sources according to type, level, duration, frequency, and other characteristics of 

emissions and such other information as may be necessary. This information shall 

be sufficient to evaluate the effect on air quality and compliance with these rules. 

The owner and/or operator of a source requested to submit information under 

Section 501 of this rule may subsequently be required to submit annually, or at 

such intervals specified by the Control Officer, reports detailing any changes in the 

nature of the source since the previous report and the total annual quantities of . 

materials used or air contaminants emitted. 

503 EMISSION STATEMENTS REQUIRED AS STATED IN THE ACT: Upon request 

of the Control Officer and as directed by the Control Officer, the owner and/or 

operator of any source which emits or may emit oxides of nitrogen (NOx) or 

volatile organic compounds (VOC) shall provide the Control Officer with an 

emission statement, in such form as the Control Officer prescribes, showing 

measured actual emissions or estimated actual emissions of NOx and VOC from 

that source. At a minimum, the emission statement shall contain all information 

required by the Consolidated Emissions Reporting Rule in 40 CFR 51, Subpart A, 

Appendix A, Table 2A, which is incorporated by reference in Appendix G of these 

rules. The statement shall contain emissions for the time period specified by the 

Control Officer. The statement shall also contain a certification by a responsible 

official of the company that the information contained in the statement is accurate 

to the best knowledge of the individual certifying the statement. Statements shall 

be submitted annually to the Department. The Control Officer may waive this 

requirement for the owner and/or operator of any source which emits less than 25 

tons per year of oxides of nitrogen or volatile organic compounds with an 

approved emission inventory for sources based on AP-42 or other methodologies 

approved by the Administrator. 

504 RETENTION OF RECORDS: Information and records required by applicable 

requirements and copies of summarizing reports recorded by the owner and/or 

operator and submitted to the Control Officer shall be retained by the owner and/or 

operator for five years after the date on which the information is recorded or the 

report is submitted. Non-Title V sources may retain such information, records, and 

reports for less than five years, if otherwise allowed by these rules. 

505 ANNUAL EMISSIONS INVENTORY REPORT: 
505.1 Upon request of the Control Officer and as directed by the Control Officer, 

the owner and/or operator of a business shall complete and shall submit to 

the Control Officer an annual emissions inventory report. The report is due 

by April 30, or 90 days after the Control Officer makes the inventory 

formes) available, whichever occurs later. These requirements apply 

whether or not a permit has been issued and whether or not a permit 

application has been filed. 

505.2 The annual emissions inventory report shall be in the format provided by 

the Control Officer. 

505.3 The Control Officer may require submittal of supplemental emissions 

inventory information forms for air contaminants under ARS §49-476.01, 

ARS §49-480.03, and Rule 372-Maricopa County Hazardous Air Pollutants 

(HAPs) Program of these rules. 
Appendix D 

Pima County Rules to be incorporated into the SIP 
17.12.040 - Reporting requirements. 

A. 

8. 

The owner or operator of any source shall report to the Control Officer any emissions 

in excess of the limits established by this Chapter or the applicable permit. The report 

shall be in 2 parts as specified below: 

1. 

2. 

Notification by telephone or facsimile within 24 hours of the time the owner or 

operator first learned of the occurrence of excess emissions that includes all 

available information from subsection (8). 

Detailed written notification by submission of an excess emissions report 

within 72 hours of the notification under subsection (1). 

The excess emissions report shall contain the following information: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

The identity of each stack or other emission point where the excess 

emissions occurred; 

The magnitude of the excess emissions expressed in the units of the 

applicable emission limitation and the operating data and calculations used in 

determining the magnitude of the excess emissions; 

The time and duration or expected duration of the excess emissions; 

The identity of the equipment from which the excess emissions emanated; 

The nature and cause of the emissions; 

The steps taken, if the excess emissions were the result of a malfunction, to 

remedy the malfunction and the steps taken or planned to prevent the 

recurrence of the malfunctions; 

The steps that were or are being taken to limit the excess emissions; and 

If the source's permit contains procedures governing source operation during 

periods of startup or malfunction and the excess emissions resulted from 

startup or malfunction, a list of the steps taken to comply with the permit 

procedures. 
c. 

In the case of continuous or recurring excess emissions, the notification 

requirements of this Section shall be satisfied if the source provides the required 

notification after excess emissions are first detected and includes in the notification 

an estimate of the time the excess emissions will continue. Excess emissions 

occurring after the estimated time period' or changes in the nature of the emissions 

as originally reported shall require additional notification pursuant to subsections (A) 

and (8). 

(Ord. 2006-9 § 1 (part), 2006; Ord. 2005-43 § 2 (part), 2005) 

17.20.010 - Source sampling, monitoring, and testing. 

A 

8. 

The control officer may require, by permit or order, any source of air contaminants to 

monitor, sample, or perform other studies to quantify emissions of air contaminants 

or levels of air pollution that may reasonably be attributable to that source if the 

control officer makes the written determinations required by either subsection 8 or 

subsection C of this section and if the control officer either: 

1. 

2. 

3. 

Determines that monitoring, sampling, or other studies are necessary to 

determine the effects of the facility on levels of air pollution. 

Has reasonable cause to believe a violation of this title or a permit issued 

pursuant to this title has been committed. 

Determines that those studies or data are necessary to accomplish the 

purposes of this title, and that the monitoring, sampling, or other studies by 

the source are necessary in order to assess the impact of the source on the 

emissions of air contaminants. 

The control officer shall, by permit or order, require sources of air contaminants for 

which ambient air quality standards or emission standards or design, equipment, 

work practice or operational standards have been adopted pursuant to AR.S. 49-424 

or AR.S. 49-425, subsection A to monitor, sample, or otherwise quantify their 

emissions or air pollution which may reasonably be attributed to sources of such air 

contaminants if the control officer determines in writing that all of the following 

conditions are met: 

1. 

The actual or potential emissions of air pollution may adversely affect public 

health or the environment; and 
C. 

D. 

E. 

2. 

3. 

4. 

5. 

An adequate scientific basis for the monitoring, sampling, or quantification 

method exists; and 

The monitoring, sampling, or quantification method is technically feasible for 

the subject contaminant and source; and 

The monitoring, sampling, or quantification method is reasonably accurate; 

and 

The cost of the method is reasonable in light of the use to be made of the 

data. 

The Control Officer may, by permit or order, require sources of air contaminants not 

described by subsection B of this section to perform monitoring, sampling or other 

quantification of its emissions or air pollution that may reasonably be attributed to 

such source if the control officer determines in writing that all of the following 

conditions are met: 

1. 

2. 

3. 

4. 

5. 

The actual or potential emissions of air pollution may adversely affect public 

health or the environment; and 

An adequate scientific basis for the monitoring, sampling, or quantification 

method exists; and 

The monitoring, sampling, or quantification method is technically feasible for 

the subject contaminant and source; and 

The monitoring, sampling, or quantification method is reasonably accurate; 

and 

The cost of the method is reasonable in light of the use to be made of the 

data. 

Before requiring such monitoring, sampling, or other quantification by permit or order, 

the control officer shall consider the relative cost and accuracy of any alternatives 

which may be reasonable under the circumstances such as emission factors, 

modeling, mass balance analyses, or emissions projections. 
Orders issued or permit conditions imposed pursuant to this section shall be 

appealable to the hearing board in the same manner as that prescribed for orders of 

abatement and permit conditions. 

(Ord. 1993-128 § 5 (part), 1993) 

17.24.040 - Reporting for compliance evaluations. 

When the control officer has reasonable cause to believe that a person is emitting or 

capable of emitting an air contaminant to the air or is violating a provision of the Title, a 

permit condition, or a requirement of a conditional order issued according to this title, he may 

require in writing that such person produce all existing books, records, or other documents 

which might reasonably contain evidence needed to determine compliance or 

noncompliance with this title. Such information shall be supplied to the control' officer 

promptly upon request or in accordance with other conditions stated herein. 

(Ord. 1993-128 § 6 (part), 1993) 

17.32.010 - State jurisdiction. 

Pursuant to A.R.S. Section 49-465, the Director of the Arizona Department of 

Environmental Quality and the Governor of Arizona have exclusive jurisdiction over any air 

pollution conditions which constitute an emergency risk to the public health. Orders of the 

Governor during any emergency episode condition in Pima County shall be enforced by the 

control officer. 

(Ord. 1993-128 § 8 (part), 1993) 

17.32.020 - Determination of emergency conditions. 

A. 

When the control officer determines that high concentrations of pollutants in the 

ambient air and/or weather conditions constitute an emergency risk to persons in the 

county, such determination shall be communicated promptly to the public and to the 

Director of the Arizona Department of Environmental Quality. 

1. 

2. 

Criteria used for determining an emergency shall include the air pollutant 

concentration levels listed in Table 17.32.020. 

Possible episode conditions shall include the progressively deteriorating air 

quality levels listed as Alert, Warning, and Emergency in Table 17.32.020. 

These criteria have been established to prevent, avoid, or reduce the 
B. 

3. 

significant harm level of air pollution. (Significant harm means increased 

morbidity or irreversible, incapacitating damage to the health of the citizenry.) 

Weather forecasts of conditions which are likely to produce unusually high 

concentrations of air pollutants in a large area shall be communicated to the 

public when deemed appropriate I;>y the control officer. 

Upon the recommendation of the Director of the Arizona Department of 

Environmental Quality, the Governor of the state may, by proclamation, declare that 

an air pollution emergency exists in a specific area and may order appropriate 

curtailments of emissions as specified in 40 CFR 51, Appendix L to eliminate the 

emergency in the affected area. 

(Ord. 1993-128 § 8 (part), 1993) 

17.32.030 - Emergency episode reporting. 

A. 

B. 

C. 

During any stage of an air pollution episode in the county, the control officer shall 

redirect available resources toward a prearranged plan of air qualitY monitoring, 

reporting, and communication of information to the Arizona Department of 

Environmental Quality. 

Such plan shall include (as directed by the Director of ADEQ) collection and analysis 

of air pollutant data at intervals more frequent than normal, and continual analysis of 

local weather reports and forecasts. 

A written report of the air quality levels before, during, and after the episode condition 

shall be forwarded to the ADEQ Director within one week of the episode. 

(Ord. 1993-128 § 8 (part), 1993) 

17.32.040 - Enforcement actions 

A. 

B. 

Depending on the severity of an air pollution episode, the Governor of the state may 

prohibit or restrict various emission source activities in the affected area for the 

duration of the episode. Such prohibitions or restrictions may include the 

enforcement actions listed in Table 17.32.040 and in 40 CFR 51, Appendix L. 

During any stage of an air pollution episode in the county, upon the request of the 

Director of the Arizona Department of Environmental Quality, the control officer shall 
redirect available staff to assist ADEQ staff in eliminating the episode condition, 

according to a prearranged plan. 

1. 

2. 

Such plan shall include increased surveillance of emission sources, possible 

suspensions of existing air pollution permits, and enforcement of special 

emission limiting actions. 

Mandatory prohibitions or restrictions imposed by the Director of the Arizona 

Department of Environmental Quality shall be implemented by the control 

officer upon the request of the ADEQ director. 

(Ord. 1993-128 § 8 (part), 1993) 
Appendix E 

Authorizing Statutes 
49-104. Powers and duties of the department and director 

A. The department shall: 

1. Formulate policies, plans and programs to implement this title to protect the 

environment. 

2. Stimulate and encourage all local, state, regional and federal governmental 

agencies and all private persons and enterprises that have similar and related 

objectives and purposes, cooperate with those agencies, persons and enterprises 

and correlate department plans, programs and operations with those of the 

agencies, persons and enterprises. 

3'. Conduct research on its own initiative or at the request of the governor, the 

legislature or state or local agencies pertaining to any department objectives. 

4. Provide information and advice on request of any local, state or federal agencies 

and private persons and business enterprises on matters within the scope of the 

department. 

5. Consult with and make recommendations to the governor and the legislature on 

all matters concerning department objectives. 

6. Promote and coordinate the management of air resources to assure their 

protection, enhancement and balanced utilization consistent with the environmental 

policy of this state. 

7. Promote and coordinate the protection and enhancement of the quality of water 

resources consistent with the environmental policy of this state. 

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

maximizes environmental benefits and minimizes the effects of less desirable 

environmental conditions. 

9. Assure the preservation and enhancement of natural beauty and man-made 

scenic qualities. 

10. Provide for the prevention and abatement of all water and air pollution including' 

that related to particulates, gases, dust, vapors, noise, radiation, odor, nutrients 

and heated liquids in accordance with article 3 of this chapter and chapters 2 and 3 

of this title. 

11. Promote and recommend methods for the recovery, recycling and reuse or, if 

recycling is not possible, the disposal of solid wastes consistent with sound health, 

scenic and environmental quality policies. Beginning in 2014, the department shall 

report annually on its revenues and expenditures relating to the solid and 

hazardous waste programs overseen or administered by the department. 

12. Prevent pollution through the regulation of the storage, handling and 

transportation of solids, liquids and gases that may cause or contribute to pollution. 

13. Promote the restoration and reclamation of degraded or despoiled areas and 

natural resources. 

14. Assist the department of health services in recruiting and training state, local 

and district health department personnel. 

15. Participate in the state civil defense program and develop the necessary 

organization and facilities to meet wartime or other disasters. 

16. Cooperate with the Arizona-Mexico coml"t:lission in the governor's office and with 

researchers at universities in this state to collect data and conduct projects in the 

United States and Mexico on issues that are within the scope of the department's 

duties and that relate to quality of life, trade and economic development in this 

state in a manner that will help the Arizona-Mexico commission to assess and 
enhance the economic competitiveness of this state and of the ArizonCi-Mexico 

region. 

17. Unless specifically authorized by the legislature, ensure that state laws, rules, 

standards, permits, variances and orders are adopted and construed to be 

consistent with and no more stringent than the corresponding federal law that 

addresses the same subject matter. This provision shall not be construed to 

adversely affect standards adopted by an Indian tribe under federal law. 

B. The department, through the director, shall: 

1. Contract for the services of outside advisers, consultants and aides reasonably 

necessary or desirable to enable the department to adequately perform its duties. 

2. Contract and incur obligations reasonably necessary or desirable within the 

general scope of department activities and operations to enable the department to 

adequately perform its duties. 

3. Utilize any medium of communication, publication and exhibition when 

disseminating information, advertising and publicity in any field of its purposes, 

objectives or duties. 

4. Adopt procedural rules that are necessary to implement the authority granted 

under this title, but that are not inconsistent with other provisions of this title. 

5. Contract with other agencies, including laboratories, in furthering any 

department program. 

6. Use monies, facilities or services to provide matching contributions under federal 

or other programs that further the objectives and programs of the department. 

7. Accept gifts, grants, matching monies or direct payments from public or private 

agencies or private persons and enterprises for department services and 

publications and to conduct programs that are consistent with the general purposes 

and objectives of this chapter. Monies received pursuant to this paragraph shall be 

deposited in the department fund corresponding to the service, publication or 

program provided. 

8. Provide for the examination of any premises if the director has reasonable cause 

to believe that a violation of any environmental law or rule exists or is being 

committed on the premises. The director shall give the owner or operator the 

opportunity for its representative to accompany the director on an examination of 

those premises. Within forty-five days after the date of the examination, the 

department shall provide to the owner or operator a copy of any report produced as 

a result of any examination of the premises. 

9. Supervise sanitary engineering facilities and projects in this state, authority for 

which is vested in the department, and own or lease land on which sanitary 

engineering facilities are located, and operate the facilities, if the 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 of solid, liquid or gaseous deleterious matter. 

11. Define and prescribe reasonably necessary rules regarding the water supply, 

sewage disposal and garbage collection and disposal for subdivisions. The rules 

shall: 

(a) Provide for minimum sanitary facilities to be installed in the subdivision and 

may require that water systems plan for future needs and be of adequate size and 

2 
capacity to deliver specified minimum quantities of drinking water and to treat all 

sewage. 

(b) Provide that the design documents showing or describing the water supply, 

sewage disposal and garbage collection facilities be submitted with a fee to the 

department for review and that no lots in any subdivision be offered for sale before 

compliance with the standards and rules has been demonstrated by approval of the 

design documents by the department. 

12. Prescribe reasonably necessary measures to prevent pollution of water used in 

public or semipublic swimming pools and bathing places and to prevent deleterious 

conditions at such places. The rules shall prescribe minimum standards for the 

design of and for sanitary conditions at any public or semipublic swimming pool or 

bathing place and provide for abatement as public nuisances of premises and 

facilities that do not comply with the minimum standards. The rules shall be 

developed in cooperation with the director of the department of health services and 

shall be consistent with the rules adopted by the director of the department of 

health services pursuant to section 36-136, subsection H, paragraph 10. 

13. Prescribe reasonable rules regarding sewage collection, treatment, disposal and 

reclamation systems to prevent the transmission of sewage borne or insect borne 

diseases. The rules shall: 

(a) Prescribe minimum standards for the design of sewage collection systems and 

treatment, disposal and reclamation systems and for operating the systems. 

(b) Provide for inspecting the premises, systems and installations and for abating 

as a ,public nuisance any collection system, process, treatment plant, disposal 

system or reclamation system that does not comply with the minimum standards. 

(c) Require that design documents for all sewage collection systems, sewage 

collection system extensions, treatment plants, processes, devices, equipment, 

disposal systems, on-site wastewater treatment facilities and reclamation systems 

be submitted with a fee for review to the department and may require that the 

design documents anticipate and provide for future sewage treatment needs. 

(d) Require that construction, reconstruction, installation or initiation of any sewage 

collection system, sewage collection system extension, treatment plant, process, 

device, equipment, disposal system, on-site wastewater treatment facility or 

reclamation system conform with applicable requirements. 

14. Prescribe reasonably necessary rules regarding excreta storage, handling, 

treatment, transportation and disposal. The rules shall: 

(a) Prescribe minimum standards for human excreta storage, handling, treatment, 

transportation and disposal and' shall provide for inspection of premises, processes 

and vehicles and for abating as public nuisances any premises, processes or 

vehicles that do not, comply with the minimum standards. 

(b) Provide that vehicles transporting human excreta from privies, septic tanks, 

cesspools and other treatment processes shall be licensed by the department 

subject to compliance with the rules. The department may require payment of a fee 

as a condition of licensure. After the effective date of this amendment to this 

section, the department shall establish by rule a fee as a condition of licensure, 

including a maximum fee. As part of the rule making process, there must be public 

notice and comment and a review of the rule by the jOint legislative budget 

committee. After September 30, 2013, the department shall not increase that fee 

by rule without specific statutory authority for the increase. The fees shall be 

3 
deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund 

established by section 49-881. 

15. Perform the responsibilities of implementing and maintaining a data automation 

management system to support the reporting requirements of title III of the 

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 of this chapter. 

17. Establish or revise fees by rule pursuant to the authority granted under title 44, 

chapter 9, article 8 and chapters 4 and 5 of this title for the department to 

adequately perform its duties. All fees shall be fairly assessed and impose the least 

burden and cost to the parties subject to the fees. In establishing or revising fees, 

the department shall base the fees on: 

(a) The direct and indirect costs of the department's relevant duties, including 

employees salaries and benefits, professional and outside services, eqUipment, instate travel and other necessary operational expenses directly related to issuing 

licenses as defined in title 41, chapter 6 and enforcing the requirements of the 

applicable regulatory program. 

(b) The availability of other funds for the duties performed. 

(c) The impact of the fees on the parties subject to the fees. 

(d) The fees charged for similar duties performed by the department, other 

agencies and the private sector. 

C. The department may: 

1. Charge fees to cover the costs of all permits and inspections it performs to 

ensure compliance with rules adopted under section 49-203, except that state 

agencies are exempt from paying the fees. Monies collected pursuant to this 

subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the 

water quality fee fund established by section 49-210. 

2. Contract with private consultants for the purposes of aSSisting the department in 

reviewing applications for licenses, permits or other authorizations to determine 

whether an applicant meets the criteria for issuance of the license, permit or other 

authorization. If the department contracts with a conSUltant under this paragraph, 

an applicant may request that the department expedite the application review by 

requesting that the department use the services of the consultant and by agreeing 

to pay the department the costs of the consultant's services. Notwithstanding any 

other law, monies paid by applicants for expedited reviews pursuant to this 

paragraph are appropriated to the department for use in paying conSUltants for 

services. 

D. The director may: 

1. If the director has reasonable cause to believe that a violation of any 

environmental law or rule exists or is being committed, inspect any person or 

property in transit through this state and any v~hicle in which the person or 

property is being transported and detain or disinfect the person, property or vehicle 

as reasonably necessary to protect the environment if a violation exists. 

2. Authorize in writing any qualified officer or employee in the department to 

perform any act that the director is authorized or required to do by law. 

4 
49-106. Statewide application of rules 

The rules adopted by the department apply and shall be observed throughout this 

state, or as provided by their terms, and the appropriate local officer, council or 

board shall enforce them. This section does not limit the authority of local 

governing bodies to adopt ordinances and rules within their respective jurisdictions 

if those ordinances and rules do not conflict with state law and are equal to or more 

restrictive than the rules of the department, but this section does not grant local 

governing bodies any authority not otherwise provided by separate state law. 

49-404. State implementation plan 

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

implementation, maintenance and enforcement of national ambient air quality 

standards and protection of visibility as required by the clean air act. 

B. The director may adopt rules that describe procedures for adoption of revisions 

to the state implementation plan. 

e. The state implementation plan and all revisions adopted before September 30, 

1992 remain in effect according to their terms, except to the extent otherwise 

provided by the clean air act, inconsistent with any provision of the clean air act, or 

revised by the administrator. No control requirement in effect, or required to be 

adopted by an order, settlement agreement or plan in effect, before the enactment 

of the clean air act in any area which is a nonattainment or maintenance area for 

any air pollutant may be modified after enactment in any manner unless the 

modification insures equivalent or greater emission reductions of the 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 B are effective. 

49-406. Nonattainment area plan 

A. For any ozone, carbon monoxide or particulate nonattainment or maintenance 

area the governor shall certify the metropolitan planning organization designated to 

conduct the continuing, cooperative and comprehensive transportation planning 

process for that area under 23 United States Code section 134 as the agency 

responsible for the development of a nonattainment or maintenance area plan for 

that area. 

B. For any ozone, carbon monoxide or particulate nonattainment or maintenance 

area for which no metropolitan planning organization exists, the department shall 

be certified as the agency responsible for development of a nonattainment or 

maintenance area plan for that area. 

e. For any ozone, carbon monoxide or particulate nonattainment or maintenance 

area, the department, the planning agency certified pursuant to subsection A of this 

section on behalf of elected officials of affected local government, the county air 

pollution control department or district, and the department of transportation shall, 

by November 15, 1992, and from time to time as necessary, jOintly review and 

update planning procedures or develop new procedures. 

D. In preparing the procedures described in subsection C of this section, the 

department, the planning agency certified pursuant to subsection A of this section 

on behalf of elected officials of affected local government, the county air pollution 

control department or district, and the department of transportation shall determine 

5 
which elements of each revised implementation plan will be developed, adopted, 

and implemented, through means including enforcement, by the state and which by 

local govemments or regional agencies, or any combination of local governments, 

regional agencies or the state. 

E. The department, the planning agency certified pursuant to subsection A of this 

section on behalf of elected officials of affected local government, the county air 

pollution control department or district, and the department of transportation shall 

enter into a memorandum of agreement for the purpose of coordinating the 

implementation of the procedures described in subsection C and D of this section. 

F. At a minimum, the memorandum of agreement shall contain: 

1. The relevant responsibilities and authorities of each of the coordinating agencies. 

2. As appropriate, procedures, schedules and responsibilities for development of 

nonattainment or maintenance area plans or plan revisions and for determining 

reasonable further progress. 

3. Assurances for adequate plan implementation. 

4. Procedures and responsibilities for tracking plan implementation. 

5. Responsibilities for preparing demographic projections including land use, 

housing, and employment. 

6. Coordination with transportation programs. 

7. Procedures and responsibilities for adoption of control measures and emissions 

limitations. 

8. Responsibilities for collecting air quality, transportation and emissions data. 

9. Responsibility for conducting air quality modeling. 

10. Responsibility for administering and enforcing stationary source controls. 

11. Provisions for the timely and periodic sharing of all data and information among 

the signatories relating to: 

(a) Demographics. 

(b) Transportation. 

(c) Emissions inventories. 

(d) Assumptions used in developing the model. 

(e) Results of modeling done in support of the plan. 

(f) Monitoring data. 

G. Each agency that commits to implement any emission limitation or other control 

measure, means or technique contained in the implementation plan shall describe 

that commitment in a resolution adopted by the appropriate governing body of the 

agency. The resolution shall specify the following: 

1. Its authority for implementing the limitation or measure as provided in statute, 

ordinance or rule. . 

2. A program for the enforcement of the limitation or measure. 

3. The level of personnel and funding allocated to the implementation of the 

measure. 

H. The state, in accordance with the rules adopted pursuant to section 49-404, and 

the governing body of the metropolitan planning organization shall adopt each 

nonattainment or maintenance area plan developed by a certified metropolitan 

planning organization. The adopted nonattainment or maintenance area plan shall 

be transmitted to the department for inclusion in the state implementation plan 

provided for under section 49-404. 

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I. After adoption of a nonattainment or maintenance area plan, if on the basis of 

the reasonable further progress determination described in subsection F of this 

section or other information, the control officer determines that any person has 

failed to implement an emission limitation or other control measure, means or 

technique as described in the resolution adopted pursuant to subsection G of this 

section, the control officer shall issue a written finding to the person; and shall 

provide an opportunity to confer. If the control officer subsequently determines that 

the failure has not been corrected, the county attorney, at the request of the 

control officer, shall file an action in superior court for a preliminary injunction, a 

permanent injunction, or any other relief provided by law. 

J. After adoption of a nonattainment or maintenance area plan, if, on the basis of 

the reasonable further progress determination described in subsection F of this 

section or other information, the director determines that any person has failed to 

implement an emission limitation or other control measure, means or technique as 

described in the resolution adopted pursuant to subsection G of this section, and 

that the control officer has failed to act pursuant to subsection I of this section, the 

director shall issue a written finding to the person and shall provide an opportunity 

to confer. If the director subsequently determines that the failure has not been 

corrected, the attorney general, at the request of the director, shall file an action in 

superior court for a preliminary injunction, a permanent injunction, or any other 

relief provided by law. 

K. Notwithstanding subsections A and B of this section, in any metropolitan area 

with a metropolitan statistical area population of less than two hundred fifty 

thousand persons, the governor shall deSignate an agency that meets the criteria of 

section 174 of the clean air act and that is recommended by the city that causes 

the metropolitan area to exist and the affected county. That agency shall prepare 

and adopt the nonattainment or maintenance area plan. If the governor does not 

deSignate an agency, the department shall be certified as the agency responsible 

for the development of a nonattainment or maintenance area plan for that area. 

49-425. Rules: hearing 

A. The director shall adopt such rules as he determines are necessary and feasible 

to reduce the release into the atmosphere of air contaminants originating within the 

territorial limits of the state or any portion thereof and shall adopt, modify, and 

amend reasonable standards for the quality of, and emissions into, the ambient air 

of the state for the prevention, control and abatement of air pollution~ Additional 

standards shall be established for particulate matter emissions, sulfur dioxide 

emissions, and other air contaminant emissions determined to be necessary and 

feasible for the prevention, control and abatement of air pollution. In fixing such 

ambient air quality standards, emission standards or standards of performance, the 

director shall give consideration but shall not be limited to the relevant factors 

prescribed by the clean air act. 

B. No rule may be enacted or amended except after the director first holds a public 

hearing after twenty days' notice of such hearing. The proposed rule, or any 

proposed amendment of a rule, shall be made available to the public at the time of 

notice of such hearing. 

C. The department shall enforce the rules adopted by the director. 

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D. All rules enacted pursuant to this section shall be made available to the public at 

a reasonable charge upon request. 

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