The Acting EPA Regional Administrator, Alexis Strauss signed the following rule on February 19, 2015 and EPA is 

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

version of this rule, it is not the official version. Please refer to the official version in a forthcoming FR publication 

appearing on the Government Printing Office website, http://fdsys.gpo.gov/fdsys/search/home.action, and on 

www.regulations.gov in Docket Number EPA-R09-OAR-2014-0258.

Billing Code: 6560-50-P 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R09-OAR-2014-0258; FRL-______ 

Approval and Promulgation of State Implementation Plans; 

Arizona; Infrastructure Requirements for the 2008 Lead (Pb) and 

the 2008 8-Hour Ozone National Ambient Air Quality Standards 

(NAAQS) 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection Agency (EPA) is approving 

State Implementation Plan (SIP) revisions submitted by the State 

of Arizona to address the requirements of section 110(a)(1) and 

(2) of the Clean Air Act (CAA) for the 2008 Lead (Pb) and 2008 

ozone national ambient air quality standards (NAAQS). Section 

110(a) of the CAA requires that each State adopt and submit a 

SIP for the implementation, maintenance, and enforcement of each 

NAAQS promulgated by EPA. We refer to such SIP revisions as 

"infrastructure" SIPs because they are intended to address basic 

structural SIP requirements for new or revised NAAQS including, 

but not limited to, legal authority, regulatory structure, 

resources, permit programs, monitoring, and modeling necessary 
This document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss on February 

19, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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to assure attainment and maintenance of the standards. In 

addition, we are approving several state provisions addressing 

CAA conflict of interest and monitoring requirements into the 

Arizona SIP. 

DATES: This final rule is effective on [Insert date 30 days from 

date of publication]. 

ADDRESSES: EPA has established a docket for this action, 

identified by Docket ID Number EPA-R09-OAR-2014-0258. The index 

to the docket for this action is available electronically at 

http://www.regulations.gov and in hard copy at EPA Region IX, 75 

Hawthorne, San Francisco, California. While all documents in the 

docket are listed in the index, some information may be 

publically available only at the hard copy location (e.g., 

copyrighted material) and some may not be publically available 

in either location (e.g., confidential business information 

(CBI)). To inspect the hard copy materials, please schedule an 

appointment during normal business hours with the contact listed 

directly below. 

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, Office of Air 

Planning, U.S. Environmental Protection Agency, Region 9, (415) 

947-4152, e-mail: buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: Throughout this document, the terms 

“we,” “us,” and “our” refer to EPA. 

TABLE OF CONTENTS 
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19, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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I. Background 

II. EPA’s Response to Comments 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

CAA section 110(a)(1) requires each state to submit to EPA, 

within three years after the promulgation of a primary or 

secondary NAAQS or any revision thereof, an infrastructure SIP 

revision that provides for the implementation, maintenance, and 

enforcement of such NAAQS. Section 110(a)(2) sets the content 

requirements of such a plan, which generally relate to the 

information and authorities, compliance assurances, procedural 

requirements, and control measures that constitute the 

"infrastructure" of a state's air quality management program. 

These infrastructure SIP elements required by section 110(a)(2) 

are as follows:

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

measures. 

• Section 110(a)(2)(B): Ambient air quality monitoring/data 

system. 
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19, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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• Section 110(a)(2)(C): Program for enforcement of control 

measures and regulation of new and modified stationary 

sources. 

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

• Section 110(a)(2)(D)(ii): Interstate and international 

pollution abatement. 

• Section 110(a)(2)(E): Adequate resources and authority, 

conflict of interest, and oversight of local and regional 

government agencies. 

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

reporting. 

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

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

• Section 110(a)(2)(J): Consultation with government 

officials, public notification, PSD, and visibility

protection. 

• Section 110(a)(2)(K): Air quality modeling and submittal of 

modeling data. 

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

• Section 110(a)(2)(M): Consultation/participation by

affected local entities. 

Two elements identified in section 110(a)(2) are not 

governed by the three-year submittal deadline of section 
This document is a prepublication version signed by Acting EPA Regional Administrator Alexis Strauss on February 

19, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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110(a)(1) and are therefore not addressed in this action. These 

two elements are: (i) section 110(a)(2)(C) to the extent it 

refers to permit programs required under part D (nonattainment 

NSR), and (ii) section 110(a)(2)(I), pertaining to the 

nonattainment planning requirements of part D. As a result, this 

action does not address infrastructure for the nonattainment NSR 

portion of section 110(a)(2)(C) or the whole of section 

110(a)(2)(I). 

On November 12, 2008, the U.S. Environmental Protection 

Agency (EPA) issued a revised NAAQS for Pb.1 This action 

triggered a requirement for states to submit an infrastructure 

SIP to address the applicable requirements of section 110(a)(2) 

within three years of issuance of the revised NAAQS. On October 

14, 2011, EPA issued “Guidance on Section 110 Infrastructure 

SIPs for the 2008 Pb NAAQS”, referred to herein as EPA’s 2011 Pb 

Guidance.2 Depending on the timing of a given submittal, some

states relied on the earlier draft version of this guidance, 

referred to herein as EPA’s 2011 Draft Pb Guidance.3 EPA issued 

 

1 73 FR 66964 (November 12, 2008). The 1978 Pb standard (1.5 μg/m3 as a 

quarterly average) was modified to a rolling 3 month average not to be 

exceeded of 0.15 μg/m3. EPA also revised the secondary NAAQS to 0.15 μg/m3and 

made it identical to the revised primary standard. Id. 

2 See Memorandum from Stephen D. Page, Director, Office of Air Quality 

Planning and Standards, to Regional Air Division Directors, Regions 1-10 

(October 14, 2011). 

3 “DRAFT Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) 

for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS),” June 

17, 2011 version. 
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additional guidance on infrastructure SIPs on September 13, 

2013.4 

On March 27, 2008, EPA issued a revised NAAQS for 8-hour 

Ozone.5 This action triggered a requirement for states to submit 

an infrastructure SIP to address the applicable requirements of 

section 110(a)(2) within three years of issuance of the revised 

NAAQS. EPA did not, however, prepare guidance at this time for 

states in submitting I-SIP revisions for the 2008 Ozone NAAQS.6

On September 13, 2013, EPA issued “Guidance of Infrastructure 

State Implementation Plan (SIP) Elements under Clean Air Act 

Sections 110(a)(1) and 110(a)(2),” which provides advice on the 

development of infrastructure SIPs for the 2008 ozone NAAQS 

(among other pollutants) as well as infrastructure SIPs for new 

or revised NAAQS promulgated in the future.7 

The Arizona Department of Environmental Quality (ADEQ) has 

submitted several infrastructure SIP revisions pursuant to EPA’s 

 

4 See Memorandum dated September 13, 2013 from Stephen D. Page, Director, EPA 

Office of Air Quality Planning and Standards, to Regional Air Directors, EPA 

Regions 1-10, “Guidance on Infrastructure State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)” (referred to 

herein as “2013 Infrastructure SIP Guidance”). 

5 73 FR 16436 (March 27, 2008). 

6 Preparation of guidance for the 2008 Ozone NAAQS was postponed given EPA’s 

reconsideration of the standard. See 78 FR 34183 (June 6, 2013). 

7 See Memorandum dated September 13, 2013 from Stephen D. Page, Director, EPA 

Office of Air Quality Planning and Standards, to Regional Air Directors, EPA 

Regions 1-10, “Guidance on Infrastructure State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)” (referred to 

herein as “2013 Infrastructure SIP Guidance”). 
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19, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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promulgation of the NAAQS addressed by this proposed rule, 

including the following: 

• October 14, 2011 – “Arizona State Implementation Plan 

Revision under Clean Air Act Section 110(a)(1) and 

(2); 2008 Lead NAAQS,” to address all of the CAA 

section 110(a)(2) requirements, except for section 

110(a)(2)(G),8 for the 2008 Pb NAAQS (2011 Pb I-SIP 

Submittal). 

• December 27, 2012 - “Arizona State Implementation Plan 

Revision under Clean Air Act Section 110(a)(1) and 

(2); 2008 8-hour Ozone NAAQS,” to address all of the 

CAA section 110(a)(2) requirements for the 2008 8-hour 

Ozone NAAQS (2012 Ozone I-SIP Submittal). 

• December 6, 2013 - “Submittal of Maricopa County Rule 

100 revising the Maricopa County Portion of the 

Arizona State Implementation Plan for Section 

110(a)(2) Infrastructure” from Eric Massey, Director 

of ADEQ (2013 Maricopa County Submittal). Maricopa 

County Rule 100 was submitted to address a deficiency 

in section 110(a)(2)(E)(ii) of the SIP for Maricopa

 

8 In a separate rulemaking, EPA fully approved Arizona’s SIP to address the 

requirements regarding air pollution emergency episodes in CAA section 

110(a)(2)(G) for the 1997 8-hour ozone NAAQS. 77 FR 62452 (October 15, 

2012). Although ADEQ did not submit an analysis of Section 110(a)(2)(G) 

requirements, we discuss them in our TSD, which is in the docket for this 

rulemaking. 
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19, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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County concerning conflict of interest requirements

for hearing boards. 

• December 19, 2013 - “Submittal of Pima County Rules

revising the Pima County Portion of the Arizona State 

Implementation Plan for Section 110(a)(2) 

Infrastructure” from Eric Massey, Director of ADEQ 

(2013 Pima County Submittal). This submittal included 

Pima County Rule 17.04.190 “Composition,” adopted 

September 28, 1993; Pima County Rule 17.12.040 

“Reporting for Compliance Evaluations,” adopted 

September 28, 1993; and Pima County Rule 17.24.040 

“Reporting Requirements,” adopted April 19, 2005 for 

inclusion into the Arizona SIP. These rules were 

submitted to address deficiencies in section 

110(a)(2)(E)(ii) of the SIP concerning conflict of 

interest requirements for hearing boards and section 

110(a)(2)(F) of the SIP concerning stationary source 

monitoring and reporting. 

• September 4, 2014 – “Submittal of Pinal County Rule 1-

3-140 Revising the Pinal County Portion of the Arizona 

State Implementation Plan for Section 110(a)(2) 

Infrastructure” from Eric Massey, Director of ADEQ 

(2014 Pinal County Submittal). This submittal included 
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19, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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Pinal County Rule 1-3-140 “Definitions,” adopted July 

23, 2014 for inclusion into the Arizona SIP. Pinal 

County Rule 1-3-140 was submitted to address a 

deficiency in section 110(a)(2)(E)(ii) of the SIP for 

Pinal County concerning conflict of interest 

requirements for hearing boards. 

II. EPA’s Response to Comments 

The public comment period on EPA’s proposed rule opened on 

November 24, 2014, the date of its publication in the Federal 

Register at 79 FR 69796, and closed on December 24, 2014. During 

this period, EPA did not receive any comments. 

III. Final Action 

Under CAA section 110(k)(3) and based on the evaluation 

and rationale presented in the proposed rule, the technical 

support document and this final rule, EPA is approving the 2011 

Pb I-SIP Submittal, the 2012 Ozone I-SIP Submittal, the 2013 

Maricopa County Submittal, the 2013 Pima County Submittal and 

the 2014 Pinal County Submittal with respect to the following 

infrastructure SIP requirements: 

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

measures. 

• Section 110(a)(2)(B): Ambient air quality monitoring/data 

system. 
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19, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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• Section 110(a)(2)(E): Adequate resources and authority, 

conflict of interest, and oversight of local and regional 

government agencies. 

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

reporting. 

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

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

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

• Section 110(a)(2)(M): Consultation/participation by

affected local entities.

In addition, we are approving into the SIP certain 

regulatory provisions included in the 2013 Pima County and 

Maricopa County Submittals, and in the 2014 Pinal County 

Submittal, as discussed in the TSD.9 

We are not acting today on those elements of the 

infrastructure SIP that address the requirements of sections 

110(a)(2)(C), (D), (J) and (K) of the Act. On October 29, 2012, 

ADEQ submitted “New Source Review State Implementation Plan 

Submission” and on July 2, 2014 submitted “Supplemental 

Information to 2012 New Source Review State Implementation Plan 

Submission”. These submissions address the permitting portions 

 

9 Copies of these Arizona county regulations are included in the 2013 Pima 

County and Maricopa County Submittals, and 2014 Pinal County Submittal, which 

are available in the docket for this action and online at 

http://regulations.gov, docket number EPA-R09-OAR-2014-0258. 
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19, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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of I-SIP elements in sections 110(a)(2)(C), (D), (J) and (K) of 

the Act and will be addressed in a subsequent rulemaking. 

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

SIP revision that would interfere with any applicable 

requirement concerning attainment and reasonable further 

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

All of the elements of the infrastructure SIP that we are 

approving, as explained in the TSD, improve the SIP by replacing 

obsolete statutes or regulations and by updating the state and 

local agencies’ SIP implementation and enforcement authorities. 

We have determined that our approval of the elements discussed 

above complies with CAA section 110(l) because the SIP revision 

would not interfere with the on-going process for ensuring that 

requirements for RFP and attainment of the NAAQS are met, and 

the SIP revision clarifies and updates the SIP. Our TSD contains 

a more detailed discussion of our evaluation. 

IV. Incorporation by Reference 

In this rule, the EPA is proposing to include in a final 

EPA rule regulatory text that includes incorporation by 

reference. In accordance with requirements of 1 CFR 51.5, the 

EPA is proposing to incorporate by reference the Arizona 

Regulations described in the proposed amendments to 40 CFR part 

52 set forth below. The EPA has made, and will continue to 

make, these documents generally available electronically through 
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19, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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www.regulations.gov and/or in hard copy at the appropriate EPA 

office (see the ADDRESSES section of this preamble for more 

information). 

V. Statutory and Executive Order Reviews 

Under the Clean Air Act, the Administrator is required to 

approve a SIP submission that complies with the provisions of 

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

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

is to approve state choices, provided that they meet the 

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

proposes to approve state law as meeting Federal requirements 

and does not impose additional requirements beyond those imposed 

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

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

by the Office of Management and Budget under Executive 

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

• does not impose an information collection burden under the 

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

et seq.); 

• is certified as not having a significant economic impact on 

a substantial number of small entities under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.); 
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• does not contain any unfunded mandate or significantly or 

uniquely affect small governments, as described in the 

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

• does not have Federalism implications as specified in 

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

• is not an economically significant regulatory action based 

on health or safety risks subject to Executive Order 13045 

(62 FR 19885, April 23, 1997); 

• is not a significant regulatory action subject to Executive 

Order 13211 (66 FR 28355, May 22, 2001); 

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

National Technology Transfer and Advancement Act of 1995 

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

requirements would be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the discretionary authority to 

address, as appropriate, disproportionate human health or 

environmental effects, using practicable and legally 

permissible methods, under Executive Order 12898 (59 FR 

7629, February 16, 1994). 

 The SIP is not approved to apply on any Indian reservation 

land or in any other area where EPA or an Indian tribe has 

demonstrated that a tribe has jurisdiction. In those areas of 

Indian country, the rule does not have tribal implications and 
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19, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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will not impose substantial direct costs on tribal governments 

or preempt tribal law as specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, 

Incorporation by reference, Intergovernmental relations, Ozone, 

Lead, Reporting and recordkeeping requirements. 

Dated: February 19, 2015 __________/s/________________ 

Alexis Strauss, 

Acting Regional Administrator, 

Region IX.

 
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Part 52, Chapter I, Title 40 of the Code of Federal

Regulations is amended as follows: 

PART 52 - [AMENDED] 

1. The authority citation for Part 52 continues to read as 

follows: 

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

Subpart D – Arizona 

2. Section 52.120 is amended by adding paragraphs (c)(166), 

(c)(167), (c)(168), (c)(169) and (c)(170) to read as follows: 

Section 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(166) The following plan was submitted on October 14, 2011, by 

the Governor’s designee. 

(i) [Reserved] 

(ii) Additional materials. 

(A) Arizona Department of Environmental Quality. 

(1) Arizona State Implementation Plan Revision under Clean Air 

Act Section 110(a)(1) and (2); Implementation of the 2008 Lead 

National Ambient Air Quality Standards, excluding the 

appendices. 

(167) The following plan was submitted on December 27, 2012 by 

the Governor’s designee. 

(i) [Reserved]. 
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19, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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(ii) Additional materials. 

(A) Arizona Department of Environmental Quality. 

(1) Arizona State Implementation Plan Revision under Clean Air 

Act Section 110(a)(1) and (2); 2008 8-hour Ozone NAAQS, 

excluding the appendices. 

(168) The following plan was submitted on December 6, 2013 by 

the Governor’s designee. 

(i) Incorporation by reference. 

(A) Maricopa County Air Quality Department. 

 (1) Maricopa County Rule 100, section 108 (“Definitions: 

Hearing Board”), effective date September 25, 2013.

 

(169) The following plan was submitted on December 19, 2013 by 

the Governor’s designee. 

(i) Incorporation by reference. 

(A) Pima County Department of Environmental Quality. 

 (1) Pima County Rule 17.04.190 (“Composition”), effective on 

September 28, 2013; Pima County Rule 17.24.040 (“Reporting for 

Compliance Evaluations”), effective on September 28, 2013; and 

Pima County Rule 17.12.040 (“Reporting Requirements”), effective 

on April 19, 2005. 

(170) The following plan was submitted on September 4, 2014 by 

the Governor’s designee. 
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(i) Incorporation by reference. 

(A) Pinal County Air Quality Department. 

 (1) Pinal County Rule 1-3-140, section 74 (“Definitions: 

Hearing Board”), effective on July 23, 2014. 

* * * * * 

(4) Section 52.123 is amended by revising paragraphs (l), (m) 

and (n) and adding paragraphs [o] and [p] to read as follows: 

* * * * * 

Section 52.123 Approval status. 

* * * * * 

(l) 1997 8-hour ozone NAAQS: The SIPs submitted on October 14, 

2009 and August 24, 2012 are fully or partially disapproved for 

Clean Air Act (CAA) elements 110(a)(2)(C), (D)(ii), (J) and (K) 

for all portions of the Arizona SIP. 

(m) 1997 PM 2.5 NAAQS: The SIPs submitted on October 14, 2009 

and August 24, 2012 are fully or partially disapproved for Clean 

Air Act (CAA) elements 110(a)(2)(C), (D)(ii), (J) and (K) for 

all portions of the Arizona SIP. 

(n) 2006 PM 2.5 NAAQS: The SIPs submitted on October 14, 2009 

and August 24, 2012 are fully or partially disapproved for Clean 

Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II) (interfere with 

measures in any other state to prevent significant deterioration 

of air quality), (D)(ii), (J) and (K) for all portions of the 

Arizona SIP. 
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[o] 2008 8-hour ozone NAAQS: The SIPs submitted on October 14, 

2011, December 27, 2012, December 6, 2013, December 19, 2013 and 

September 4, 2014 are fully approved for Clean Air Act (CAA) 

elements 110(a)(2)(A), (B), (E), (F), (G), (H), (L) and (M) for 

all portions of the Arizona SIP. 

[p] 2008 Lead (Pb) NAAQS: The SIPs submitted on October 14, 

2011, December 27, 2012, December 6, 2013, December 19, 2013 and 

September 4, 2014 are fully approved for Clean Air Act (CAA) 

elements 110(a)(2)(A), (B), (E), (F), (G), (H), (L) and (M) for 

all portions of the Arizona SIP. 

* * * * *