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. JaredBlumenfeld, Regional Administrator U.S. EnvironmentalProtectionAgency, Region IX Mail CodeORA-l 75 Hawthorne Street SanFrancisco, 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
.5NAAQS, 1997 PM2
.5NAAQS and 1997 8-hourozoneNAAQS

DearMr. Blumenfeld:
Consistent with the provisions ofArizona 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 AirAct Sections 110(a)(1) and(2): Implementation of 2006PM2.5 NationalAmbientAirQualityStandards, 1997 PM2.5 NationalAmbientAir Quality Standards, and 1997 8-hour Ozone NationalAmbientAir Quality Standards as a revision to the Arizona State Implementation Plan (SIP). The initial revision was submittedon 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 orthe "infrastructure" ofits airquality managementprograms under CAA Section 110 (a)(2) including provisions for monitoring, emissions inventories, and modeling designed to assure attainmentand maintenance oftheNAAQS.
The SIP revision includes both existing statutes and rules. In orderto expedite approval, ADEQ requests approval ofthe plan by parallel processing ofthe SIP revision pursuantto 40 C.F.R. Part 51 AppendixV, §2.3.1. ADEQ anticipatesthat itwill schedule apublic hearing on the revision in July 2012, and hopes to submitthefinal SIP revisiontoEPAby late August2012.
The SIP revision consists of a document demonstrating that the requirements of 40 C.F.R. Part 51 AppendixV are satisfied, existing statutes beingproposed for inclusion in the SIP (AppendixA), existing ADEQ rules beingproposed for inclusion in the SIP (AppendixB), existing MaricopaCountyrules being proposed for inclusion in the SIP (Appendix C), existing Pima Countyrules beingproposed for inclusion

Southern Regional Office 400WestCongress Street· Suite433 • Tucson, AZ 85701 (520) 628-6733
Printedon recycledpaperMr. JarrodBlumenfeld Page 2 of2

in the SIP (AppendixD), and copies ofthe authorizing statutes cited above (AppendixE). A hard copy of the SIP and an electronic exactduplicate ofthehard copyonCD are included withthis letter.

Enclosures (2)

cc: BillWiley, MaricopaCountyAirQualityDepartment UrsulaKramer, PimaCountyDepartmentofEnvironmental Quality Don Gabrielson,Pinal CountyAir QualityDepartment ColleenMcKaughan, EPA Region IX Noah Smith, EPA Region IX

# Proposed Supplementtothe Arizona State Implementation Plan under Clean AirAct Section 110(a)(1) and (2): Implementation of
2006 PM2
.5 

## National AmbientAirQuality Standards,
1997 PM2

.5 

## National AmbientAirQuality Standards, and 1997 8-Hour Ozone National AmbientAirQuality Standards


# Parallel Processing Version

AirQuality Division June 2012(This PageIntentionallyLeftBlank)TABLE OF CONTENTS

TABLEOF CONTENTS

............................................................................i
LISTOFAPPENDICES

.........'.

.................................................................ii
1.0 INTRODUCTION

........................................................................... 1
2.0 CRITERIA ; .......................................................................... 1
3.0 REGULATORYBACKGROUND

.............................................................................3
4.0 SUMMARYANDDISCUSSION OFTHECURRENT SUPPLEMENTTOARIZONA'S "INFRASTRUCTURE'" SIP

...........................................................................4
5.0 ANALYSIS OF CLEANAIRACT SECTION 110(a)(2)AIRQUALITY CONTROLPROGRAMELEMENTS FORARIZONA

...............................................................21
5.1 CAA Section 110(a)(2)(A)

- ControlMeasures andEmission Limits

.............................22
5.2 CAA Section 110(a)(2)(B)

- AmbientAirQualityMonitoring

........................................22
5.3 CAA Section 110(a)(2)(C)

- EnforcementofControl Measures

......................................23
5.4 CAA Section 110(a)(2)(D)

- InterstateTransport

............................................................25
5.5 CAA Section 110(a)(2)(E)

- AdequateResources

............................................................25
5.6 CAA Section 110(a)(2)(F)

- Emissions Monitoringand Reporting

.................................29
5.7 CAA Section 110(a)(2)(G)

- EmergencyPowers

.............................................................30
5.8 CAA Section 110(a)(2)(H)

- Plan Revisions

....................................................................31
5.9 CAA Section 110(a)(2)(I)

- CAATitle 1, PartD Nonattainment AreaRequirements

.........................................................................31
5.10 CAA Section 110(a)(2)(J)-'- Consultationwith GovernmentOfficials, PublicNotification, PSD and VisibilityProtection

...........................................................31
5.11 CAA Section 110(a)(2)(K)

- AirQuality Modeling

..........................................................33
5.12 CAA Section 110(a)(2)(L)

- PermitFees

.........................................................................33
5.13 CAA Section 110(a)(2)(M)

- Consultation/PartiCipationby Affected Local Entities

.........................................................................34
6.0 CONCLUSION

......;
..................................................................35APPENDICES InitialReferencePage
A. Existing statutes proposedfor inclusion inthe SIP

.......................................................................... 1
B. ExistingADEQrulesproposedfor inclusion inthe SIP

................................................................ 10
C. ExistingMaricopaCountyrulesproposed for inclusion inthe SIP

............................................... 11
D. ExistingPimaCountyrulesproposedfor inclusion inthe SIP

...................................................... 11
E. Copies ofthe authorizing statutes

......................................................................... 11

ii1.0 INTRODUCTION
This supplement to the state implementation plan (SIP) provides the necessary documentation and authority required to demonstrate thatArizona State and local air quality management programs meetthe basicprogram elements requiredunder CleanAir Act (CAA) Sections 11O(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 ofthis supplementto the SIP under40 c.P.R. Part 51, AppendixV, § 2.3.i pending completion ofthe State's public notice and public hearing requirements. ADEQ will submit afinal version ofthis SIP revision whenpublicprocesshasbeencompleted.
Section 2.0 ofthis document addresses the criteria for an official SIP submission as setforth in 40 C.P.R. Part51, AppendixV.
2.0 CRITERIA

See coverletter.2.1 AdministrativeMaterials 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 submittedwith the final SIP submission. 2.1(c) Evidencethatthe Statehas the necessarylegal authority underState lawto adoptandimplementtheplan. ADEQ is authorizedto implement SIPs underArizona Revised Statutes sections 49-104, 49-106, 49-404, 49-406 and49-425, which are attached as AppendixE. 2.1(d) A copy oftheactual regulation, ordocumentsubmitted for approval and incorporation by reference into the plan, including indication of the changesmadetotheexisting approved plan,whereapplicable.
See Appendices A through D. Tables 4-1 through 4-11 also showthe statutes and rules being submitted for approval into the SIP. 2.1(e) Evidence that the State followed all ofthe procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuanceoftheplan.Notrequired forparallel processingversion ofSIP. See 40 C.F.R. Part 51, AppendixV, §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 publicationofsuch notice.
Notrequired forparallelprocessing version ofSIP. See 40 C.F.R. Part51, AppendixV, §2.3.1(d). 2.1(g) Certificationthatpublichearing(s) were held in accordancewith the information provided in the public notice and the State's laws and constitution, if applicable and consistent with the public hearing requirementsin 40 CFR51.102.
Notrequired for parallelprocessingversion ofSIP. See40 C.F.R. Part 51, AppendixV, §2.3.1(d). 2.1(h) CompilationofpubliccommentsandtheState'sresponsethereto.
Notrequiredforparallelprocessingversion ofSIP. See 40 C.F.R. Part51, AppendixV, §2.3.1(d).
2.2 TechnicalSupport

PM2.5 and ozone.

Not applicable.

Not applicable. 2.2(a) Identificationofall regulated pollutantsaffected bytheplan.

2.2(b) Identification ofthe locations ofaffected sources including the EPA attainment/nonattainment designation ofthe locations and the status ofthe attainmentplan fortheaffected areas(s).

2.2(c) Quantification ofthe changes in plan allowable emissions from the affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, quantification ofchanges in actual emissions from affected sources through calculations of the differences between certain baseline levels and allowable emissions anticipated as a resultofthe revision.

2.2(d) The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable furtherprogressdemonstration, andvisibility, as applicable, areprotectedif theplanis approved andimplemented (Section 110(1) demonstration).
Seebelow 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

2Notapplicable.

Notapplicable. adequacyofthemodelinganalysis.

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

2.2(g) Evidence that the plan contains emission limitations, work practice standards and recordkeeping/reporting requirements, where necessary, to ensureemissionlevels.
Seebelow sections S.I, S.2, S.3 and S.6. 2.2(h) Compliance/enforcement strategies, including how compliance will be determinedin practice.
Seebelow sections S.3 and S.S.

Noknown deviations. 2.2(i) Special economic and technological justifications required by any applicableEPApolicies, oranexplanation ofwhy suchjustifications arenot necessary.

3.0REGULATORYBACKGROUND
Clean Air Act Section 11O(a)(1) requires states to submit SIPs within three years following the promulgation ofnew orrevisedNAAQS to provide for implementation, maintenance, and enforcementof such standards. Each ofthese SIPs must address certain basic elements or the "infrastructure" ofits 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 designedto assure attainment andmaintenance oftheNAAQS.
InJuly 1997, the U.S. Environmental Protection Agency (EPA) issued newNational AmbientAirQuality 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 Justicethat obligatedEPAto determine whether stateshave madethe required SIP submissions.
The Consent Decree required EPA action on state SIPs addressing interstate transport ofair pollution, a required SIP component under Section 110(a)(2)(D)(i), by March IS, 200S. On April 2S, 200S, EPA published "Finding ofFailure To Submit Section 110 State Implementation Plans for Interstate Transport for the National Ambient Air Quality Standards for 8-Hour Ozone and PM 2.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 ofSection 110(a)(2)(D)(i) orto approve a SIP that addresses these requirements. In response to this action, ADEQ submitted Revision to the

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

3ArizonaStateImplementationPlan Under CleanAirActSection 110(a)(2)(D)(i)

- Regional Transporton May24, 2007. EPA approvedthe plan in aDirectFinal Rule onJuly 31, 2007 (72 FR41629).
The ConsentDecree also required EPAto 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 SIPElementsRequired UnderSection 110(a)(I) and(2)for the 1997 8-hour Ozone andPM 2
.5NationalAmbientAirQualityStandards, October2, 2007, to assist states as they develop SIPs or c.ertify that existing SIP elements are adequateto meettheir outstanding obligations (see AppendixA).

. EPA published "Completeness Findings for Section 110(a) State Implementation Plans for the 8-hour OzoneNAAQS" on March 27, 2008, which included a "finding offailure to submit" for Arizona (73 FR 16205). EPA's action started a 24-month deadline by which time EPA must promulgate a FIP to address Section 1l0(a)(l) and (2) requirements if the state fails to submit and obtain EPA approval of any necessary SIPrevision ordemonstrate existing stateprograms are sufficientto meettheserequirements.
Arizona submittedAnalysis of CleanAirActSection 110(a)(2)AirQuality ControlProgramElementsfor Arizona for the 1997PM2
.5NationalAmbientAir QualityStandards on September 18, 2008. The analysis demonstratedthat, withthe exception of 110(a)(2)(E)(i) and (ii)relatingto adequate funding and conflicts ofinterest, 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 ofpublic 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 ofthe 2006 PM2
.5 standards. Arizona submitted a SIP underthis 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 Athrough D ofthis supplement.
4.0 SUMMARY AND DISCUSSION OF THE SUPPLEMENT TO ARIZONA'S "INFRASTRUCTURESIP"
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
.5NAAQS and the requirements for the 1997 8- hourozone and PM2
.5NAAQS.

4The statutes andprograms described in Section 5.0 are adequateto meetthe following requirements ofthe CAA for the 2006 PM2
.5 NAAQS, the1997 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), ambientairquality monitoring, 110(a)(2)(C), enforcement of all SIP measures and new source review and prevention of significantdeterioration, 11O(a)(2)(D), interstate transport (this requirement for the 1997 8-hour ozone NAAQS has alreadybeenmet), 110(a)(2)(E)(i), adequate fundi,ng, 11O(a)(2)(E)(ii), conflictsofinterest, 11O(a)(2)(E)(iii), State responsibility for ensuring adequate implementation of plan provisions, 11O(a)(2)(F), emissionsmonitoringandreporting, 1IO(a)(2)(G) emergencyepisodes 1IO(a)(2)(H), planrevisions, IIO(a)(2)(I), PartD nonattainment areaplanrequirements, 110(a)(2)(J), consultation with government officials and public notification ofany exceedance of the airquality standards and preventionofsignificantdeterioration andvisibilityprotection, 110(a)(2)(K), airqualitymodeling, IlO(a)(2)(L), permitfees, and II0(a)(2)(M), consultation/participationbyaffected local officials.
Arizona's airqualityprograms are sufficientatthistime to assure attainment and maintenance ofthe 1997 8-hour ozone and PM2
.5 NAAQS and the 2006 PM2
.5NAAQS in all areas ofthe State. The purpose of this supplement to the SIP is to submit to EPA several ofthe applicable air quality sections ofArizona Revised Statutes, ADEQ rules, Maricopa County Rules, and Pima County Rules, which have been amended and renumbered since the most recent approval ofthe SIP. Some ofthe statutes were not included in the original SIP submission, but are being provided in this Supplement in order to give additional informationthatmayfurther satisfyrequirements underCAA section 1IO(a)(2).
In addition, a number ofair quality authorizing and implementing statutes have been added for Arizona programs, buthave not been submitted orapproved into the SIP prior to this supplement. Theseprogram improvement statutes, listed below, are included in this SIP supplement in Appendix A as Statutes to be approved intothe federally enforceableArizona State SIP.
28-1253. Registrationrequirement; exceptions; assessment; violation; classification, 35-313. Investmentoftrustandtreasury monies; loan ofsecurities, 38-101. Definitions, 38-501. Application ofarticle, 38-502. Definitions, 38-503. Conflictofinterest; exemptions; employmentprohibition, 38-504. Prohibited acts, 38-505. Additional income prohibited for services, 38-506. Remedies, 38-507. Opinions ofthe attorney general, county attorneys, city ortown attorneys and house and senate ethics committee, 38-508. Authority ofpublic officers and employeesto act, 38-509. Filingofdisclosures, 38-510. Penalties,

538-511. Cancellation ofpolitical subdivision and statecontracts; definition, 49-103. Departmvntemployees; legal counsel, 49-106. Statewide application ofrules, 49-107. Local delegation ofstate authority, 49-405. Attainmentareadesignations, 49-426.01. Permits; changeswithin a source; revisions, 49-435. Hearings on orders ofabatement, 49-441. Suspension andrevocation ofconditional order, 49-455. Permit administration fund, 49-460. Violations; production ofrecords, 49-461. Violations; orderofabatement, 49-462. Violations; injunctive relief, 49-464. Violation; classification; penalties; definition, 49-471. Definitions, 49-476.01. Monitoring, 49-480.01. Permits; changeswithin a source; revisions, 49-480.02. Appeals ofpermit actions, 49-490. Hearings on orders ofabatement, 49-495. Suspension andrevocation ofconditional order, 49-502. Violation; classification, 49-510. Violations; productionofrecords, 49-511. Violations; orderofabatement, 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 ofthese 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 ofthe October 14, 2009 "Infrastructure" SIP:

. 49-402 State and.countycontrol3

, 49-404 State implementationplan, and 49-406Nonattainmentareaplan 49-543. Emissions inspection costs; disposition; fleet inspection; certificates 49-544. Emissions inspection costs; disposition; fleet inspection; certificates 49-551. Airqualityfee; airqualityfund; purpose R9-3-215. AmbientAirQualityMonitoringMethods & Procedures R9-3-219. AirPollutionEmergencyEpisodes
Tables 4-1 through 4-11, provided below, show which statute orrule ADEQ is askingto be incorporated into the Arizona SIP, which sections ofthose statutes are relevant to which section ofthe CAA, and which Statuteorrule will be replaced inthe SIP. All Statutes andrules are listed in Section 5.0 undereach respective section ofthe 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 separateTitleV OperatingPermitProgram.

2Approval dates and Federal RegisterNotices are citedintables 4-1 through4-11.
3 Additionally, ADEQ would like to remove theold version ofARS § 49-402, § 36-1706 State and county control, which stillremains in the Arizona SIP. This action is reflected in Tables4-1 through 4-11

6

## Table4-1

CAA 110(a)(2)(A) ControlMeasures and Emission Limits ADEQProj!rams Statute/Rule RelevantSections §49-106 Statewideapplication ofrules §49-107 Local delegation of state authority §49-402 State and county control4 §49-404 State implementation plan5 §49-406Nonattainmentarea plan6 §49-421 Definitions §49-424Dutiesofdepartment §49-425 Rules; hearing

§49-426Permits; 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) CouutyPrograms §49-471 Definitions §49-473 Boardofsupervisors §49-479 Rules; hearing §49-480Permits;fees All sections except(D)(1), (G), (H)

4Approved into the Arizona SIP on 6/08/2000 (65 FR36353).
5Approved into the Arizona SIP on 6/08/2000 (65 FR36353)

.. 6Approved into the Arizona SIP on 6/08/2000 (65 FR36353).

7 SIP StatutelRuleReplaced

§ 36-1706 Stateandcounty control

§ 36-1701 Definitions § 36-1705 Dutiesofdepartment §36-1707Rules and Regulations; Hearing; Limitations § 36-1707.01 Permits; Exceptions; Applications; Fees

§36-0773 BoardofSupervisors §36-0779 Rules and regulations; hearing; limitations §36-0779.01 Permits; exceptions; applications; fees

## Table4-2
CAA 110(a)(2)(B) AmbientAir QualityMonitoring ADEQPrograms Statute/Rule Relevant Sections §49-404 Stateimplementation plan7 §49-406Nonattainmentarea (F)(11) plan8 §49-422 Powers and duties (A), (B), (C), (E), and (F) §49-424Dutiesofdepartment §49-432 Classificationand (B) reporting; confidentialityof records CountyPrograms §49-476.01 Monitoring §49-487 Classificationand (B) reporting; confidentialityof records

7Approved intothe Arizona SIP on 6/08/2000 (65 FR36353).
8Approved intothe Arizona SIPon 6/08/2000 (65 FR36353).

8 SIPStatute/RuleReplaced

§36-1702Powers §36-1705 Dutiesofdepartment §36-1708 Classificationand reporting; productionofrecords; confidentialityofrecords; violation; penalty

§36-0780 Classificationand reporting; productionofrecords; confidentialityofrecords; violation; penalty

## Table 4-3
CAA 110(a)(2)(C) EnforcementofControlMeasures ADEQPrograms Statute/Rule Relevant Sections §49-103 Departmentemployees; legalcounsel §49-106 Statewide application ofrules §49-107 Local delegation of stateauthority §49-402 Stateand county All sections but(A)(8) control9 §49-404 State implementation planto §49-406Nonattainmentarea (G)(1), (G)(2), and (G)(3) planll §49-422Powers and duties §49-424Dutiesof**de~artment** §49-425 Rules; hearing §49-426Permits; 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 Hearingson orders of abatement §49-441 Suspension and revocation ofconditional order §49-460 Violations; production ofrecords §49-461 Violations; orderof abatement §49-462Violations; injunctive relief §49-463 Violations; civil penalties §49-464Violation; classification; penalties; definition §49-501 Unlawful openburning;

9Approved intothe Arizona SIP on 6/08/2000 (65 FR 36353). 10Approved into the Arizona SIP on 6/08/2000 (65 FR36353).
11Approved into the Arizona SIP on 6/08/2000 (65 FR36353).

9 SIP Statute/RuleReplaced

§ 36-1706 Stateandcounty control

§ 36-1702Powers § 36-1705 Dutiesofdepartment § 36-1707 Rules andregulations; hearing; limitations § 36-1707.01 Permits; exceptions; applications; fees §36-1707.01 Permits; exceptions; applications; fees §36-1708.01 Special

§ 36-1720Misdemeanor; penalty

§ 36-0789 Unlawful openexceptions; civil penalty; burning; exceptions; violation; definition penalty CountyProerams §49-473 Boardofsupervisors §36-0773 Boardofsupervisors §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 onorders of abatement §49-495 Suspensionand revocation ofconditional order §49-501 Unlawfulopenburning; (D) §36-0789Unlawful open exceptions; civil penalty; burning; exceptions; violation; definition penalty §49-502Violation; classification (A), (B), and (C) §49-510Violations; production ofrecords §49-511 Violations; orderof abatement §49-512Violations; injunctive relief §49-513 Violations; civil § 36-0789.01 Misdemeanor; penalties penalty §49-514Violation; classification; definition

10

## Table4-4 eAA 110(a)(2)(E) AdequateResources eAA llO(a)(2)(E)(i)

ADEQPr02rams StatutelRule Relevant Sections § 28-1253. Registration requirement; exceptions; assessment; violation; classification §35-313. Investmentoftrust and treasurymonies; loans and securities §49-103 Departmentemployees; legal counsel §49-402 State and county control §49-406Nonattainmentarea 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 Permitadministration All sectionsexcept(B)(i) (C), fund (D) §49-501 Unlawful openburning; exceptions; civil penalty; definition §49-543. Emissions inspection (A) costs; disposition; fleet inspection; certificates §49-544Emissions inspection fund; composition; authorized expenditures; exemptions; investmene2 §49-551 Airqualityfee; air qualityfund; purpose\3 CountyPrograms §49-471 Definitions §49-476 Authorizationtoaccept funds orgrants §49-478. Hearingboard §49-479 Rules; hearing §49-480 Permits; fees All sectionsexcept(D)(1), (G), (H)

12Approved into the Arizona SIP on 1/22/2003 (68 FR2912). \3Approved into the Arizona SIP on 1122/2003 (68 FR2912).

11 SIP Statute/RuleReplaced

§36-1706 Stateandcounty control

§ 36-1707.01 Permits; exceptions; applications; fees

§36-0789Unlawfulopen burning; exceptions; violation; penalty

§36-0776Authorizationto acceptfunds orgrants § 36-0778Hearingboard § 36-0779Rules 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 ofpermit actions §49-482. Appealsto hearing board CAA llO(a)(2)(E)(ii) ADEQ and CounJyPrograms Statute/Rule Relevant Sections §38-101 Definitions §38-501 Application ofarticle §38-502Definitions §38-503 Conflictofinterest; exemptions; employment prohibition §38-504Prohibited acts § 38-505 Additional income prohibitedfor services §38-506Remedies §38-507 Opinionsofthe attorney general, county attorneys, cityortown attorneys

. andhouse and senate ethics committee § 38-508 Authority ofpublic officers andemployeesto act §38-509FilinE ofdisclosures §38-510Penalties §38-511 Cancellation ofpolitical 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 andcounty (A)(1)through (A)(7)), (B), (C), control14 §49-404 State implementation planl5 §49-406Nonattainmentarea (C), (D), (E), (I), (1), (K) planl6 §49-501 Unlawful openburning; (D) exceptions; civil penalty; definition

14Approved into the Arizona SIP on 6/08/2000 (65 FR36353).
ISApproved into the Arizona SIP on 6/08/2000 (65 FR36353).
16Approved into the Arizona SIP on 6/08/2000 (65 FR36353).

12 §36-0779.03 Appealsto hearing board

SIP Statute/RuleReclaced

SIP Statute/RuleReplaced

§36-1706 Stateandcounty control

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

## Table 4-5
CAA 110(a)(2)(F) EmissionMonitoringand Reporting ADEQPr«!grams Statute/Rule Relevant Sections SIP Statute/RuleReplaced §49-422 Powers and duties §36-1702Powers §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 Classificationand (A) and (B) §36-1708 Classificationand reporting; confidentialityof reporting; productionofrecords; records confidentialityofrecords; violation; penalty RI8-2-313. Existing Source R9-3-313. Existing source EmissionMonitoring emissionmonitoring RI8-2-327. Annual Emission InventoryQuestionnaire CountyPro2rams §49-476.01 Monitoring §49-480Permits; fees All sections except(D)(1), (G), §36-0779.01 Permits; (H) exceptions; applications; fees §49-487 Classificationand (A) and (B) §36-0780Classification and reporting; confidentialityof reporting; productionofrecords; records confidentialityofrecords; violation; penalty Maricopa CountyRules Rule 100. General Provisions and Section 500 Monitoringand Definitions Records Pima CountyRules 17.12.040. Reporting Rule 622. Reporting as a permit Requirements requirement 17.20.010. Source Sampling, monitoring, andtesting 17.24.040. Reportingfor complianceevaluations

13

## Table 4-6
CAA 110(a)(2)(G) EmergencyPowers ADEQ**Pro~rams** Statute/Rule Relevant Sections §49-462Violations; injunctive relief §49-464 Violation; classification; penalties; definition §49-465 Airpollution emergency R9-3-215. AmbientAirQuality MonitoringMethods & ProceduresI? R9-3-219. AirPollution Emergency_**E~isodes**18 AirQualityMonitoring ProceduresManual (Referenced inR9-3-215) CountyProerams· §49-512Violations; injunctive relief §49-514Violation; classification; definition Pima CountyRules 17.32.010. StateJurisdiction

17.32.020. Determination of emergencyconditions

17.32.030. Emergencyepisode reporting

17.32.040. Enforcementactions

I?Approved into the Arizona SIP on 10/19/1984 (49 FR41026).
18Approved intothe Arizona SIP on 9/28/1982 (47 FR42572).

14 SIP Statute/RuleReplaced

§36-1719Airpollution emergency

Chapter 8: EmergencyEpisodes AndPublicAwarenessRegulation 80: Emergency Episodes, Rule 801. State Jurisdiction Chapter 8: EmergencyEpisodes AndPublicAwareness

- Regulation 80: Emergency Episodes, Rule 802. Determination ofemergency conditions Chapter 8: EmergencyEpisodes AndPublicAwarenessRegulation 80: Emergency Episodes, Rule 803. Emergency Episode reporting Chapter 8: EmergencyEpisodes AndPublicAwareness

- Regulation 80: Emergency15 Episodes, Rule 804. Enforcement actions

## Table4-7
CAA 110(a)(2)(H)

Plan Revisions Statute/Rule Relevant Sections §49-404 State implementation plan19 §49-406Nonattainmentarea plan20

19Approved into the Arizona SIP on 6/08/2000 (65 FR36353).
20Approvedinto the Arizona SIP on 6/08/2000 (65 FR36353).

16 SIP Statute/RuleReplaced

## Table4-8
CAA 110(a)(2)(J) Consultationwith GovernmentOfficials,PublicNotification,PSDand Visibili!Y Protection ADEQPro2rams Statute/Rule Relevant Sections SIP Statute/RuleReplaced §49-405 Attainmentarea designations §49-406Nonattainmentarea plan21 §49-424 Dutiesofdepartment §36-1705 Dutiesofdepartment §49-425 Rules; hearing §36-1707Rules and regulations; hearing; limitations CountyPro2rams §49-473 Boardofsupervisors §36-0773 Boardofsupervisors §49-474 Countycontrol boards §36-0774 Countycontrolboards §49-479Rules; hearing §36-0779Rules and regulations; hearing; limitations

21 Approved into the Arizona SIPon 6/08/2000 (65 FR36353).

17

## Table 4
..9
CAA 110(a)(2)(K) Air QualityModeling ADEQPro2rams Statute/Rule Relevant Sections SIP Statute/RuleReplaced §49-406Nonattainmentarea (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 Dutiesofdepartment (2) §36-1705 Dutiesofdepartment CountyPro2rams §49-473 Boardofsupervisors §36-0773 Boardofsupervisors §49-474 Countycontrol boards §36-0774 Countycontrol boards

22Approved into the Arizona SIP on 6/08/2000 (65 FR36353).

18

## Table4-10
CAA 110(a)(2)(L) PermitFees ADEQPrograms Statute/Rule Relevant Sections SIP Statute/RuleReplaced §49-426 Permits; duties of (E) §36-1707.01 Permits; director; exceptions; exceptions; applications; fees applications; objections; fees CountyProerams §49-480 Permits; fees (D)(2) §36-0779.01 Permits; exceptions; applications; fees

19

## Table4-11
CAA 110(a)(2)(M) Co.nsuItation/Participation byAffected LocalEntities ADEQPrograms Statute/Rule Relevant Sections SIP Statute/RuleReplaced §49-405 Attainmentarea (B)(2)(6) designations §49-406Nonattainmentarea (C), (D), (E), (F) plan23 §49-424 Dutiesofdepartment (8), (10) §36-1705 Duties ofdepartment §49-425 Rules; hearing (B), (D) §36-1707Rules andregulations; hearing; limitations CountyPrograms §49-473 Boardofsupervisors §36-0773 Board ofsupervisors §49-474 Countycontrol boards §36-0774 Countycontrol boards §49-479 Rules; hearing §36-0779Rules andregulations; hearing; limitations

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

205.0 ANALYSIS OF CLEAN AIR ACT SECTION 1l0(a)(2) AIR QUALITY CONTROL PROGRAMELEMENTSFORARIZONA
ArizonaRevised 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 ofEnvironmental Quality has primary responsibility for air pollution control and abatement, and as such, is required to "maintain a state implementation plan that provides for implementation, maintenance and enforcement ofnational ambient air quality standards and protection of visibility as required by the clean air act" (ARS §49-404). ADEQ is also responsible for coordinating, along with local officials, the development, adoption, and enforcement ofcontrol measures and permits where no local air quality control agencyexists. In addition, ADEQ has originaljurisdiction in all areas ofthe State for certain stationary and portable, and all mobile sources, including petroleum refineries, coal fired electrical generating stations, and the motor vehicle emissions inspection program (ARS §49- 402). Except for the sources noted above, the county agencies have original jurisdiction for the issuance, administration, and enforcement ofpermits (ARS §49-402). The State may, however, assertjurisdiction wherethe local agency is unableto 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 abatementofairpollution (ARS Title49, Chapter3,Article 3).
Two metropolitan planning organizations, the Maricopa Association of Governments (MAG) and the Pima Association of Governments (PAG), are certified for the development of nonattainment and maintenance area'plans within theirrespectivejurisdictions (ARS §49-406). MAG and PAG submittheir plansto ADEQ for adoption and inclusion inthe state implementationplanpursuanttoARS §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 adequateto ensure attainment and maintenance ofthe particulate matter and ozoneNAAQS.

215.1 CAA Section 110(a)(2)(A)

- ControlMeasuresandEmissionLimits
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 oftheCAA.
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 ofcompliance with CAA Section 110(a)(2)(A) includes the necessary authority for State and local airquality management programs to adopt and implement control measures and plans to assure attainment and maintenance ofthePM2
.5and 8-hourozone airquality standards in all areas ofArizona.

Relevant sections ofArizonaRevised Statutes:
ForADEQ Programs: 49-106. Statewideapplication ofrules 49-107. Local delegation ofstate authority 49-402. Stateand countycontrol 49-404. State implementation plan 49-406. Nonattainment areaplan 49-421. Definitions 49-424. Duties ofdepartment 49-425. Rules; hearing 49-426. Permits; duties ofdirector; exceptions; applications; objections; fees (All sections except (E)(l), (1)(1)through (1)(5), (J), (M), (N»
ForCountyPrograms: 49-471. Definitions 49-473. Boardofsupervisors 49-479. Rules; hearing 49-480. Permits; fees (All sections except(D)(1), (G), and (H»

5.2 CAASection 110(a)(2)(B)

- AmbientAirQualityMonitoring
Section 110(a)(2)(B) requires SIPs to include provisions for establishment and operation ofambient air quality monitors, to compile and analyze ambient air quality data, and make these data available to EPA upon request.

.Arizona maintains an extensive monitoring network operated by State and county agencies designed to collect, compile, and analyze ambient air quality data in attainment and nonattainment areas ofthe State. Operating agencies track data recovery, quality control and quality assurance parameters for all instruments operated at various network sites. Criteria pollutant concentrations, such as PM and ozone, are measured with instruments meeting EPA certification as Federal Reference or Equivalent Methods. All data collected within the PM and ozone compliance networks are compared to the NAAQS, statisticallyanalyzed fortrends, and recorded quarterly in EPA'sAirQuality System.
Per Code of Federal Regulations (CFR), Title 40, Part 58 the State and county agencies (ADEQ, MCAQD, PDEQ, and PCAQCD) annually submit to EPA network monitoring plans. These plans identify the purpose ofeach monitor and provide evidence that both the siting and the operation ofeach

22monitormeets the network design, quality assurance, and otherfederal requirements of40 CFRPart 58.

Relevant sections ofArizonaRevised Statutes:
ForADEQPrograms: 49-404. Stateimplementation plan 49-406(F)(II).Nonattainment areaplan 49-422(A, )(B), (C), (E), (F). Powers and duties; definition 49-424. Dutiesofdepartment 49-432(B). Classificationand reporting; confidentialityofrecords
ForCountyPrograms: 49-473. Boardofsupervisors 49-487(B). Classificationand reporting; confidentialityofrecords

5.3 CAA Section llO(a)(2)(C)

- EnforcementofControlMeasures
Section 110 (a)(2)(C) requires states to include a program providing for enforcement ofall SIP measures andthe regulation ofconstruction ofnew ormodified stationary sourcesto meet prevention'ofsignificant deterioration (PSD) and nonattainmentnew sourcereview (NSR)permittingrequirements.
Arizona State and local agencies implement control and enforcement programs for permitted sources of air contaminants and those sources that are not regulated through permits programs (open uncontrolled bums, construction, vacant land, etc.). As part of the SIP enforcement program, ADEQ and local agencies track all committed SIP control measures and work with the entities responsible for those measures to provide any needed assistance and ensure timely implementation. Arizona Revised Statutes §49-406 provides additional assurance that PM and ozone nonattainment and maintenance measures will be implemented and enforced. Each agency that commits to implement any emission limitation or other control measure contained in the SIP is required to specify, in aresolution adopted by the governingbody ofthe agency, its authorityfor implementingthe measure and aprogramfor enforcementofthe limitation ormeasure. Ifany agency orentity fails to implement a committed measure, the county is authorized to file an action in superiorcourt for injunction or any otherreliefprovided by law. Similarly, ifthe county fails to ensure implementation ofmeasures, the ADEQ Directoris authorized, through the State Attorney General,to seekreliefprovidedbylawto ensure implementationofall 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, oroperating any equipment orprocess which may cause air pollution. This includes equipment designed to reduce air pollution. Permits are also required ifan existing facility that causes air pollution transfers ownership, relocates, orotherwise changes operations. ADEQ and county permitting agencies operate air quality permit compliance programs to ensure implementation ofemission limits and other controlmeasures 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 ofthe airqualityprovisions ofthe law.

23Per 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,'Chapter2, Articles 2 and 4 orrelevantcountyrules. All newmajor
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 ofthe 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 thattheNew Source Review SIP revisionto bringthe State ofArizona's SIP for areas underthejurisdictionofADEQ into compliancewiththeNSRrequirements of section 1l0(a)(2)(C) and 40 C.F.R. Part 51, Subpart I, with the exception ofthe requirements pertaining togreenhousegases (GHGs).

Relevant sections ofArizonaRevised Statutes:
ForADEQ Programs: 49-103. Departmentemployees; legal counsel 49-106. Statewide application ofrules 49-107. Local delegation ofstateauthority 49-402. Stateand countycontrol (All sections, but(A)(8)) 49-404. Stateimplementationplan 49-406(G)(1)through (G)(3). Nonattainmentareaplan 49-422. Powers and duties; definition 49-424. Duties ofdepartment 49-425. Rules; hearing 49-426. Permits; duties ofdirector; exceptions; applications; objections; fees (All sections except (E)(1), (1)(1) through (1)(5), (J), (M), (N)) 49-426.01(B), (C). Permits; changeswithin a source; revisions 49-433. Specialinspectionwarrant 49-435. Hearings on ordersofabatement 49-441. Suspensionand revocation ofconditional order 49-460. Violations; productionofrecords 49-461. Violations; orderofabatement 49-462. Violations; injunctiverelief 49-463. Violations; civil penalties 49-464. Violation; classification; penalties; definition 49-501. Unlawful open burning; exceptions; civilpenalty; definition
ForCountyPrograms: 49-473. Board ofsupervisors 49-480. Permits; fees (All sectionsexcept(0)(1), (G) and (H)) 49-480.01(B), (C). Permits; changes within a source; revisions 49-488. Special inspectionwarrant 49-490. Hearings on orders ofabatement 49-495. Suspension andrevocation ofconditional order 49-501(0). Unlawful openburning; exceptions; civil penalty; definition 49-502(A), (B), (C). Violation; classification 49-510. Violations; productionofrecords 49-511. Violations; orderofabatement 49-512. Violations; injunctiverelief

2449-513. Violations; civil penalties 49-514. Violation; classification; definition

5.4 CAA Section 110(a)(2)(D)

- InterstateTransport
Section 110 (a)(2)(D)(i) requires adequate provisionsto ensure that any source orotheremissions activity within the state does not contribute significantly to nonattainment, or interfere with maintenance, ofthe NAAQS in any other state, or interfere with any other state's required applicable implementation plan to prevent significantdeterioration ofairquality orto protectvisibility. 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 ofpollutants that impact nonattainment in, orinterfere with maintenance by, any other state with respectto the 1997 8-hourozone and PM2
. 5 airquality standards. Theplan also demonstratesthatArizonameets the required prevention of significant deterioration ofair quality and protection ofvisibility provisions ofthe law. EPA approved the plan in aDirectFinal Rule onJuly31, 2007 (72 FR41629).
An analysis of "interstate transport" under CAA Section 110(a)(2)(D)(i) for the 2006 PM2.5air quality standards in Appendix B ofthe 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 respectto the 2006 PM2

. 5 NAAQS. The analysis also demonstrated that Arizona meets the required prevention ofsignificant deterioration ofair quality and protection ofvisibilityprovisions ofthelaw.
As stated above in Section 5.3, sincethe submittal ofthe October 14,2009revision tothe "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 ofArizona's SIP for areas underthejurisdictionofADEQ into compliancewiththeNSRrequirements ofsection llO(a)(2)(C) and 40 C.F.R. Part 51, Subpart I, with the exception ofthe requirements pertaining to greenhouse gases (GHGS).24

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

- AdequateResources 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 ofinterest 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 ofanyplan provision the state has responsibility for ensuring adequate implementation of such plan provision.
CAA Section llO(a)(2)(E)(i)
The purpose ofSection llO(a)(2)(E) ofthe SIP is to provide the necessary assurances that the State of

24 SeeNSRSIPRevision submittal atADEQ'sWebsite, http://www.azdeq.gov/environJair/planJdownloadlsip

_nSf.pdf(AccessedMay31, 2012).

25Arizona, 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) ofthe Federal Clean AirAct (CAA), as amended in 1990, and the applicable SIP regulations in 40 CFRpart 51 ("Requirementsfor Preparation, Adoption, and Submittal ofImplementation Plans").
CAA section 110(a)(2)(E)(i)requires SIPstoprovide:

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) lawto carryoutsuch implementationplan

.... Thefederal regulations intitle 40, part 51, subpart0 ofthe Code ofFederal Regulations (40 CFR part 51, subpart 0) ("Miscellaneous Plan Content Requirements") include requirements for SIPs pertainingto funding andpersonnel. Specifically,40 CFR51.280 ("Resources")requires:
Eachplan must include a description ofthe resources available to the State and local agencies at the date ofsubmission ofthe plan and ofany additional resources needed to carry out the plan duringthe 5-yearperiod following its submission. The descriptionmust include projections ofthe extentto whichresources will beacquired at 1-, 3-, and 5-yearintervals.

In the State ofArizona, ADEQ is the primary organizationresponsible for developing, implementing, and enforcingthe SIP.
Under ARS § 49-103 "Department employees; legal counsel" the director, "shall employ, determine the conditions ofemployment and specify the duties ofadministrative, 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 asthe departmentrequires

...The attorney general shall prosecute and defend in the name ofthis state all actions necessaryto carry outthe provisions" ofTitle 49, relating totheenvironment. Funding to staffto administerthe Arizona air quality control programs consists offees that are collected from regulated emissions sources, includingfees collectedto administerpermittingprograms. UnderARS §49-455 "Permit administration fund", a permit administration fund is established consisting offees and interest collected pursuantto article 2 governing state air pollution control. Underthe statute, the director shall administerthe fund subjectto annual legislative appropriation. Onnotice from the director, the state treasurershall invest anddivestmonies inthe fund as provided in ARS § 35-313, and moniesearnedfrom investment shall becreditedtothefund.
There is also an emissions inspection fund (seeARS §49-544)thatconsists ofmonies appropriatedto 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 ofinspection certificates to owners offleet emissions inspection stations; monies received from private grants or donations when so designated by the grantor ordonor; and monies received from the United States by grant or otherwise to assistthe state in anyemissions inspectionprogram.
A third source offunding in Arizona is the Air Quality Fund. Under ARS § 49-551 "Airquality fee; air quality fund; purpose" every person who is required to register a motor vehicle in the state pursuant to ARS §28-2153 shallpay, in additiontotheregistration fee, an annual air qualityfee atthetime ofvehicle 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

26purpose ofbringing area A or area B into or maintaining attainment status, improving air quality in areas outside area A and B, and reducing emissions ofvarious pollutants including particulate matter, carbon monoxide, oxides ofnitrogen, volatile organic compounds and hazardous air pollutants throughout the state. The funds are also used to monitor visible air pollution and reduce emissions ofpollutants that contributeto visible air pollution in counties with apopulation offour hundredthousandpersons ormore. 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 airpollution control agencies to defray a portion ofthe costs associated with implementation ofprograms for the prevention and control ofair pollution and achievement ofthe national ambient air quality standards. To qualifY for such grants in a given year, airpollution control agencies mustat leastmaintainthe same level offunding from non-Federal funds for air pollution control programs as for the precedingyear. See CAA section 105(c).
ForMaricopa, Pima, and Pinal Counties, ARS §49-107 "Local delegation ofstate 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 ifthe local agency accepts the delegation and agrees to perform the delegated functions, powers and duties according to the standards ofperformance 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 ofperformance." These delegation and funding mechanisms help ensurethatthe counties will have adequatepersonnel and funding to implement the delegated portions ofthe SIP.
The scope ofcounty 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 ofobtaining permits will be approximately equal or be less than the fee or cost ofobtaining 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

..Othercounty airquality programs are funded by county fee programs and other sources. In Arizona,the Metropolitan PlanningOrganizations (MPOs) certifiedto 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 Pimacounties and for plans forthe restofthe State. UnderARS § 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 ofpermits at the county level is outlined in ARS §§ 49-480, 49-480.01, and49-480.02.
UnderARS §49-476 "[t]hedepartment ofenvironmental quality, countyhealth departments, or boards of supervisors may accept and expend in accordance with the terms ofthe grant any funds granted to it for research ofair pollution by the federal government, any political subdivision ofthe state, any agency or branch ofthe federal orstate governments, oranyprivate agency." ADEQ, MCAQCD, and PDEQ have been administering, implementing, and enforcing air programs designedto meetthe CAA's SIP requirements for over40 years., and the funding and personnel described above for each ofthe three agencies is adequate to meet the needs ofthese programs. Over the next five

27years, 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 ofthe agencies for air pollution control purposes overthatperiod.

Relevant sections ofArizonaRevised Statutes:
For StatePrograms: 28-2153. Registration requirement; exceptions; assessment; violation; classification 35-313. Investmentoftrustandtreasurymonies; loan ofsecurities 49-103. Departmentemployees; legal counsel 49-402. State and countycontrol 49-406. Nonattainment areaplan 49-426. Permits; duties ofdirector; exceptions; applications; objections; fees (All sections except (E)(1), (1)(1) through (1)(5), (J), (M), (N» 49-455(A) and (B)(2). Permit administrationfund 49-462. Violations; injunctive relief 49-463. Violations; civilpenalties 49-464. Violation; classification; penalties; definition 49-465. Airpollutionemergency 49-501(D). Unlawful openburning; exceptions; civil penalty; definition 49-543(A). Emissions inspection costs; disposition; fleet inspection; certificates 49-544. Emissions inspection fund; composition; authorizedexpenditures; exemptions; investment 49-551. Airqualityfee; airquality fund; purpose
ForCountyPrograms: 49-476. Authorizationto acceptfunds orgrants 49-479. Rules; hearing 49-478. Hearingboard 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 ofpermit actions 49-482. Appealsto hearingboard

CAA Section 110(a)(2)(E)(ii)
Thepurpose of110 (a)(2)(E)(ii) is to providenecessary assurancesthatany board which approves permits orenforcement orders represents the public interest and any conflict ofinterest by board members or an executive agencyheadbe adequatelydisclosed
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 ofincorporated cities ortowns, of political subdivisions and of the state and any of its departments, commissions, agencies, bodies or boards," contains provisions for adequate disclosure ofany conflict ofinterest. In the October 14, 2009 revision to the SIP, ADEQ submitted ARS Title 38, Chapter 3, Article 8, Conflict ofInterest ofOfficers and Employees, in order to meet the conflict of interest requirements under Section 11O(a)(2)(E)(ii). ADEQ commitsto sendingthe certifiedcopiesofthose statuteswith the final submission.

Relevant sections ofArizonaRevised Statutes:

28For State and CountyPrograms: 38-101 Definitions Title 38, Chapter3, Article 8, ConflictoflnterestofOfficers andEmployees

CAA Section 110(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 ofany plan provision the state has responsibility for ensuring adequate implementation ofsuch plan provision. Arizona Revised Statutes grant ADEQ primary regulatory authority for air pollution control and abatement in Arizona as well as responsibilityfor ensuring adequate implementationofSIP provisions.

Relevant sections ofArizonaRevised Statutes:
49-107. Local delegation ofstate authority 49-402(A)(1)through (A)(7), (B), and (C). State and countycontrol 49-404. Stateimplementationplan 49-406(C), (D), (E), (I), (J), (K). Nonattainmentareaplan 49-501(D). Unlawful openburning; exceptions; civil penalty; definition, section (D)

5.6CAASection llO(a)(2)(F)

- EmissionsMonitoringandReporting
Section 110 (a)(2)(F) requires provision for emissions monitoring by owners or operators ofstationary sources and periodic reports onthe nature and amounts ofemissions as well as correlation ofsuch reports bythe state agencywith anyemission limitations or standards.
Arizona Revised Statutes provide authorityto require any sources ofair contaminantsto monitor, sample or perform other studies to quantify emissions ofair contaminants or levels ofair pollution that may be reasonablyattributabletothat source.

Relevant sections ofArizonaRevised Statutes:
ForADEQ Programs: Statutes: 49-422. Powers and duties; definition 49-426: Permits; duties ofdirector; exceptions; applications; objections; fees (All sections except (E)(1), (1)(1) through (1)(5), (J), (M), (N» 49-432(A), (B). Classification andreporting; confidentialityofrecords
Rules: RI8-2-313. Existing SourceEmission Monitoring RI8-2-327. Annual Emission Inventory Questionnaire
ForCountyPrograms: Statutes: 49-476.01. Monitoring

2949-480. Permits; fees (All sections except (D)(l), (G) and (H» 49-487(A), (B). Classification and reporting; confidentialityofrecords MaricopaCountyRules: Rule 100. GeneralProvisions and Definitions, section 500 Monitoring and Records
PimaCountyRules: 17.12.040.ReportingRequirements 17.20.010. Source sampling, monitoring, and testing 17.24.040. Reporting for compliance evaluations

2.7

### eAA Section llO(a)(2)(G)

- EmergencyPowers
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 intheir SIPs.
Arizona Revised Statutes §49-465 authorizes State actions to alleviate or prevent an emergency health risk to the public due to air pollution or likely exceedance ofthe NAAQS. The Governor "may, by proclamation, declare that an emergency exists and may prohibit, restrict, or condition" any and all activity that contributes to the emergency. Arizona Administrative Code RI8-2-220, "Air Pollution Emergency Episodes" (approved into the SIP as AAC R9-3-219 at 47 FR 42572; September 28, 1982), prescribes the procedures the ADEQ Director shall implement in order to prevent the occurrence of ambient air pollution concentrations which would cause significant harm to public health. Procedures include governmental and public notification ofthe nature ofthe episode and, at the directive ofthe Governor's office, possible curtailment ofindustrial and commercial activities. ADEQ is submitting with this supplement, the AirQualityMonitoringProcedures Manual referenced in R9-3-215, which as already been approved intothe Arizona SIP on October 19, 1984 at49 FR41026.
Similar provisions for determining air pollution emergency episodes, advisory procedures, and control actions are contained in Maricopa, Pima, and Pinal County code (Maricopa CountyAirPollution 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, Chapter2. AmbientAirQuality Standards, Article 7. AirPollutionEmergencyEpisodes26),
Relevant sections ofArizonaRevised Statutes:
ForADEQ Programs: Statutes: 49-462. Violations; injunctiverelief 49-464. Violation; classification; penalties; definition 49-465. Airpollution emergency
Rules: R9-3-215. AmbientAirQuality MonitoringMethods & Procedures R9-3-219. AirPollutionEmergencyEpisodes

25 Maricopa County Rule 600 was adopted 7/1311988 and approved by EPA into the SIP 311811999 in 64 FR 13351.
26Pinal County Rules were adopted 6/2911993 and approvedbyEPA into the SIP on 12/20/2000 in 65 FR79742.

30AirQualityMonitoringProceduresManual (submittedto supplementalready approvedrule R9-3-215).
ForCountyPrograms: 49-512. Violations; injunctiverelief 49-514. Violation; classification; definition
PimaCountyRules: 17.32.010. Statejurisdiction 17.32.020. Determination ofemergencyconditions 17.32.030. Emergencyepisode reporting. 17.32.040. Enforcementactions
5.8 CAA Section 110(a)(2)(H)

- PlanRevisions
Section 1l0(a)(2)(H) requires states to have authority to revise their SIPs in response to changes in the NAAQS or availability ofimproved methods for attainingthe NAAQS. This Section also requires states to provide for plan revisions to ensure the adequacy ofthe plan to attain the air quality standards or to otherwise complywith anyadditionalrequirements establishedunderthe CleanAirAct.
Arizona Revised Statutes contain authority to revise the Arizona SIP to comply with the requirements of the CAA including changes in the NAAQS. UnderARS §49-404, ADEQ is required to "maintain a state implementation plan that provides for implementation, maintenance and enforcement ofnational ambient airquality standards and protectionofvisibility asrequired bythe clean airact."

Relevant sections ofArizonaRevised Statutes:
49-404. Stateimplementationplan 49-406. Nonattainmentareaplan

5.9 CAA Section 110(a)(2)(I)

- CAATitle 1,PartDNonattainmentAreaRequirements
Section llO(a)(2)(I) requires nonattainment area plans to meet the applicable requirements ofCAA Title 1, PartDrelatingto nonattainmentareas.
EPA's October 2, 2007, guidance (see Appendix A) notes that "the specific nonattainment area plan requirements ofsection 110(a)(2)(I) are subject to the timing requirement ofsection 172, not the timing requirement ofsection 110(a)(1), and also that SIPs to meet this section are not covered by the Consent Decree." Although the guidance is intended for the 1997 PM2
.5 and 8-hour ozoneNAAQS, requirements forthe2006 PM2.5NAAQS under Section 110(a)(2)(I) arethe same.

5.10 CAA Section 110(a)(2)(J)

- Consultation with Government Officials, Public Notification, PSD andVisibilityProtection
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 ifNAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances per Section 127 relating to public notification, and (3) meet applicable requirements of Part C related to prevention of significant

31deterioration ofairqualityand visibilityprotection.
Arizonaagencies maintain appropriate consultationprocedureswith local governments, CAA Section 174 and metropolitan planning agencies, and federal land managers regarding implementation of CAA requirements. ARS §49-406 requires the State, the metropolitan planning agency on behalfofaffected local governments, county agencies, andthe DepartmentofTransportationto enterinto a memorandum of agreement for the purpose of coordinating the development, implementation, and enforcement of nonattainment and maintenance plans. Additionally, opportunity for comment is provided through stakeholder meetings and public hearings held to solicit.testimony from the public as well as federal and local airqualityplanning agenciespriorto adoption ofanyrevision to theArizona SIP.

Relevant sections ofArizonaRevised Statutes:
ForADEQPrograms: 49-405. Attainmentareadesignations 49-406. Nonattainmentareaplan 49-424. Duties ofdepartment 49-425. Rules; hearing
ForCountyPrograms: 49-473. Boardofsupervisors 49-474. Countycontrol boards 49-479. Rules; hearing

CAA Section 127 requires measures to notify the public ofinstances or areas in which any air quality standard is exceeded during the precedingcalendaryear, to advise the public ofhealth hazards associated with air pollution, and to enhance public awareness of**measure~** that can be taken to improve air quality. The results ofair 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 thepreceding day, are made availableto the public daily. The annual reports, daily forecasts, and other airquality information includingtips for reducingpollution are available on the ADEQ Web site. ADEQ, and those counties with authority to implement portions ofthe SIP (Maricopa, Pinal, and Pima counties), certifyto do now and will continue to notify the public on a regularbasis ofinstances or areas in which any primary NAAQS was exceeded, consistentwith the requirements ofsections 11O(a)(2)(J) and 127 ofthe Federal Clean AirAct. Such notifications are and will be available on the state and county airquality websites, which are updated daily to identify exceedances ofthe NAAQS that occurred during the previous day or any portion ofthe preceding calendar year. We commit to continue, through these websites, to advise the public ofthe health hazards associated with such exceedances and to increase public awareness of: (1) measures which can betaken to preventaprimary standard from beingexceeded, and (2) ways in whichthe public canparticipate in regulatory and othereffortsto improve airquality.
Relevant sections ofArizonaRevised Statutes:
49-424. Duties ofdepartment

Clean Air Act, Title 1, Part C includes provisions relating to prevention ofsignificant deterioration ofair

32quality and visibilityprotection. PSDprovisions are discussed in Section 5.3 above.
Arizona's visibility protection program is designed to analyze the causes ofvisibility impairment and to develop and implement control strategies as required. Requirements include analysis ofemissions from new major sources or sources making major modifications and anticipated impacts on visibility at any Class I area. Arizona submitted a Regional Haze SIP under 40 CFR 51.309 in December 2003, and a 2004 revision for its four Class Iareas onthe Colorado Plateau. ADEQ submitted a SIP developed under 40 CFR51.308 on February 28,2011. 5;11 CAASection 110(a)(2)(K)

- AirQualityModeling
Section 11O(a)(2)(K) requires that SIPs provide for performing air quality modeling for predicting the effectofemissionson ambient airquality andto submitdatarelated tothemodelingto EPAuponrequest.
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 oftheNAAQS meetEPA's mostrecentguidance on airquality models. All information and dataaremade availabletoEPA as required.

RelevantsectionsofArizonaRevised Statutes:
ForADEQPrograms: 49-406(A), (E), (F)(8), (F)(9). Nonattainmentareaplan 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 ofdepartment
ForCountyPrograms: 49-473. Boardofsupervisors 49-474. Countycontrol boards

5.12 CAASection 110(a)(2)(L)

- PermitFees
Section 11O(a)(2)(L) requires SIPs to require the owner or operator ofa major stationary source to pay fees to the permitting authority to coverthe cost ofreviewing, approving, implementing and enforcing a permit.
Arizona permitting agencies are responsible for assessing fees sufficient to recover the costs of administering the permitting program. Assessments include fees for permit actions, administrative and emission based fees for Title V sources, inspection fees for non-Title V sources, and fees for general permits.

Relevant sections ofArizonaRevised Statutes:
ForADEQPrograms: 49-426(E). Permits; duties ofdirector; exceptions; applications; objections; fees
ForCountyPrograms: 49-480(D)(2). Permits; fees

335.13 CAASection 110(a)(2)(M)

- ConsultationlParticipationbyAffected LocalEntities
Section IIO(a)(2)(M) requires states to provide for consultation and participation in SIP development by localpolitical subdivisions affectedbytheplan.
Arizona airquality agencies consultwith 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 andpublic hearings conductedto solicittestimony from the public, local planning agencies, and otherlocal politicalentitiespriorto adoption ofany planrevisions.

Relevant sections ofArizonaRevised Statutes:
ForAOEQPrograms: 49-405(B)(2)(6). Attainment areadesignations 49-406(C), (0),(E), (F). Nonattainmentareaplan 49-424(8), (10). Duties ofdepartment 49-425(B), (D). Rules; hearing
ForCountyPrograms: 49-473. Board ofsupervisors 49-474. Countycontrol boards 49-479. Rules; hearing

346.0 CONCLUSION
This supplement to the Arizona SIP demonstrates that the existing authorities and infrastructure of Arizona State and local air quality managementprograms, 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
.5NAAQS, the 1997 8-hour ozone NAAQS, and the 1997 PM2.5 NAAQS

35

### AppendixA



### Statutesto be incorporatedintotheSIP28-2153. 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 motorvehicle, 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 ofwhich 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 semitrailerthat is: 

### 1. Owned by a nonresident and that is primarily underthe control of a resident of this state for more than seven months unless the motorvehicle, 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 motorvehicle, 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 ofa 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 motorvehicle 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 golfcart used in the operation of a golfcourse or only incidentally operated or moved on a highway. 8. Wheeled equipment. For the purposes ofthis 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 watertrailer used for watering livestock orfor agricultural or domestic purposes. (g) A welder. (h) Any other similar item designed and used primarily for construction or building trade purposes.



### 19. An all-terrain vehicle or an off-road recreational motorvehicle operating on a dirt road that is located in an unincorporated area ofthis state. For the purposes ofthis paragraph, "dirt road" means an unpaved or ungraveled road that is not maintained by this state or a city, town or county ofthis 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 trailerthat is exempt from registration pursuant to subsection D, paragraph 2 ofthis section shall notify the county assessor ofthe exemption, and the assessor shall assess the trailer. F. A person who violates subsection Eofthis section is guilty of a class 2 misdemeanor.
35-313. Investment oftrust and treasury monies; loan ofsecurities 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 ofthis subsection. 3. Bonds or other evidences of indebtedness ofthis state or any ofthe counties or incorporated cities, towns or duly organized school districts. 4. Commercial paper whose issuer is rated in one ofthe two highest rating categories for short-term obligations by any two nationally recognized statistical rating organizations. 5. Bills of exchange ortime drafts known as bankers acceptances that are drawn on and accepted by a commercial bank. 6. Negotiable certificates ofdeposit 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 minimumone ofthe Baa ratings of Moody's investors service or one ofthe BBB ratings of Standard and Poor's rating service ortheir successors. 8. Securities ofor 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 underthe 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 ofthe following apply: (a) The investment company or investment trust takes delivery ofthe collateral for any repurchase agreement either directly orthrough an authorized custodian. (b) The investment policy ofthe investment company or investment trust includes seeking to maintain a constant share price. 9. Certificates ofdeferred property taxes as provided by section 42-17309.

210. Treasurer's warrant notes issued pursuant to section 35-185.01 or registered warrants ofa county issued pursuant to section 11-605, ifthe yield is equal to or greaterthan 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 ofthe 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 ofthis section, state transportation board funding obligations delivered pursuant to section 28-7678. 14. Certificates ofdeposit purchased in accordance with the procedures prescribed in section 35-323.01. B. In case ofdefault orfailure 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 honorthe 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 Bto the financial or dealer community through one or more ofthe entities listed in section 35-317, subsection A, or authorized by the board of investment pursuant to section 35-311, subsection E, ifthe borrowertransfers collateral to the state treasurer or acting agent ofthe state in the form of cash or securities specified in subsection A ofthis section. Collateral posted in the form of cash shall be in an amount equal to at least one hundred per cent ofthe market value ofthe loaned securities as agreed. Collateral posted in the form ofsecurities shall be in an amount of no more than one hundred ten per cent ofthe market value ofthe 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 ofsecurities 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 overthe previous twelve consecutive months, the state treasurer is not required to purchase state transportation board funding obligations pursuant to this subsection. 2. Each series ofstate transportation board funding obligations shall bear interest at a fixed interest rate equal to the mean bid-ask price ofthe United States treasury obligation with a maturity date closest to the maturity date ofthe state

3transportation 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 ofthe obligation. The delivery date shall be between fifteen and sixty days afterthe day the state treasurer receives the certificate. 3. The state treasurer shall provide written notice to the state transportation board and the director ofthe department oftransportation when the operating monies fall below four hundred million dollars. Ifoperating 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 ofthe department oftransportation at least fifteen days' notice ofthe call.
38-101. Definitions In this title, unless the context otherwise requires: 1. "Office", "board" or "commission" means any office, board or commission ofthe state, or any political subdivision thereof, the salary or compensation ofthe incumbent or members ofwhich 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, otherthan clerks or mere employees ofthe officer.
38-501. Application ofarticle A. This article shall apply to all public officers and employees of incorporated cities ortowns, of political subdivisions and ofthe state and any of its departments, commissions, agencies, bodies or boards. B. Notwithstanding the provisions ofany other law, orthe provisions ofany charter or ordinance of any incorporated city or town to the contrary, the provisions ofthis article shall be exclusively applicable to all officers and employees of every incorporated city ortown or political subdivision or the state and any of its departments, commissions, agencies, bodies or boards and shall supersede the provisions ofany 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 ifconsistent with the intent and provisions ofthis article.
38-502. Definitions In this article, unless the context otherwise requires: 1. "Compensation" means money, a tangible thing ofvalue 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 ortown, a political subdivision or the state or any of its departments, commissions, agencies, bodies or boards for remuneration.

43. "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 ofa copy of the official minutes ofa public agency which fully discloses a substantial interest. The filing shall be in the special file established pursuantto section 38-509. 4. "Official records" means the minutes or papers, records and documents maintained by a public agency for the specific purpose of receiving disclosures of substantial interests required to be made known by this article. 5. "Political subdivision" means all political subdivisions ofthe state and county, including all school districts. 6. "Public agency" means: (a) All courts. (b)Any department, agency, board, commission, institution, instrumentality or legislative or administrative body ofthe state, a county, an incorporated town or city and any other political subdivision. (c) The state, county and incorporated cities ortowns 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 ofthe whole or half blood and their spouses and the parent, brother, sister or child of a spouse. 10. "Remote interest" means: (a) That ofa nonsalaried officer ofa nonprofit corporation. (b) That ofa landlord ortenant ofthe contracting party. (c) That ofan attorney of a contracting party. (d) That ofa member of a nonprofit cooperative marketing association. (e) The ownership of less than three per cent ofthe shares ofa corporation for profit, provided the total annual income from dividends, including the value ofstock dividends, from the corporation does not exceed five per cent ofthe total annual income ofsuch 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 ofa recipient of public services generally provided by the incorporated city or town, political subdivision or state department, commission, agency, body or board ofwhich he is a public officer or employee, on the same terms and conditions as if he were not an officer or employee. (h) That ofa 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, orthat 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 ofthe 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 ofa member ofa trade, business, occupation, profession or class of persons consisting of at least ten members which is no greaterthan the interest of the other members ofthat trade, business, occupation, profession or class of persons. 11. "Substantial interest" means any pecuniary or proprietary interest, either direct or indirect, otherthan a remote interest.
38-503. Conflict of interest: exemptions: employment prohibition A. Any public officeror employee ofa public agency who has, or whose relative has, a substantial interest in any contract, sale, purchase or service to such public agency shall make known that interest in the official records ofsuch public agency and shail refrain from voting upon or otherwise participating in any manner as an officeror employee in such contract, sale or purchase. B. Any public officeror employee who has, or whose relative has, a substantial interest in any decision ofa public agency shall make known such interest in the official records ofsuch public agency and shall refrain from participating in any manner as an officeror employee in such decision. C. Notwithstanding the provisions ofsubsections A and B ofthis section, no public officeror 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, notto exceed a total ofone thousand dollars annually, from a member ofthe governing body ifthe policy for such purchases is approved annually. D. Notwithstanding subsections A and B ofthis section and as provided in sections 15-421 and 15-1441, the governing board ofa school district or a community college district may not employ a person who is a member ofthe governing board or who is the spouse of a member ofthe governing board.
38-504. Prohibited acts A. A public officeror 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 officeror employee serves or served within the preceding twelve months concerning any matter with which the officeror employee was directly concerned and in which the officeror employee personally participated during the officer's or employee's employment or service by a substantial and material exercise ofadministrative discretion. B. During the period ofa public officer's or employee's employment or service and for two years thereafter, a public officeror employee shall not disclose or use for the officer's or employee's personal profit, without appropriate authorization, any information acquired by the officeror employee in the course ofthe officer's or employee's official duties which has been clearly designated to the officeror employee as confidential when such confidential designation is warranted because

6ofthe status ofthe 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 ofthe officer's or employee's official duties and that is declared confidential by law. C. A public officer or employee shall not use or attempt to use the officer's or employee's official position to secure any valuable thing or valuable benefit for the officer or employee that would not ordinarily accrue to the officer or employee in the performance ofthe officer's or employee's official duties ifthe thing or benefit is ofsuch character as to manifest a substantial and improper influence on the officer or employee with respect to the officer's or employee's duties.
38-505. Additional income prohibited for services A. No public officer or employee may receive or agree to receive directly or indirectly compensation 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 ofwhich 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 oftax 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 ofthis article is voidable at the instance ofthe 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 ofthis 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 ofthe 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 ofthis 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 ortown attorneys shall file opinions with the city ortown 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 ofthe house of representatives.
38-508. Authority of public officers and employees to act A. Ifthe 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

7or em,ployee shall notify his superior authority ofthe conflicting interest. The superior' authority may empower another to act or such authority may act in the capacity ofthe public officer or employee on the conflicting matter. B. Ifthe provisions ofsection 38-503 prevent a public agency from acting as required by law in its official capacity, such action shall not be prevented if members ofthe agency who have apparent conflicts make known their substantial interests in the official records oftheir 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 ofsubstantial interest made known pursuant to this article.
38-510. Penalties A. A person who: 1. Intentionally or knowingly violates any provision ofsections 38-503 through 38- 505 is guilty ofa class 6 felony. 2. Recklessly or negligently violates any provision ofsections 38-503 through 38- 505 is guilty ofa class 1 misdemeanor. B. A person found guilty ofan offense described in subsection A ofthis section shall forfeit his public office or employment ifany. C. It is no defense to a prosecution for a violation ofsections 38-503 through 38- 505 that the public officer or employee to whom a benefit is offered, conferred or 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 ofsections 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 ofeither may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any ofthe departments or agencies of either ifany person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf ofthe state, its political subdivisions or any ofthe departments or agencies ofeither is, at any time while the contract or any extension ofthe contract is in effect, an employee or agent ofany other party to the contract in any capacity or a consultant to any other party ofthe contract with respect to the subject matter ofthe contract. B. Leases ofstate trust land for terms longerthan ten years cancelled under this section shall respect those rights given to mortgagees ofthe lessee by section 37- 289 and other lawful provisions ofthe lease. C. The cancellation under this section by the state or its political subdivisions shall be effective when written notice from the governor orthe chief executive officer or governing body ofthe political subdivision is received by all other parties to the contract unless the notice specifies a latertime. D. The cancellation underthis section by any department or agency ofthe state or its political subdivisions shall be effective when written notice from such party is received by all other parties to the contract unless the notice specifies a later time.



### 8E. In addition to the right to cancel a contract as provided in subsection A ofthis section, the state, its political subdivisions or any department or agency ofeither may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf ofthe state, its political subdivisions or any department or agency of eitherfrom any other party to the contract arising as the result ofthe contract. F. Notice ofthis section shall be included in every contract to which the state, its political subdivisions, or any ofthe departments or agencies of either is a party. G. For purposes ofthis 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 ofthe 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 ofthis state all actions necessary to carry out the provisions ofthis 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 theirterms, and the appropriate local officer, councilor board shall enforce them. This section does not limitthe authority of local governing bodies to adopt ordinances and rules within their respective jurisdictions ifthose ordinances and rules do not conflict with state law and are equal to or more restrictive than the rules ofthe department, but this section does not grant local governing bodies any authority not otherwise provided by separate state law.
49-107. Local delegation ofstate 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 ifthe 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 ofthe delegation and reallocate all or part ofany monies that may have been conditioned on the further performance ofthe delegated functions, powers and duties.
49-405. Attainment area designations



### 9A. The governor may designate the status and classification of areas ofthis state with respect to attainment of national ambient air quality standards. B. The'director shall adopt rules that both: 1. Describe the geographic extent ofattainment, nonattainment or unclassifiable areas ofthis state for all pollutants for which a national ambient air quality standard exists. 2. Establish procedures and criteria for changing the designations ofareas that include all ofthe following: (a) Technical bases for proposed changes, including ambient air quality data, types and distributions ofsources ofair 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 ofand 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 ofthis state as being in attainment or nonattainment or unclassifiable with respect to that standard. The proposed recommendations shall be provided to the governorto 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 earlierthan five months before the date by which the governor must make the recommendations and no laterthan four months before that date, the department shall complete a draft ofthe proposed recommendations and a technical support document that explains the scientific and other bases for the draft proposal. 2. No earlierthan five months before the date by which the governor must make the recommendations and no laterthan 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

ofthe posting to counties and municipalities that would be included in a nonattainment area underthe proposed recommendations and to any person who had previously requested actual notice ofthe draft documents. Actual notice ofthe posting may be provided by electronic or other means. 3. The website posting and actual notices prescribed in paragraph 2 ofthis subsection shall include notice that until the close ofthe 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 ofa public hearing forthe departmentto 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. Afterthe close ofthe 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

10and technical support document and submit them to the governor. The department's final proposed recommendations and technical support document shall: (a) Considerthe comments received by the department pursuant to paragraph 3 of this subsection. For any areathat 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 ofand responses to comments received pursuant to paragraph 3 ofthis 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 ofthe 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 ofthe documents. Actual notice ofthe posting may be provided by electronic or other means.

. D. The department shall post on its website a copy ofthe governor's recommendations within five days after the recommendations are submitted to the administrator. E. Ifthe administrator requires the governor's recommendations to be submitted six months after promulgation ofthe 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 ofone or more air contaminants or combinations thereof in sufficient quantities, which either alone or in connection with other substances by reason oftheir 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 ofthe 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 ofthe state ofArizona, 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

11A. 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 ofthe purposes ofthis chapter. All monies resulting therefrom shall be deposited, pursuant to sections 35-146 and 35-147, in the account ofthe 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 ofthis 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, ifthe director either:

. (a) Determines that monitoring, sampling or other studies are necessary to determine the effects ofthe source on levels of air pollution. (b) Has reasonable cause to believe a violation ofthis 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 ofthis chapter, and that the monitoring, sampling or other studies by the source are necessary in orderto assess the impact ofthe 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 ofair 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 ofthe rules, the director shall consider the cost and effectiveness ofthe 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 ofthis section, the director may require a source ofair 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 ofany alternatives that may be reasonable underthe 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 ofthe following conditions are met: 1. The actual or potential emissions or air pollution may adversely affect public health orthe 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 ofthe method is reasonable in light ofthe use to be made ofthe data. D. In determining the frequency and duration of monitoring, sampling or quantification of emissions under subsections Band C ofthis section, the director

12shall consider the five factors prescribed in subsection C ofthis 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 ofthe on-scene commander orthe department of health services, the department ofenvironmental 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 iffunding is available and ifthe director, in the director's professional capacity, determines the department's provision ofservices is necessary to protect human health and the environment: 

### 1. Collect air samples for likely contaminants resulting from the fire. The department ofenvironmental 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 ofsmoke. 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 ofdetail practicable and a listing of likely releases ofany 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 ofthe 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 ofthe 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 ofthe quantity and nature of emissions of air contaminants, topography, wind and temperature conditions, possible chemical reactions in the atmosphere, the character ofdevelopment ofthe various areas of the state, the economic effect of remedial measures on the various areas ofthe 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 ofair pollution and its control. In a county with a population in excess ofone 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

13section 49-406, subsection A and the county air pollution control department or district. 4. Determine the standards for the quality ofthe ambient air and the limits ofair contaminants necessary to protect the public health, and to secure the comfortable enjoyment of life and property by the citizens ofthe state or in any defined geographical area ofthe state where the concentration ofair pollution sources, the health ofthe population, orthe nature ofthe economy or nature of land and its uses so require, and develop and transmit to the county boards ofsupervisors minimum state standards for air pollution control. ' 5. Conduct investigations, inspections and tests to carry out the duties ofthis section underthe procedures established by this article. 6. Hold hearings relating to any aspect of or matter within the duties ofthis section, and in connection therewith, compel the attendance ofwitnesses 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 ofair pollution in this state. 8. Encourage voluntary cooperation by advising and consulting with persons or affected groups or other states to achieve the purposes ofthis chapter, including voluntary testing of actual or suspected sources ofair pollution. 9. Encourage political subdivisions ofthe 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 ofthe following: (a) Projected meteorological conditions for the Maricopa county area, including all ofthe following: (i) Wind speed and direction. (ii) Stagnation. (iii) Recent precipitation. (iv) Potential for precipitation. (b) Existing concentrations ofair pollution at the time ofthe 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 ofthe state or any portion thereof and shall adopt, modify, and amend reasonable standards for the quality of, and emissions into, the ambient air ofthe state for the prevention, control and abatement of air pollution. Additional standards shall be established for particulate matter emissions, sulfur dioxide

14emissions, and other air contaminant emissions determined to be necessary and feasible for the prevention, control and abatement ofair 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 afterthe director first holds a public hearing after twenty days' notice ofsuch hearing. The proposed rule, or any proposed amendment of a rule, shall be made available to the public at the time of notice ofsuch 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 ofthis 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) ofthe clean air act and for any person beginning actual construction ofor operating any source, except as prescribed in subsection B ofthis section or section 49-426.01. B. The provisions ofthis section shall not apply to motorvehicles, to agricultural vehicles or agricultural equipment used in normal farm operations, orto fuel burning equipment which, at a location or property other than a one ortwo family residence, is rated at less than one million British thermal units per hour. The director may establish by rule additional sources or classifications ofsources 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 ofsources, 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 ofthe clean air act and that exempts one or more source categories from the requirement to obtain a permit undertitle V ofthe 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 directorto 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 ofthe clean air act shall include a compliance plan that describes how the applicant will comply with all ofthe applicable requirements ofthis chapter and the clean air act, including a schedule ofcompliance 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,

15within a reasonable time, on such application and shall notify the applicant in writing ofthe proposed approval or denial ofsuch application, except that the director may have a reasonable period oftime 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 ofsection SOS(a) ofthe clean air act. D. The director shall give notice ofa proposed permit for a source required to obtain a permit pursuant to title V ofthe clean air act once each week for two consecutive weeks in two newspapers ofgeneral 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 ofthe first notice to post the site where the source is or may be located. Ifpermitted by federal, state and local law, the posting shall be prominently placed at a site that is underthe 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. Ifa public hearing is requested, the director shall require the applicant to place an additional posting that provides notice ofthe 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 ofthe 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 whetherthe 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 ofthedepartment'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 ofthis article, article 1 ofthis chapter and the clean air act and are found by the directorto be necessary, following public notice and an opportunity for a public hearing as provided in subsection D or H ofthis section or in section 49-426.01, and subject to payment ofa reasonable fee to be determined as follows: 1. For a source that is required to obtain a permit pursuant to title V ofthe clean air act, the director shall establish by rule a system offees that is consistent with and

16equivalent to that prescribed by section 502 ofthe clean air act. These rules shall prescribe procedures for increasing the fee each year bythe percentage ifany 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 ofthe 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 directorshall 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 offive years. G. Except as provided in subsection H ofthis 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 offuel testing to be conducted by the person. 3. The frequency and type ofemissions 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 offacilities ifthe class contains a large number offacilities that are substantially similar in nature and that have substantially similar emissions and ifthe following conditions are met: 

### 1. A general permit shall comply with all ofthe requirements for permits prescribed by this section except for the requirements ofsubsection D ofthis section and shall be consistent with the clean air act. 2. The director shall give notice ofthe 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 ofsources 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 ofthe 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 ofthis section. 4. Ifthe director approves an application to be permitted under a general permit, the director shall provide notice ofthe approval in a newspaper of general circulation in the county in which the source is or will be located.



### 175. Ifa person violates a general permit, the director may require the source to obtain a permit pursuant to subsection A ofthis section. 6. A general permit may be revoked or revised at any time by the director if necessary to comply with this chapter. Ifthe 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 ofthis section or notice of procedures for compliance with the revisions. 7. The director by rule shall adopt procedures for the issuance ofgeneral 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 undertitle V ofthe clean air act shall contain all ofthe following: 1. Conditions reflecting all applicable requirements ofthis article and rules adopted pursuant to this article. 2. Enforceable emission limitations and standards. 3. A schedule for compliance, ifapplicable. 4. The requirement to submit at least every six months the results ofany 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 oftitle V ofthe clean air act ifthe administrator objects to its issuance in a timely manner as prescribed under title V ofthe act. K. 

### Ifan 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 ofthis chapter unless the delay in final action is due to the failure ofthe 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 ofa source as required underthis 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, ifthe permit includes conditions that will assure compliance with all applicable requirements ofthis 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 ofa permit with a term ofthree or more years issued pursuant to the requirements oftitle V ofthe 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 ofthe permit. The director shall require any revisions as expeditiously as practicable, but not later than eighteen months afterthe promulgation ofsuch standards and regulations. No permit revision shall be required ifthe effective date of standards

18and regulations is after the expiration ofthe permit. Any permit revision required pursuant to this subsection shall be treated as a permit renewal. N. Any permit issued pursuant to the requirements ofthis article and title V ofthe clean air act to a unit subject to the provisions oftitle IV ofthe clean air act shall include conditions prohibiting all ofthe following: 1. Annual emissions ofsulfur dioxide in excess ofthe number ofallowances to emit sulfur dioxide held by the owners or operators ofthe unit or by the deSignated representative ofthe owners or operators. 2. Amounts in excess of applicable emission rates. 3. The use ofany allowance priorto the year for which it was allocated. 4. Contravention of any other provision ofthe 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 ofthe 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 underthe 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 undertitle V ofthe clean air act without requiring a permit revision ifall ofthe following conditions are met: 1. The changes do not constitute modifications undertitle I ofthe clean air act. 2. The changes do not result in an emission that is greaterthan the emissions allowed underthe permit. 3. The source provides the director with a written notice ofthe proposed changes at least seven days in advance ofthe beginning ofthose 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 ofthe 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, orterminated for cause. The filing of a request for a permit revision, revocation and reissuance, ortermination or a notification filed pursuant to subsection A ofthis 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 directorto 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 ofchanges 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 undertitle V ofthe clean air act, the necessity for and level of public and departmental review ofa change shall be determined as prescribed by this chapter and the environmental significance ofthe change.

1949-432. 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 underthejurisdiction ofthe 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 ofthe information shall be considered confidential on either ofthe following: 1. Notice from the person accompanying the information or a particular part ofthe 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 ofthe information or a particular part ofthe 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. Ifthe 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. Ifa court order is sought, the person shall be served with a copy ofthe court filing and has twenty business days from the date ofservice 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 ofany air contaminant. 3. The existence or level of a concentration ofan 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 ifthe records, reports or information is relevant to any administrative orjudicial proceeding under this chapter.

.



### 202

..Employees ofthe United States environmental protection agency ifthe 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 underthis chapter orthe 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 otherthan the interior or structures used as private residences. B. Upon showing by the affidavit ofthe 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 ofan 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 ofArizona to the director or any deputy director in the state ofArizona, 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 ifsuch premises comply with (section ofthe 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 ofsaid 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 ofofficer shall be in substantially the following form: "I hereby certify that by virtue ofthe within warrant I searched the named premises and found the following things (describe findings). Dated this day of , 19_(Name ofdirector 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 ofthe 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 ofthat 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 ofabatement

. 21An order ofabatement issued by the director shall become effective immediately upon the expiration ofthe 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 Ifthe terms and conditions ofthe 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 ofsuch violation on the holder ofthe conditional order in the manner provided in section 49-444. The notice shall specify the nature ofsuch violation and the date on which a hearing will be held to determine ifsuch a violation has occurred and whetherthe conditional order should be suspended or revoked. The date ofthe hearing shall be within thirty days from the date the notice is served upon the holder ofthe conditional order.
49-455. Permit administration fund A. A permit administration fund is established consisting offees and interest collected pursuant to this article. The director shall administerthe 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 exemptfrom the provisions ofsection 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 offees collected pursuant to section 49-426, subsection E, paragraph 1, all reasonable direct and indirect costs required to develop and administerthe permit program requirements oftitle V ofthe clean air act. 2. In the case ofotherfees, administering permits or revisions issued pursuant to section 49-426 or 49-426.01 or conducting inspections. C. No more than five per cent ofthe monies in the fund may be used forthe collection of monies, unless otherwise provided under title V ofthe clean air act. D. No more than five per cent ofthe monies in the fund may be used for general administration ofthe fund unless otherwise provided undertitle V ofthe 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 ofthis 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 ofthis article, any rule adopted pursuant to this



### 22article or any requirement ofa permit issued pursuant to this article, he may serve upon such person by certified mail or in person an order ofabatement 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 ofthe order and shall state that the alleged violator is entitled to a hearing, ifsuch hearing is requested in writing within thirty days after the date of issuance ofthe 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 ofa source required to obtain a permit pursuant to this article and title V ofthe clean air act, the order shall require compliance no laterthan 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 ofthe director, shall file an action for a temporary restraining order, a preliminary injunction, a permanent injunction or any other relief provided by law, ifthe director has reasonable cause to believe that any ofthe following is occurring: 

### 1. A person has violated or is in violation of any provision ofthis 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 orthe environment because ofa release ofa harmful air contaminant, unless that release is subject to enforcement undertitle 3, chapter 2, article 6.
49-463. Violations: civil penalties A. A person who violates any provision ofthis 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 ofthe director shall file an action in superior court to recover penalties provided for in this section. B. For purposes of determining the number ofdays ofviolation for which a civil penalty may be assessed underthis section, ifthe director has notified the source ofthe 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 ofviolation shall be presumed to include the date ofsuch 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 underthis section is accomplished by the issuance ofa notice ofviolation or order of abatement or by" filing a complaint in superior court that alleges any violation described in subsection 

### A.

23C. In determining the amount of a civil penalty underthis section, the court shall consider all ofthe following: 

### 1. The seriousness ofthe violation. 2. As an aggravating factor only, the economic benefit, ifany, resulting from the violation. 3. Any history ofthat violation. 4. Any good faith efforts to comply with the applicable requirements. 5. The economic impact ofthe penalty on the violator. 6. The duration ofthe violation as established by any credible evidence including evidence otherthan 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 ofsuch pollutant in accordance with that standard shall not constitute a violation ofthis subsection. For purposes ofdetermining whether a defendant who is an individual knew that the violation placed another in imminent danger ofserious bodily injury both ofthe 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 ofthis 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 undertitle V ofthe 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 ofthe 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 undertitle V ofthe clean air act, and who knowingly violates such emission standard is guilty ofa 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 ofa 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 orderto render the results inaccurate is guilty of a class 5 felony.

24F. A person who is required by the directorto maintain any monitoring device pursuant to this article, and who knowingly alters, modifies or destroys such monitoring device in orderto 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 otherthan an emission standard identified in subsection C ofthis section, and who knowingly violates such permit condition is guilty of a class 6 felony. For purposes ofthis 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 ofthe permit condition on public health and the environment. 2. The effect ofthe 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 ofthe 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 ofa source both underthis article and undertitle V ofthe clean air act, and who knowingly commences construction ofsuch source without a permit issued by the director is guilty ofa class 6 felony. I. A person who operates a source that is not identified in subsection B ofthis section and that requires a permit underthis 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 ofa 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 orderto render the device inaccurate is guilty ofa class 6 felony. K. A person who is required to obtain a permit to commence construction of a source underthis article but not under title V ofthe clean air act, and who acting with criminal negligence commences construction ofsuch 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 ofthe following is guilty ofa class 1 misdemeanor: 

### 1. Violates a permit condition not described in subsection C or G ofthis section. 2. Violates an opacity standard, unless the opacity standard is required by section 111 or title I, part C or D, ofthe clean air act. 3. Violates a fee or filing requirement established both underthis article and under title V ofthe clean air act. 4. Violates any other provision ofthis article for which a penalty is not otherwise prescribed. M. Underthis 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 ofa single offense. N. The attorney general may enforce the provisions ofthis section.

25O. In determining the amount ofa fine underthis section, the court shall consider all ofthe following: 1. The seriousness ofthe violation. 2. As an aggravating factor only, the economic benefit, ifany, resulting from the violation. 3. Any history ofthat violation; 4. Any good faith efforts to comply with the applicable requirements. 5. The economic impact ofthe penalty ofthe violator. 6. The duration ofthe violation as established by any credible evidence including evidence otherthan 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 ofthis 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 ofthe 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 ofthe risk involved in the treatment or experimentation priorto 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 or4 ofthis section that both ofthe following conditions were satisfied: 

### 1. The violation was reported by verbal orfacsimile notification to the director within twenty-four hours afterthe source first learned ofthe violation. 2. The owner or operator ofthe source provided written notification to the director containing all ofthe following information within seventy-two hours following the verbal or facsimile notification: (a) Confirmation ofthe violation for which verbal or facsimile notification was provided. (b) Identification ofthe 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 ofcontinuous or recurring violations, the notification requirement shall be satisfied ifthe source provides the required notification after violations are first detected and includes in such notification an estimate ofthe time the violations will continue. Violations occurring afterthe estimated time period shall require additional notification pursuant to the first sentence ofthis paragraph. R. It shall be an affirmative defense to any prosecution under subsection B, H, I or K ofthis 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 ofa 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 ofthis subsection.



### 26S. The defendant may establish an affirmative defense provided by this section by a preponderance ofthe evidence. T. Underthis section, to prove a knowing violation the state must prove actual knowledge ofcircumstances constituting each .element ofthe offense which, as defined, requires proofofa 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 ofthis section, "emission standard" means a numeric limitation on the volume or concentration ofair pollutants in emissions from a source or a specific design, equipment or work practice standard, the purpose ofwhich is to eliminate or reduce the volume or concentration of pollutants emitted by a source. Emission standard does not include opacity standards. Violations ofemission standards shall be determined in the manner prescribed by the applicable regulations issued by the administrator orthe director.
49-465. Air pollution emergency A. Ifthe director determines that air pollution in any area constitutes or may constitute an emergency risk to the health ofthose in the area orthat 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 offuels. 5. The burning of any materials whatsoever. 6. Any and all other activity which contributes or may contribute to the emergency. B. Ifthe governordeclares that an emergency exists pursuant to subsection A, the governor shall prohibit, restrict or condition the employment schedules for employees ofthis 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 ofthis state or its political subdivisions is required to take because ofthe prohibition, restriction or condition shall be leave with pay. 

## e. Orders ofthe 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 ofthe 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, ifa 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.

2749-471. 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 oftheir 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 ofa substantial part ofa community, or obscure visibility, or which in any way degrade the quality ofthe ambient air below the standards established by the board ofsupervisors. 4. "Appealable agency action": (a) Means an action that determines the legal rights, duties or privileges ofa party. (b) Does not include any rule, ordinance, order, standard or statement of policy of general application issued by a control officeror board ofsupervisors to implement, interpret or make specific the legislation enforced or administered by the control officeror board ofsupervisors. (c) Does not mean or include any rule that relates to the internal management ofa 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 or49-511 orto a final administrative decision obtained by an administrative appeal under section 49- 471.15. 5. "Board ofsupervisors" means any county board ofsupervisors. 6. "Control officer" means the executive head,ofthe department authorized or designated to enforce air pollution regulations, or the executive head ofan 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 ofsupervisors. 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 similarform 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 ofthe federal or state constitution or of any federal or state statute, court rule, executive order or rule or ordinance adopted by a board ofsupervisors. 13. "Register" means the Arizona administrative register.



### 2814. "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 orthat describes the procedure ofa 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 ofArizona, signed by a magistrate, directed to the control officer orthe control officer's deputies and authorizing the control officer orthe 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 ofa current approach to, or opinion of, the requirements ofthe 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 ofaction based on that approach or opinion. (b) Is advisory only. (c) Does not include internal procedural documents that only affect internal procedures ofthe 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 ofsupervisors A. The board ofsupervisors 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 ofthe county is contaminated by air pollution and the causes, sources, and extent of such air pollution or, ifthe state is developing a1study in the county pursuant to section 49- 424, cooperate with and assist the state in such a study. B. The board ofsupervisors of a county shall authorize or deSignate an existing department ofthe county government or establish an air pollution control district to carry out the necessary investigations, inspections, and enforcement ofany rules and regulations adopted pursuant to this article. C. The board ofsupervisors of a county may in lieu ofthe provisions ofsubsection B, in addition to thejoint 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 ofsupervisors ofsuch other county or counties, and contract for thejoint administration ofthis article within such region, including, but not limited to, the jOint adoption of regulations and standards and the enforcement thereof by ajoint region hearing board. Any region created underthis subsection shall be governed by all ofthe provisions applicable to a county.
49-474. County control boards



### 29The board ofsupervisors ofeach county may authorize the board of health or health department oftheir respective counties in cooperation with the department ofenvironmental quality to: 1. Study the problem ofair pollution in the county. 2. Study possible effects on adjoining counties. 3. Cooperate with chambers ofcommerce, 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 ofsupervisors 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 ofthe grant any funds granted to it for research ofair pollution by the federal government, any political subdivision ofthe state, any agency or branch ofthe federal or state governments, or any private agency. 49-476.01. Monitoring A. The control officer may require, as specified in subsections Band C ofthis section, any source ofair contaminants to monitor, sample or perform other studies to quantify emissions ofair contaminants or levels ofair pollution that may reasonably be attributable to that source, ifthe control officereither: 1. Determines that monitoring, sampling or other studies are necessary to determine the effects ofthe facility on levels of air pollution. 2. Has reasonable cause to believe a violation ofthis 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 ofthis article, and that the monitoring, sampling or other studies by the source are necessary in orderto assess the impact ofthe source on the emission of air contaminants. B. The board ofsupervisors shall adopt rules requiring sources ofair 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 ofthe rules, the board shall consider the cost and effectiveness ofthe 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 ofthis section, the control officer may require a source ofair 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,officershall 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

30quantification by permit or order ifthe control officer determines in writing that all ofthe following conditions are met: 

### 1. The actual or potential emissions ofair 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 ofthe method is reasonable in light ofthe use to be made ofthe data. D. In determining the frequency and duration of monitoring, sampling or quantification ofemissions under subsection Band C ofthis section, the control officer shall consider the five factors prescribed in subsection C ofthis 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 ofabatement in section 49-490 and for permit conditions in section 49-482.
49-478. Hearing board A. The board ofsupervisors shall appoint an air pollution hearing board. B. The hearing board shall consist offive members. The five members shall be knowledgeable in the field of air pollution. At least one member ofthe 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 ofthree years. C. The hearing board shall select a chairman and vice-chairman and such other officers as it deems necessary. D. The board ofsupervisors 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 ofsupervisors 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 ofthe county or mUlti-county air quality control region in orderto 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.

313. Securing, to the greatest degree practicable, the enjoyment ofthe natural attractions ofthe state and the comfort and convenience ofthe inhabitants. B. No rule may be enacted or amended except after the board ofsupervisors first holds a public hearing aftertwenty days' notice ofsuch hearing. The proposed rule, or any proposed amendment ofa rule, shall be made available to the public at the time of notice ofsuch 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 ifthe county complies with the applicable provisions ofsection 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 ofsupervisors 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 ofthe 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 ofthis 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 underthis chapter. Such procedures shall comply with the requirements ofsections 165, 173 and 408 and titles III and V ofthe clean air act and implementing regulations for sources subject to titles III and V ofthe 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 ofthe 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 ofthis chapter. C. Upon adoption of a permit program by the board ofsupervisors pursuant to this section, no person may begin actual construction, operate or make a modification to any source subjectto the permit program without complying with the requirements ofthat program. D. Permits issued pursuant to a program adopted underthis section are subject to payment ofa reasonable fee to be determined as follows: 1. For any source required to obtain a permit under title V ofthe clean air act, the board ofsupervisors shall establish by rule a system offees consistent with and equivalent to that prescribed under section 502 ofthe clean air act. Such system shall prescribe procedures for increasing the fee each year by the percentage, ifany by which the consumer price index for the most recent calendar year ending before the beginning ofsuch year exceeds the consumer price index for the calendar year 1989.

322. For any facility subject to the permitting requirements ofthis chapter but not required to obtain a permit undertitle V ofthe clean air act, the board of supervisors shall determine a permit fee based on all reasonable direct and indirect costs required to administerthe permit, but not exceeding twenty-five thousand dollars. The board ofsupervisors shall establish an annual inspection fee, notto exceedthe average cost ofservices. 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 undertitle V ofthe clean air act shall, and for a source that is not required to obtain a title V permit may, contain all ofthe following: 

### 1. Conditions reflecting all applicable requirements ofthis article and rules adopted pursuant to this article. 2. Enforceable emission limitations and standards. 3. A schedule for compliance, ifapplicable. 4. The requirement to submit at least every six months the results ofany 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 oftitle V ofthe clean air act ifthe administrator objects to its issuance in a timely manner as prescribed undertitle V ofthe act. H. In the case of a permit with a term ofthree or more years issued pursuant to the requirements oftitle V ofthe 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 ofthe permit. The control officer shall require any revisions as expeditiously as practicable but not laterthan eighteen months afterthe promulgation ofsuch standards and regulations. No permit revision shall be required ifthe effective date ofthe standards and regulations is after the expiration ofthe 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 ofthis 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 underthis 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 offuel 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 ofsupervisors may authorize by rule the control officer to issue a general permit for a defined class offacilities ifthat class offacilities has not been issued a general permit by the directorfor sources in that county pursuant to section49-426, subsection H. The criteria for issuance ofa general permit are those applicable to the director pursuant to section 49-426, subsection G. K. The board ofsupervisors 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 arethose 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 matterthat is not subject to a national ambient air quality standard underthe clean air act. M. The board ofsupervisors 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 ofthe clean air act. Until the effective date of a rule or ordinance adopted by a board ofsupervisors pursuant to this section, the control officer, either on the control officer's own initiative or on the request ofa 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 ofsupervisors shall establish by rule provisions to allow changes within a source required to obtain a permit under title V ofthe clean air act without requiring a permit revision if all ofthe following conditions are met: 

### 1. The changes do not constitute modifications under title I ofthe clean air act. 2. The changes do not result in an emission that is greaterthan the emissions allowed underthe permit. 3. The source provides the control officer with a written notice ofthe proposed changes at least seven days in advance ofthe beginning ofthose 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 differenttime limit for notifications associated with emergency conditions. B. Any permit issued pursuant to section 49-480 may be revised, revoked and reissued, orterminated 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 ifcause exists for revising, revoking and reissuing, orterminating, the permit, orto determine compliance with permit conditions. C. The board ofsupervisors 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.

3449-480.02. Appeals of permit actions A. Within thirty days after the' control officer gives notice of approval, denial or revocation ofa 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 ofsection 49-480. No action may be commenced before sixty days afterthe plaintiff has given notice to the control officer ofthe plaintiff's intent to file. The court has jurisdiction to require the control officerto 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 ofa 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 ofthe control officer. B. Any person having an interest that is ormay 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 ofsupervisors 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

35or any part ofthe information shall be considered confidential on either ofthe following: 1. A showing, satisfactory to the control officer, by any person that the information or a part ofthe information if made public would divulge the trade secrets ofthe person. 2. A determination by the county attorney that disclosure ofthe information or a particular part ofthe information would be detrimental to an ongoing criminal investigation or to an ongoing or contemplated civil enforcement action underthis chapter in superior court. D. Notwithstanding subsection C ofthis 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 ofany emission ofany air contaminant. 3. The existence or level ofa concentration ofan air pollutant in the environment.
49-488. Special inspection warrant A. The control officerand his deputies charged under this chapter orthe 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 ofstrqctures used as private residences. B. Upon showing by the affidavit ofthe control officeror 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 ofan 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 ofArizona to any control officeror 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 +++++++++++++++ ofthe 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 ofsaid 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 officeror deputy control officer)." The return of officershall be in substantially the following form: "I hereby certify that by virtue ofthe within warrant I searched the named premises and found the following things (describe findings). Dated this +++++++++++++++ day of +++++++++++++++ 19++++ (name of control officeror deputy control officer)."

36D. The warrant may be served by the control officer or his deputies mentioned in its directions, but by no other person except in aid ofthe 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. Afterthe expiration ofthat 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 ofthe 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. Ifa hearing is requested, the hearing board shall hold the hearing within thirty days from receipt ofthe request unless such time is extended by the hearing board. Written notice ofthe time and place ofthe 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. Ifthe board, after the hearing, determines that the act or acts set forth in the order constitute a violation of any provision ofthis article or ofthe rules adopted pursuant to this article or any requirement ofa 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 Ifthe terms and conditions ofthe 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 ofsuch violation on the holder ofthe conditional order in the manner provided in section 49-498. The notice shall specify the nature ofsuch violation and the date on which a hearing will be held by the hearing board to determine ifsuch a violation has occurred and whetherthe conditional order should be suspended or revoked. The date ofsaid hearing shall be within thirty days from the date said notice is served upon the holder ofthe conditional order.
49-501. Unlawful open burning: exceptions: civil penalty: definition A. Notwithstanding the provisions of any other section ofthis 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:

371. Fires used only for cooking offood or for providing warmth for human beings or the branding ofanimals or the use oforchard heaters for the purpose offrost protection in farming or nursery operations. 2. Any fire set or permitted by any public officer in the performance ofofficial duty, ifsuch fire is set or permission given for the purpose ofweed abatement, the prevention ofa fire hazard, or instruction in the methods offighting fires. 3. Fires set by or permitted by the director ofthe department ofagriculture or county agricultural agents ofthe county for the purpose ofdisease and pest prevention. 4. Fires set by or permitted by the federal government or any of its departments, agencies or agents orthe state or any of its agencies, departments or political subdivisions for the purpose ofwatershed 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 ofthis chapter when the department ofenvironmental quality pursuant to section 49-402 has assumed jurisdiction ofthe county in which the fire is located. 6. Fires set for the disposal ofdangerous materials where there is no safe alternate method ofdisposal. C. Permission for the setting ofany fire given by a public officer in the performance ofofficial duty under subsection B, paragraph 2, 3 or 4 ofthis section shall be given in writing and a copy ofthe written permission shall be transmitted immediately to the director ofenvironmental quality and the control officer ofthe 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 ofthe exemption. D. Notwithstanding section 49-107, the director may delegate authority for the issuance ofopen burning permits to a county, city, town or fire district. A county, city, town or fire districtthat has been delegated authority for the issuance ofopen burning permits may assign the issuance ofthese permits to a private fire protection service providerthat performs fire protection services within that county, city, town orfire district. Any private fire protection service providerthat is authorized to issue open burning permits pursuant to this subsection shall maintain a copy of all currently effective permits issued including a means ofcontacting the person authorized by the permit to set the fire in the event that an orderto extinguish the open burning is issued. Permits issued pursuant to this subsection shall contain both ofthe following: 1. Conditions that limit the manner and time ofsetting 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 ofthe 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



### 38collection 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 underthe general permit shall register with the director on a form prescribed by the director. Upon receipt ofa registration form, the director shall notify the county in which the farm or ranch is located ofsuch registration. 4. A statement that the director, a local air pollution control officer, or any other public officer may orderthe 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 ofwood burning chimineas, outdoor fire pits and similar outdoorfires on those days for which the county has issued a no burn day restriction. G. A person who violates any provision ofthis section may be served a notice of violation and be subject to the enforcement provisions ofthis 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 ofthis section, "open outdoorfire" means any combustion of combustible material ofany type outdoors, in the open where the products of combustion are not directed through a flue. For the purposes ofthis 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 ofthis article, any rule adopted pursuant to this article or any effective order ofabatement, 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 ofviolation 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 ofthis article, any rule adopted pursuant to this article or any effective order ofabatement, permit or permit condition issued pursuant to this article. B. Any person. who violates any provision ofthis 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 ofthe control officer, may commence an action in superior court to recover civil penalties

39provided 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 ofa fine or civil penalty underthis section, the court shall consider: 1. The seriousness oftheviolation. 2. As an aggravating factor only, the economic benefit, ifany, resulting from the violation. 3. Any history ofsuch violation. 4. Any good faith efforts to comply with the applicable requirements. 5. The economic impact ofthe 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 ofany provision ofthis article, any rule adopted pursuant to this article or any requirement ofa 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 ofthis article, any rule adopted pursuant to this article or any requirement ofa 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 Eofthis 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 ofthe order. 4. That the alleged violator is entitled to a hearing, ifthe hearing is requested in writing within thirty days afterthe date of issuance ofthe 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 underthis 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 ofa source required to obtain a permit pursuant to this article and title V' ofthe 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 ofthe senate, the speaker ofthe house of representatives and the director ofthe 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. Ifthe order was renewed, the report

40shall also include a summary ofthe 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 orderof abatement by consent. The control officer may agree to accept monetary payments as part ofthe negotiated terms of an order ofabatement by consent. The terms ofan order of abatement by consent shall be determined by the agreement ofthe parties.
49-512. Violations; injunctive relief The county attorney, at the request ofthe control officer, shall file an action for a temporary restraining order, a preliminary injunction, 9 permanent injunction or any other relief provided by law, ifthe control officer has reasonable cause to believe that any ofthe following is occurring: 1. A person has violated or is in violation of any provision ofthis 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 ofan effective order of abatement. 3. A person is creating an imminent and substantial endangerment to the public health orthe environment because ofa release of a harmful air contaminant, unless that release is subject to enforcement undertitle 3, chapter 2, article 6.
49-513. Violations; civil penalties A. A person who violates any provision ofthis 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 ofthe control officershall file an action in superior court to recover penalties provided for in this section. B. For purposes of determining the number ofdays ofviolation for which a civil penalty may be assessed underthis section, ifthe control officer has notified the source ofthe 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 ofviolations shall be presumed to include the date ofsuch 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 ofthe evidence that there were intervening days during which no violation occurred orthat the violation was not continuing in nature. Notice under this section is accomplished by the issuance of a notice ofviolation or order of abatement or by filing a complaint in superior court that alleges any violation described in subsection A ofthis section. C. In determining the amount of a civil penalty underthis section, the court shall consider all ofthe following: 1. The seriousness ofthe violation. 2. As an aggravating factor only, the economic benefit, ifany, resulting from the violation.

41

### •

3. Any history ofthat violation. 4. Any good faith efforts to comply with the applicable requirements. 5. The economic impact ofthe penalty on the violator. 6. The duration ofthe violation as established by any credible evidence including evidence otherthan 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 ofsuch pollutant in accordance with that standard shall not constitute a violation ofthis subsection. For purposes ofdetermining whether a defendant who is an individual knew that the violation placed another in imminent danger ofserious bodily injury both ofthe 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 ofthis 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 ofthe clean air act and who knowingly operates such source without a permit issued by the control officerand without having filed a complete application for renewal ofan 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 underthis article and undertitle V ofthe clean air act, and who knowingly violates such emission standard is guilty ofa class 5 felony. D. A person who is subject to an effective order of abatement issued underthis article and who knowingly violates such order is guilty ofa 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 ofa class 5 felony. F. A person who is required by the control officerto maintain any monitoring device pursuant to this article, and who knowingly alters, modifies or destroys such monitoring device in orderto render the device inaccurate is guilty of a class 5 felony.

42G. 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 otherthan an emission standard identified in subsection C ofthis section, and who knowingly violates such permit condition is guilty ofa class 6 felony. For purposes ofthis 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 ofa source both under this article and under title V ofthe clean air act, and who knowingly commences construction ofsuch source without a permit issued by the control officer is guilty ofa class 6 felony. I. A person who operates a source that is not identified in subsection B ofthis section and that requires a permit underthis article, and who knowingly operates such source without a permit issued by the control officer and without having filed a complete application for renewal ofan existing permit in accordance with this article is guilty ofa 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 orderto 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 underthis article but not undertitle V ofthe clean air act, and who acting with criminal negligence commences construction ofsuch 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 ofthe following is guilty of a class 1 misdemeanor: 

### 1. Violates a permit condition not described in subsection C or G ofthis section. 2. Violates an opacity standard, unless the opacity standard is required by section 111 ortitle I, part C or D, ofthe clean air act. 3. Violates a fee orfiling requirement establishe.d both under this article and under title V ofthe clean air act. 4. Violates any other provision ofthis article for which a penalty is not otherwise prescribed. M. Underthis 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 ofa single offense. N. In determining the amount of a fine underthis section, the court shall consider all ofthe following: 

### 1. The seriousness ofthe violation. 2. As an aggravating factor only, the economic benefit, ifany, resulting from the violation. 3. Any history ofthat violation. 4. Any good faith efforts to comply with the applicable requirements. 5. The economic impact ofthe penalty ofthe violator. 6. The duration ofthe 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.

43O. It shall be an affirmative defense to any prosecution under subsection A ofthis 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 ofthe 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 ofthe risk involved in the treatment or experimentation priorto 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 ofthis section that both ofthe following conditions were satisfied: 1. The violation was reported by verbal orfacsimile notification to the control officer within twenty-four hours afterthe source first learned ofthe violation. 2. The owner or operator ofthe source provided written notification to the control officer containing all ofthe following information within seventy-two hours following the verbal orfacsimile notification: (a) Confirmation ofthe violation for which verbal or facsimile notification was provided. (b) Identification ofthe 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 ofcontinuous or recurring violations, the notification requirement shall be satisfied ifthe source provides the required notification after violations are first detected and includes in such notification an estimate ofthe time the violations will continue. Violations occurring after the estimated time period shall require additional notification pursuant to the first sentence ofthis paragraph. Q. It shall be an affirmative defense to any prosecution under subsection B, H, I or K ofthis 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 ofa 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 ofthis subsection. R. The defendant may establish an affirmative defense provided by this section by a preponderance ofthe evidence. S. Under this section, to prove a knowing violation the state must prove actual knowledge of circumstances constituting each element ofthe offense which, as defined, requires proof ofa 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 ofthis section, the term "emission standard" means a numeric limitation on the volume or concentration ofair 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

44a source. The term emission standard does not include opacity standards. Violations ofemission standards shall be determined in the manner prescribed by the applicable regulations issued by the administrator orthe director or control officer.



### 45

### AppendixB



### ADEQRulesto beincorporatedintotheSIPR18-2-313. ExistingSourceEmission Monitoring A. Every source subject to an existing source performance standard as specified in this Chapter shall install, calibrate, operate, and maintain all monitoring equipmentnecessary for continuouslymonitoringthe pollutants and othergases specified in this Sectionfor 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, sulfurdioxide emissions, and oxygen orcarbondioxide. b. Fluid bed catalytic cracking unit catalyst regenerators, as specified in subsection (C)(4), shall be monitored for opacity. c. Sulfuric acidplants, as specified in subsection (C)(3)ofthis Section, shall be monitored for sulfurdioxide emissions. d. Nitric acid plants, as specified in subsection (C)(2), shall bemonitored for nitrogen oxides emissions. 2. Emission monitoring shall notberequired when the source ofemissions is notoperating. 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 ofthis Section ifthe installation ofa continuous emission monitoring system cannot be implemented by a source due to physical plant limitations or extreme economic reasons. Alternative monitoringprocedures shall be specified bythe Directoron acase-by-case basis and shall include, as a minimum, annual manual stack tests for the pollutants identified for each type ofsource in this Section. Extreme economicreasons shall mean thatthe requirements ofthis Section would causethe source to be unableto 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 ofemissions (e.g., condensed, uncombined water vapor may prevent an accurate determination ofopacity using commercially available continuous emissionmonitoring systems). c. Alternative monitoring requirements may be prescribed when the affected facility is infrequently operated (e.g.,
some affected facilities may operate lessthan one month peryear). 4. Monitoring system malfunction: A temporary exemption from the monitoring and reporting requirements ofthis Section may be provided during any period ofmonitoring system malfunction, provided that the source owner or operator demonstratesthatthe malfunction was unavoidable and is beingrepaired expeditiously. B. Installation and performance testing required under this Section shall be completed and monitoring and recording shall
commence within IS months ofthe effective date ofthis Section. C. Minimum monitoringrequirements: 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 ofgreaterthan 30%, as reported to the Federal Power Commission for calendar year 1976, or as otherwise demonstrated to the Departmentbythe owner oroperator, shall conform with the following monitoringrequirements when such facility is subjectto an emission standardforthe pollutantin 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 ofthis Section by the owner or operator ofany such steam generator ofgreater than 250 million Btu perhourheat inputexceptwhere: i. Gaseous fuel is the only fuel burned; or ii. Oil or a mixture ofgas and oil are the only fuels burned and the source is able to comply with the applicable particulate matter and opacity regulations without utilization ofparticulate matter collection equipment, and where the source has never been found to be in violation through any administrative orjudicial proceedings,
oracceptedresponsibility for any violation ofany visible emission standard. b. A continuous emission monitoring system for the measurement of sulfur dioxide which meets the performance specifications ofthis Section shall be installed, calibrated, using sulfur dioxide calibration gas mixtures or other gas mixtures approved bythe Director, maintained and operated on any fossil-fuel fired steam generator ofgreater than250 million Btuperhourheat input which has installed sulfurdioxidepollutantcontrol equipment. c. A continuous emission monitoring system for the measurement ofnitrogen oxides which meets the performance specification ofthis 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 ofgreater 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 belowthe emission standard within this Chapter. d. Acontinuous emissionmonitoring system forthe measurement ofthe percentoxygen orcarbon dioxide which meets the performance specifications ofthis Section shall be installed, calibrated, operated, and maintained on fossil-fuel fired steam generators where measurements ofoxygen 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 ofthe emission standard withinthis Chapter.2. Nitric acid plants: Each nitric acid plant ofgreater 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, calibrateusingnitrogen dioxide calibration gas mixtures, maintain, and operate a continuousemission monitoring system for the measurement ofnitrogen oxides which meets the performance specifications ofthis Section for each nitric acid producingfacility 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 ofthis Section for each sulfuric acid producingfacility within such aplant. 4. Fluid bed catalytic cracking unit catalyst regenerators at petroleum refineries. Each catalyst regenerator for fluid bed catalytic cracking units ofgreater 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 specificationsofthisSectionfor each regeneratorwithin suchrefinery. 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 of40 CFR 60 are incorporated herein by reference and shall be used by the Director to determine acceptability ofmonitoring equipment installed pursuant to this Section. However where reference is madeto theAdministratorin Appendix B of40 CFR60, theDirectormay allowtheuse ofeitherthe state-approved reference method or the federally approved reference method as published in 40 CFR 60. The performance specificationstobeused with eachtype ofmonitoring system are listed below. a. Continuousemissionmonitoring systems for measuring opacityshall comply with performance specification 1. b. Continuousemission monitoring systems for measuringnitrogen 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 BureauofStandardsreference gases wheneverthese reference gases are available. Every six months from date ofmanufacture, span and zero gases shall be reanalyzed by conductingtriplicate analyses using the reference methods in Appendix A of40 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 guaranteedbyJhemanufacturer.

. 3. Cyclingtime: Time includes thetotal time required to sample, analyze, and record an emission measurement. a. Continuous emission monitoring systems for measuring opacity shall complete a minimum ofone cycle ofsampling and analyzingfor each successive six-minuteperiod. b. Continuousemissionmonitoring systems for measuring oxides ofnitrogen, carbon dioxide, oxygen, orsulfurdioxide shall complete a minimum ofone cycle ofoperation (sampling, analyzing, and date recording) for each successive I5-minuteperiod. 4. Monitor location: All continuous emission monitoring systems or monitoring devices shall be installed such that representative measurements of emissions ofprocess 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 applicableperformance specifications ofAppendix B of40 CFR60. 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 ofthis 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 shouldbe approximately 200%ofthe expected instrument datadisplay outputcorrespondingto the emission standardforthe 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 operatorfrom the reporting requirements ofRI8-2-31O.01.1. The owners or operators offacilities 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, ifknown. The averaging period used for datareporting 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 datastipulatedinthis subsection. 2. For opacity measurements, the summary shall consist ofthe magnitude in actual percentopacity ofall six-minute opacity averages greater than any applicable standards for each hour of operation ofthe facility. Average values may be obtained by integration over the averaging period or by arithmetically averaging a minimum offour equally spaced, instantaneous opacity measurements per minute. Any time periods exempted shall be deleted before determining any averages in excess ofopacity standards. 3. Forgaseous measurements the summary shall consist ofemission averages in the units ofthe applicable standardfor each averagingperiod duringwhichthe 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 ofsystem repair or adjustment shall be reported. The Director may require proofofcontinuous 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, oradjusted, such information shallbe included in thereport. 6. Owners oroperators ofaffected facilities shall maintain a file ofall information reported in the quarterly summaries, and all otherdatacollected eitherbythe 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 ofsuch summaries. F. Datareduction: Owners or operators ofaffected facilities shall use the following procedures fot convertingmonitoring datato units ofthe standard wherenecessary. 1. Forfossil-fuel fired steam generators the following procedures shall be used to convert gaseous emission monitoring data in partspermillionto g/million cal (lb/millionBtu)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 ofthe pollutant concentration and oxygen concentration shall each be on aconsistentbasis (wetordry). i. When measurements are on a wet basis, except where wet scrubbers are employed or where moisture is otherwise addedto stackgases, the following conversionprocedureshall be used: TI.''''''

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ii. When measurements are on awet basis and the water vapor content ofthe stack gas is determined at least once every 15 minutes the following conversionprocedure shall be used:

Use ofthis equation is contingent upon demonstrating the ability to accurately determine B(ws) such that any absolute error in B(ws) will notcause an errorofmore than ±1.5%in the term:

iii. When measurements are on adry basis, the following conversationprocedure 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 ofthe pollutant concentration and the carbon dioxide concentration shall each be on a consistent basis (wetordry) andthe following conversionprocedureused;

c. The values used in the equations under subsection (F)(l) above are derived as follows:E(Q) = pollutantemission, glmillion cal (Ib/million Btu). C = pollutantconcentration, 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/dscfper ppm) where M = pollutant molecularweight, gig-mole (lb/lb-mole), M = 64 torsulfur dioxide and 46 for oxides ofnitrogen. C(ws) = pollutant concentrations at stack conditions, glwscm (Ib/wscf), determined by multiplying the average concentration (ppm) for each one-hourperiodby4.15 x 10-5 M Ib/wscm perppm) (2.59 x 10-5M Ib/wscfper 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 ofthe volume ofdry flue gases generated to the calorific value ofthe fuel combusted (F), a factor representing a ratio ofthe volume ofcarbon dioxide generated to the calorific value ofthefuel combusted (F(c)), respectively. Values ofFandF(c) are given in 40 CFR60.45(f) (Chapter 1). F(w) = A factor representing a ratio ofthe volume ofwet flue gases generated to the caloric value ofthe fuel combusted. Values ofF(w) are given in Reference Method 19 ofthe ArizonaTestingManual. B(wa) = Proportion by volume ofwater 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 ReferenceMethod 19 oftheArizonaTestingManual. B(ws)=Proportionbyvolume ofwatervaporin the stackgas. 2. Forsulfuricacidplants as defined in RI8-2-l01, the owner oroperatorshall: a. Establish a conversion factor threetimes daily accordingto theprocedures of40 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 Kglmetricton (Ib/shortton); and c. Reportthe average sulfurdioxide emission for each averagingperiod in excess oftheapplicable emission standard in the quarterly summary. 3. Fornitric acid plants, theowneroroperatorshall: a. Establish a conversionfactor accordingto theprocedures of40CFR 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 theunits oftheapplicable standard, c. Report the average nitrogen oxides emission for each averaging period in excess ofapplicable emission standard in the quarterly summary. 4. The Directormay allow datareporting orreduction procedures varying from those set forth in this Section ifthe owner or operatorofa source showsto the satisfaction ofthe Directorthathis procedures are at least as accurate as those in this Section. Suchproceduresmay includebutare not limited to the following: a. Alternative procedures for computing emission averages that do not require integration ofdata (e.g., some facilities may demonstrate that the variability oftheir emissions is sufficiently small to allow accurate reduction ofdata based upon computingaverages from equally spaced datapoints overthe averagingperiod). b. Alternative methods ofconvertingpollutantconcentrationmeasurementsto the units ofthe emission standards. HistoricalNote Adopted effectiveMay 14, 1979 (Supp. 79-1). Amended effective October2, 1979 (Supp. 79-5). Editorial correction, subsection (C), paragraph (I), subparagraph (d)(Supp80-2). Amended effectiveJuly 9,1980 (Supp. 80-4). Former Section R9-3-313 renumbered without change as RI8-2-313 (Supp. 87-3). Amended effective September26, 1990 (Supp. 90-3). Sectionrepealed, new Section adopted effectiveNovember 15, 1993 (Supp. 93-4). Amended by final rulemaking at7 A.A.R. 1164, effectiveFebruary 15,2001 (Supp. 01-1).

R18-2-327. Annual Emissions InventoryQuestionnaire A. Every source subjectto apermitrequirementunder this Chaptershall complete and submitto the Directoran annual emissions inventory questionnaire. The questionnaire is due by March 31 or 90 days after the Director makes the inventory form available, whicheveroccurs later, and shall include emission information for the previous calendaryear. These requirements apply whetherornot apermithas been issued and whetherornotapermit application has been filed. B. The questionnaire shallbe on aform providedbythe Directorand shaIl includethe following information: I. The source's name, description, mailing address, contact person and contact person phone number, and physical address and location, ifdifferentthanthemailing 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 ofthe method ofmeasurement, calculation, or estimation, determined pursuant to subsection (C), ofthe foIlowing regulated airpollutants: a. Any single regulated airpoIlutant in a quantity greaterthan I ton or the amount listed for the pollutant in subsection (a) ofthe definition of"significant" in R18-2-101, whicheveris less.b. Any combination ofregulated airpollutants in aquantitygreaterthan 2 II2 tons. C. Actual quantities ofemissions shall be determined usingthe following emissionfactors ordata: I. Whenever available, emissions estimates shall eitherbe calculated from continuous emissions monitors certified pursuant to 40 CFR75, Subpart Candreferenced appendices, ordataquality assuredpursuanttoAppendix Fof40 CFR60. 2. When sufficientdatapursuantto subsection (C)(I) is notavailable, emissions estimates shallbe calculatedfrom datafrom source performance tests conducted pursuant to RI8-2-312 in the calendaryear being reported or, when not available, conductedin the mostrecent calendaryearrepresentingthe operating conditions oftheyearbeingreported. 3. When sufficientdatapursuantto subsection (C)(l)or(C)(2) is notavailable, emissions estimates shallbe calculatedusing 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, orby downloading the document from the EPA Technology Transfer Network, computer modem number (919) 541-5742, setting 8-N-l, VTl00, orANSI. 4. When sufficient data pursuant to subsections (C)(l) through (C)(3) is not available, emissions estimates shall be calculatedfrom material balanceusingengineeringknowledge ofprocess. 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 ofemissions calculated under subsection (C) shall be determined on the basis ofactual operating hours, production rates, in-place process control equipment, operational process control data, and types ofmaterials processed, stored, orcombusted. 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 ofthe 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 ofan amendment under this subsection shall not subject the owner or operator to an enforcement action or a civil or criminal penalty ifthe original submittal ofincorrectorinsufficient information was due to reasonable cause and notwilful neglect. F. The Director may require submittal of supplemental emissions inventory questionnaires for air contaminants pursuant to AR.S. §§ 49-422, 49-424, and49-426.03 through 49-426.08. Historical Note Emergencyrule adopted effective September 17, 1991, pursuanttoAR.S. §41-1026, valid for only 90 days (Supp. 91-3). Emergencyrulere-adoptedwithout change effective December 16, 1991, pursuantto AR.S. §41-1026, valid for only

90 days (Supp. 91-4). Emergency expired; textdeleted (Supp. 93-1). New Section adopted effectiveNovember 15, 1993 (Supp. 93-4). Amended effective December7, 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 t

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### Table of Contents

1. 

### Quality Assurance.
2. Siting of Air Monitoring Stations
. 3. Sampling Probe Installation 

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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 2

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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). Atraceability 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 Aone-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

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### deviations from the ,nonnal operational mode. If a precision check is llde 

### in conjunction with a zero/span adjustment, itmust 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' N0

### 2, 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

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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 exceptiongiven 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 Oirector may be selected. The collocated samplers must be within 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

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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 m 3

/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 sulfite

## reM 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 N0

### 2 /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

.**.~'~.** ", .5-1.5 3.0-5.0 

# ·-'

'..



# '" .•. ...



# . .

.. \

, :

.... '..

,.. ,The 

### above equivalent ambient Pb concentratiOns are based on sampling at 1.7 m 3 /m1n. for 24 hours on 20.3 x 25.4 em (8 inch x 10 inch) glass f1ber f11ters.

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 overtheentire

calendar quarter. 'fhe percent d1ffere;ce bet\'Ieen the audit 

### 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 pollutant. Oirections 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)

10



# L \"'X,**.:-~ -~.~r""** 

. '.

" <
.

V

......

,/ 7' 

### "



# --'

### 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 

### d

j 

### =!**~** 

### 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 5when 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= n1

### d1 + "2

### d 2 +

... + 

# "lj + nkd k n1 + "2 + ••• + "j + ••• +**~k**

11 (4a)



## J 

# ..

. ;.

...... 

### ,

# I I

\ ! 

# )

. 2 2 2 2 

### Sa

# -nl - 1) S + 

### ("2

- 1) 

### S2 + ••• + 

### Cn-l) Sj + ••• + 

### (nk - 1) Sk 

### n

l + 

### n 2 + ••• 

### nj + ••• + 

### n k - k



### For each pollutant, calculate the 95 percent probability limits for the precision of a reporting network using equations 6 and 7and record these limits on the frontofForm 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 1where Y i 

### is 

### the analyzer's indicated concentration from the i-th audit check and Xi is the known· concentration of the audit gas used for the i

### -th audit 

### 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 kanalyzers measuring a given pollutant audited**~urin9** 

### the quarter. (8)
12 

### (Sa)



# ....

. t··

.

••**~ ~!"".I'** 



### "

...,.,'

.



# ..J..........



### 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 

# l

"

, 

# '"

' 

## " '"



# ",

.. -, . I., " ./

", ....., ,.,..,. ,\:.



# .J \ .' , '

.' '

"**·4~·"'-··**...-,"'\
,



### 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 .,. "'::.

. .....**~**



### ...........; 

### '. '.**.~'**

## .



# ., .;;

# I ...,....



### 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

v··'·

. " r ".' \.

.:**~,-"**



### - \

'.

.....,

'.-"



# .J

### 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' N0

### 2, 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 probabil1ty 1 imits for the accuracy of the network using equations 6 and 7and 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

:.,\ . • f, ".**_~.** '" I \... 

### -\

..

......

### accuracy at each audit level. Record these data on Forms 1and 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. 3or 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 fo l" 

### 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' N0

### 2, 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 ARIZONADlPAIlTIIINTOfHEALTH SEIMCES • f)MSION OFEfMRONMENTALHfALTH SERVICES 

### AIRQUALITY DATAASSESSMENT REPORT FORM 1 

# co ,1:]**~OFRE~~~ ~** ____________ •

_____________________ _

N



### ..... ...**~(:tsIQN** AUTOMA1EDANALYZERS 

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## co 

# a-.'-I []--I-]--]

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NOz 

# n--r] ITI I

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## [--IT] 

# r I .1 ,. 1 03

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# I I I

# J [ I

# J I**4~** '·10 ACCURACY-AUTOMATEDANALYZERS

AUDII' GAS NUMBER POUUJA!!!... SOURCE'**~** LEVEL 1 PROIA8UTYUMITS LEVEL3 1.£VEL4



### co 

# 0 IT], "
I " I

## ~I __

## ~.**--l--.L-..+-L-~.....J** 19 20.21.......... _...... _ ...

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### ''=

.....

# ~.---1...-....L--t----L--'----- I. »·25 .,,--

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# E:J**~ ~~.~_:L--~~--;-~--~~~** 

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# D IT] I I " I " "l"

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- •• 'A·HIlS**~**SRM c·OllIe. 1'cM1IIifyVendor,CO E.0.'"(1dIInItfrVendarlo. •.EMSLu.- G.a 0

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### .... //' ./ ! .... t. ",
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# I ARRONA DEPARTIIIENTOF HEALTHSERVICES • DIVISIONOF ENVIRONMENTALHEALTH 8ERVICES FORM2 YEM GUMmt 

### AIR QUAUTY DATAASSESSMENT REPORT 

# CIJO

'2 3
...wEOF REPORTING ORGANIZATION NETINORK,

_______________ _ 

# -.. CGLOCA1ID LMf 

# -- NUMBER COLDCA1IDPRECISIONMANUALMETHODS 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

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N02 

# rnrnllll30

.!I 1·7 

# ...

Pb 

# rnrnllll15

4·5 17 1.'0' ACCURACY-MANUALMETHODS 1YPE NUMIIEII PROIIA8IJTY UlllIIS POlLUTANT SAMIUR' AUDIIS



## -- --

## ---- ---- UWt.2 LEVEL 1

T5P 

# OITJ

19 20·21

. lEVEL3

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,,'-tAutGmabC FlowConIroI C •WithCriIiI*OriliceFlowControl 'A

. WillIA_ICFlowConIroi 

# 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 ManUi1 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 CalculationforData 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

### rections 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: 

### Y f • 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 

### (i j ), 

### using equation 

### 2, and the standard deviation 

### (Sj)' using equation 

### 3. _ n d

j =

## 1 E

..d1 (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 =

### d j - 

### 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 1where 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 aud1t 

### check.
For each instrument. calculate 'the quarterly average d j 

### 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 d j • 

### 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 

## =d j + 

### 1.96**Sj/~-** 

### lower 95 

### Percent Probability Limit 

## =d j - 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 d j 

### for each high vol

... sampler and for 502, N0

## 2 ' and Pb analysis using equation 1where Y

i 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 d j 

### 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. Asecond 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- " IS-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 EtJVmONMENTAL 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 Weight ll 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 Di

### oxide 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~** 

### continuous measuremeitt of the opacity 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 i



## ....,.j --- f';**:~.** ;



### .**1~( ~.'.** 

# ~~:J~**";!'''~~~**

# ,:J.¥~

..**~**.. -. '

### 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

.. ......,**,""'~.....,.**

### AppendixC

Maricopa CountyRulesto beincorporatedintotheSIPSECTION 500 - MONITORINGAND RECORDS
501 REPORTING REQUIREMENTS: The owner and/or operator ofany air pollution source shall maintain records ofall emissions testing and monitoring, records detailing all malfunctions which may cause any applicable emission limitation to be exceeded, records detailing the implementation ofapproved control plans and compliance schedules, records required as acondition ofany permit, records of materials used or produced, and any other records relating to the emission ofair 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 ofasource requested to submit information under Section 501 ofthis rule may subsequently be required to submit annually, or at such intervals specified by the Control Officer, reports detailing any changes in the nature ofthe source since the previous report and the total annual quantities of

. materials used or air contaminants emitted.
503 EMISSION STATEMENTS REQUIRED AS STATED INTHE ACT: Upon request ofthe Control Officer and as directed by the Control Officer, the owner and/or operator ofany source which emits or may emit oxides ofnitrogen (NOx) or volatile organic compounds (VOC) shall provide the Control Officerwith an emission statement, in such form as the Control Officer prescribes, showing measured actual emissions or estimated actual emissions of NOxand 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 Gofthese 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 ofthe company thatthe information contained in the statement is accurate to the best knowledge ofthe 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 ofany source which emits less than 25 tons peryear ofoxides of nitrogen orvolatile 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 ofsummarizing 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 afterthe date on which the information is recorded or the report is submitted. Non-Title Vsources may retain such information, records, and reports for less than five years, ifotherwise allowed by these rules.
505 ANNUAL EMISSIONS INVENTORY REPORT:

### 505.1 Upon request ofthe Control Officer and as directed by the Control Officer, the owner and/or operator ofa 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 afterthe 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.


### 505.2The annual emissions inventory report shall be in the format provided by the Control Officer.


### 505.3The Control Officer may require submittal ofsupplemental emissions inventory information forms for air contaminants underARS §49-476.01, ARS §49-480.03, and Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program ofthese rules.

### AppendixD

Pima CountyRulesto be incorporatedintotheSIP17.12.040 - Reporting requirements.
A.

8. The owneroroperator ofany source shall reportto the Control Officer any emissions in excess ofthe limits established bythis Chapter orthe applicable permit. The report shall be in 2 parts as specified below: 1.

2. Notification by telephone orfacsimile within 24 hours ofthe time the owneror operatorfirst learned ofthe occurrence ofexcess emissionsthat includes all available information from subsection (8).

Detailed written notification by submission ofan excess emissions report within 72 hours ofthe notification undersubsection (1).

The excess emissions report shall contain the following information: 1.

2.

3.

4.

5.

6.

7.

8. The identity ofeach stack orotheremission pointwhere the excess emissions occurred;

The magnitude ofthe excess emissions expressed in the units ofthe applicable emission limitation and the operating data and calculations used in determining the magnitude ofthe excess emissions;

Thetime and duration orexpected duration ofthe excess emissions;

The identity ofthe equipmentfrom whichthe excess emissions emanated;

The nature and cause ofthe emissions;

The stepstaken, ifthe excess emissionswerethe result ofa malfunction, to remedythe malfunction and the stepstaken or planned to preventthe
recurrence ofthe malfunctions;

The stepsthatwere orare being taken to limitthe excess emissions; and

Ifthe source's permit contains procedures governing source operation during periods ofstartup or malfunction and the excess emissions resulted from startup or malfunction, a list ofthe steps taken to complywith the permit procedures.

### c. In the case ofcontinuous or recurring excess emissions, the notification requirements ofthis Section shall be satisfied ifthe source provides the required notification after excess emissions are first detected and includes in the notification
an estimate ofthe time the excess emissions will continue. Excess emissions occurring afterthe estimated time period'orchanges in the nature ofthe emissions
asoriginally reported shall require additional notification pursuantto 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 ororder, any source ofair contaminants to monitor, sample, or perform otherstudies to quantify emissions ofair contaminants
or levels ofair pollution that may reasonably be attributable to thatsource ifthe control officer makesthe written determinations required by eithersubsection 8 or subsection C ofthis section and ifthe control officereither: 1.

2.

3. Determinesthat monitoring, sampling, orother studies are necessaryto determinethe effects ofthe facility on levels ofair pollution.

Has reasonable cause to believe a violation ofthis title ora permit issued pursuantto this title has been committed.

Determinesthatthose studies ordata are necessaryto accomplish the purposes ofthis title, and thatthe monitoring, sampling, orother studies by the source are necessary in orderto assessthe impact ofthe source on the emissions ofaircontaminants.

The control officer shall, by permitororder, require sources ofair contaminants for which ambient air quality standards oremission standards ordesign, equipment, work practice oroperational standards have been adopted pursuantto AR.S. 49-424
orAR.S. 49-425, subsection Ato monitor, sample, or otherwise quantifytheir emissions orair pollution which may reasonably be attributed to sources ofsuch air contaminants ifthe control officerdetermines in writing that all ofthe following conditions are met: 1. The actual or potential emissions ofair pollution may adversely affect public health orthe environment; andC.

D.

E. 2.

3.

4.

5. An adequate scientific basis forthe monitoring, sampling, orquantification method exists; and

The monitoring, sampling, orquantification method is technicallyfeasiblefor the subject contaminant and source; and

The monitoring, sampling, orquantification method is reasonably accurate; and

The cost ofthe method is reasonable in light ofthe useto be made ofthe data.

The Control Officer may, by permit ororder, require sources ofair contaminants not described by subsection B ofthis section to perform monitoring, sampling orother quantification ofits emissions orair pollution that may reasonably be attributed to such source ifthe control officer determines in writing that all ofthe following conditions are met: 1.

2.

3.

4.

5. The actual or potential emissions ofair pollution may adversely affect public health orthe environment; and

An adequate scientific basis forthe monitoring, sampling, orquantification method exists; and

The monitoring, sampling, orquantification method is technicallyfeasible for the subject contaminant and source; and

The monitoring, sampling, orquantification method is reasonably accurate; and

The cost ofthe method is reasonable in light ofthe use to be made ofthe data.

Before requiring such monitoring, sampling, orother quantification by permit ororder, the control officer shall considerthe relative cost and accuracy ofany alternatives which may be reasonable underthe circumstances such as emission factors, modeling, mass balance analyses, oremissions projections.Orders issued or permit conditions imposed pursuantto this section shall be appealableto the hearing board in the same manneras 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 ofemitting an air contaminantto the air or is violating a provision ofthe Title, a permit condition, ora requirement ofa conditional order issued according to this title, he may require in writing that such person produce all existing books, records, orotherdocuments which might reasonably contain evidence needed to determine compliance or noncompliancewith this title. Such information shall be supplied to the control'officer promptly upon request or in accordancewith other conditions stated herein.

(Ord. 1993-128§ 6 (part), 1993)

17.32.010 - Statejurisdiction.
Pursuantto A.R.S. Section 49-465, the Director ofthe Arizona Department of Environmental Quality and the Governor ofArizona have exclusivejurisdiction over any air pollution conditions which constitute an emergency riskto the public health. Orders ofthe Governorduring any emergency episode condition in Pima County shall be enforced bythe control officer.

(Ord. 1993-128§ 8 (part), 1993)

17.32.020 - Determination ofemergency conditions.
A. When the control officerdeterminesthat high concentrations ofpollutants in the ambient air and/orweather conditions constitute an emergency risk to persons in the county, such determination shall be communicated promptlytothe public and to the Director ofthe Arizona Department of Environmental Quality. 1.

2. Criteria used fordetermining an emergency shall include the air pollutant concentration levels listed in Table 17.32.020.

Possible episode conditions shall includethe 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 theB. 3. significant harm level ofair pollution. (Significant harm means increased morbidity or irreversible, incapacitating damageto the health ofthe citizenry.)

Weatherforecasts ofconditions which are likelyto produce unusually high concentrations ofair pollutants in a large area shall be communicated to the publicwhen deemed appropriate I;>y the control officer.
Upon the recommendation ofthe Director ofthe Arizona Department of Environmental Quality, the Governor ofthe state may, by proclamation, declarethat
an air pollution emergency exists in a specific area and may order appropriate curtailments ofemissions as specified in 40 CFR 51, Appendix Lto eliminatethe emergency in the affected area. (Ord. 1993-128§ 8 (part), 1993)

17.32.030 - Emergency episode reporting.
A.

B.

C. During any stage ofan air pollution episode in the county, the control officer shall redirect available resources toward a prearranged plan ofairqualitY monitoring, reporting, and communication of information to the Arizona Department of Environmental Quality.

Such plan shall include (as directed by the DirectorofADEQ) collection and analysis ofair pollutantdata at intervals morefrequentthan normal, and continual analysis of local weather reports and forecasts.

A written report ofthe airquality levels before, during, and afterthe episode condition shall be forwarded to the ADEQ Directorwithin oneweek ofthe episode. (Ord. 1993-128§ 8 (part), 1993)

17.32.040 - Enforcement actions
A.

B. Depending on the severity ofan air pollution episode, the Governor ofthe state may prohibit or restrictvarious emission source activities in the affected area forthe duration ofthe episode. Such prohibitions or restrictions may includethe enforcement actions listed in Table 17.32.040 and in 40 CFR 51, Appendix L.
During any stage ofan air pollution episode in the county, upon the request ofthe Director oftheArizona Department ofEnvironmental Quality, the control officer shallredirect available staffto assistADEQ staff in eliminating the episode condition, according to a prearranged plan. 1.

2. Such plan shall include increased surveillance ofemission sources, possible suspensions ofexisting air pollution permits, and enforcement ofspecial emission limiting actions.
Mandatory prohibitions or restrictions imposed bythe Director oftheArizona Department of Environmental Quality shall be implemented by the control officer upon the request ofthe ADEQ director. (Ord. 1993-128§ 8 (part), 1993)AppendixE



### AuthorizingStatutes49-104. Powers and duties ofthe department and director A. The department shall: 1. Formulate policies, plans and programs to implementthis title to protect the environment. 2. Stimulate and encourage all local, state, regionaland federal governmental agencies and all private persons and enterprises that have similar and related objectives and purposes, cooperate with those agencies, persons and enterprises and correlate department plans, programs and operations with those ofthe agencies, persons and enterprises. 

### 3'. Conduct research on its own initiative or at the request ofthe governor, the legislature or state or local agencies pertaining to any department objectives. 4. Provide information and advice on request ofany local, state or federal agencies and private persons and business enterprises on matters within the scope ofthe department. 5. Consult with and make recommendations to the governor and the legislature on all matters concerning department objectives. 6. Promote and coordinate the management of air resources to assure their protection, enhancement and balanced utilization consistent with the environmental policy ofthis state. 7. Promote and coordinate the protection and enhancement ofthe quality ofwater resources consistent with the environmental policy ofthis state. 8. Encourage industrial, commercial, residential and community developmentthat 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 ofthis chapter and chapters 2 and 3 ofthis title. 11. Promote and recommend methods for the recovery, recycling and reuse or, if recycling is not possible, the disposal ofsolid 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 ofthe storage, handling and transportation ofsolids, 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 ofthe department's duties and that relate to quality of life, trade and economic development in this state in a mannerthat will help the Arizona-Mexico commission to assess andenhance the economic competitiveness ofthis state and ofthe 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 forthe services ofoutside advisers, consultants and aides reasonably necessary or desirable to enable the departmentto adequately perform its duties. 2. Contract and incur obligations reasonably necessary or desirable within the general scope of department activities and operations to enable the departmentto 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 ofthis title. 5. Contract with other agencies, including laboratories, in furthering any department program. 6. Use monies, facilities or services to provide matching contributions under federal or other programs that further the objectives and programs ofthe 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 ofthis 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 ifthe 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 ofthe examination, the department shall provide to the owner or operator a copy of any report produced as a result ofany examination ofthe 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, ifthe director determines that owning, leasing or operating is necessary for the public health, safety or welfare. 10. Adopt and enforce rules relating to approving design documents for constructing, improving and operating sanitary engineering and other facilities for disposing ofsolid, liquid or gaseous deleterious matter. 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

2capacity 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 departmentfor review and that no lots in any subdivision be offered for sale before compliance with the standards and rules has been demonstrated by approval ofthe design documents by the department. 12. Prescribe reasonably necessary measures to prevent pollution ofwater 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 ofthe department of health services and shall be consistent with the rules adopted by the director ofthe 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 ofsewage borne or insect borne diseases. The rules shall: (a) Prescribe minimum standards for the design ofsewage 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 ofany 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 ofa fee as a condition of licensure. Afterthe effective date ofthis amendment to this section, the department shall establish by rule a fee as a condition of licensure, including a maximum fee. As part ofthe rule making process, there must be public notice and comment and a review ofthe 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

3deposited, 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 oftitle III ofthe superfund amendments and reauthorization act of 1986 (P.L. 99-499) and title 26, chapter 2, article 3. 16. Approve remediation levels pursuant to article 4 ofthis chapter. 17. Establish or revise fees by rule pursuant to the authority granted undertitle 44, chapter 9, article 8 and chapters 4 and 5 ofthis title for the departmentto 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 ofthe 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 ofthe applicable regulatory program. (b) The availability of other funds for the duties performed. (c) The impact ofthe 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 ofall 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 ofaSSisting the department in reviewing applications for licenses, permits or other authorizations to determine whether an applicant meets the criteria for issuance ofthe license, permit or other authorization. Ifthe department contracts with a conSUltant underthis paragraph, an applicant may request that the department expedite the application review by requesting that the department use the services ofthe consultantand by agreeing to pay the department the costs ofthe 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. Ifthe director has reasonable cause to believe that a violation ofany 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 ifa 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.

449-106. 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 limitthe authority of local governing bodies to adopt ordinances and rules within their respective jurisdictions ifthose ordinances and rules do not conflict with state law and are equal to or more restrictive than the rules ofthe 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 ofvisibility 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 ofthe 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 ofthe 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 ofthe air pollutant. The director shall evaluate and adopt revisions to the plan in conformity with federal regulations and guidelines promulgated by the administrator for those purposes until the rules required by subsection 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 ofthis section on behalf of elected officials of affected local government, the county air pollution control department or district, and the department oftransportation 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 ofthis section, the department, the planning agency certified pursuant to subsection A ofthis section on behalf of elected officials of affected local government, the county air pollution control department or district, and the department oftransportation shall determine

5which 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 ofthis section on behalf of elected officials ofaffected local government, the county air pollution control department or district, and the department oftransportation shall enter into a memorandum of agreement for the purpose of coordinating the implementation ofthe procedures described in subsection C and D ofthis section. F. At a minimum, the memorandum ofagreement shall contain: 1. The relevant responsibilities and authorities of each ofthe 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 ofcontrol 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 ofthe plan. (f) Monitoring data. G. Each agency that commits to implement any emission limitation or other control measure, means ortechnique contained in the implementation plan shall describe that commitment in a resolution adopted by the appropriate governing body ofthe 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 ofthe limitation or measure. 3. The level of personnel and funding allocated to the implementation ofthe measure. H. The state, in accordance with the rules adopted pursuant to section 49-404, and the governing body ofthe 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.

6I. After adoption of a nonattainment or maintenance area plan, if on the basis of the reasonable further progress determination described in subsection Fofthis 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 ofthis section, the control officer shall issue a written finding to the person; and shall provide an opportunity to confer. Ifthe control officer subsequently determines that the failure has not been corrected, the county attorney, at the request ofthe 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 Fofthis section or other information, the director determines that any person has failed to implement an emission limitation or other control measure, means ortechnique as described in the resolution adopted pursuant to subsection G ofthis section, and that the control officer has failed to act pursuant to subsection I ofthis section, the director shall issue a written finding to the person and shall provide an opportunity to confer. Ifthe director subsequently determines that the failure has not been corrected, the attorney general, at the request ofthe 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 ofthis 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 ofthe 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. Ifthe 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 ofair contaminants originating within the territorial limits ofthe state or any portion thereofand shall adopt, modify, and amend reasonable standards for the quality of, and emissions into, the ambient air ofthe 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 afterthe director first holds a public hearing aftertwenty days' notice ofsuch hearing. The proposed rule, or any proposed amendment ofa rule, shall be made available to the public at the time of notice ofsuch hearing. C. The department shall enforce the rules adopted by the director.

7D. All rules enacted pursuant to this section shall be made available to the public at a reasonable charge upon request.

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