1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA ’ s Rulemaking

for the

Arizona State Implementation Plan

Arizona Revised Statutes § 49

- 424

Prepared by: Nancy Levin

October 31 , 20161

RULE IDENTIFICATION Agency Arizona Department of Environmental Quality

SIP Approved

Rule A.R.S. Title 49

- 424. Duties of the department.

Effective: August 24, 2012

Submitted : August 24, 2012 EPA Approved : November 5, 2012 (77 FR 66398)

Subject of this

TSD A.R.S. Title 49

- 424. Duties of the department.

Effective: April 18

, 2014

Submitted: December 21, 2015

Completeness Finding Determination of Completeness letter: March 21, 2016

BACKGROUND The previous SIP

- approved version of ARS §49

- 424 established requirements for the Arizona Department of Environmental Quality to conduct activities to regulate air pollution in the state.

RULE SUMMARY

A.R.S. Title 49

- 4 24 Duties of the department

This Statute requires the Arizona Department of Environmental Quality (ADEQ) to establish and run an air pollution control program , including establishing air pollution control districts (APCD ).

A summary of the duties of the department are as follows:

1. Determine whether air sheds can be reasonably identified and whether air pollutio n can be controlled by establishing air pollution control districts within well

- defined geographical areas.

2. Make continuing determinations of the quantity and nature of emissions of air contaminants

, topography, wind, temperature conditions, possible atmospheric chemical reactions , economic development, the use, feasibility and economic impact of air control devices, the effect on human health and property, the effect on industry and other matters to better understand air pollution

and control.

3. Establi sh exceptional event policies with the planning agency (per 49

- 406(A)) and the APCD, taking into account the stat e’ s unique circumstances.

4. Determine health based standards

, transmit minimum standards to county boards of supervisors.

5. Conduct investigation s, inspections and tests to carry out the duties of this section

. 6. Hold hearing and compel the attendance of witnesses and production of records (per 49

- 432).

7. Develop air pollution control plans.

8. Encourage voluntary cooperation with p ersons, groups or other states.
9. Encourage political subdivisions to handle air pollution problems in their jurisdictions, and provide technical and consultative assistance as necessary.

10. Compile and publish reports, data and statistics related to this section.

11. Develop and dissemi nate air quality dust forecasts for PM 10 nonattainment or maintenance areas.2

Changes from prior SI P

- approved rule (Additions in CAPS ; deletions in strikeout )

 Section 2. Make continuing determination s of the quantity and nature of emissions of air contaminants, topography, wind and temperature conditions, possible chemical reactions in the atmosphere, the character of development of the various areas of the state, the economic effect of remedial measures on the various areas of the state, the availa bility, use and economic feasibility of air

- cleaning devices, the effect on human health and danger to property from air contaminants, the effect on industrial operations

of remedial measures and other matters necessary to arrive at a better understanding of air pollution and its control. In a county with a population in excess of one million two hundred thousand persons

a ccording to the most recent United States decennial census , the department shall locate a monitoring system in at least two remote geogra phic sites.

 Section 11. Develop and disseminate air quality dust forecasts for the Maricopa county PM 10 nonattainment OR MAINTENANCE area AND ANY OTHER PM 10 NONATTAINMENT OR

MAINTENANCE AREAS THAT ARE DESIGNATED IN THIS STATE FROM AND AFTER DECEMBER 31, 2011. Each forecast shall identify a low, moderate or high risk of dust generation for the next five consecutive days and shall be issued by noon on each day the forecast is generated. At a minimum, the forecasts shall be posted on the department's website and distributed electronically. When developing these forecasts, the department shall consider all of the following: (a) Projected meteorological conditions for the Maricopa county PM 10 NONATTAINMENT OR MAINTENANCE

area, including all of the following...

EVALUATION CRITERIA The following criteria were used to evaluate the submitted rule.

1. Enforceability

- The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the Little Bluebook (Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA §110(a)(2)(A) requ irement for enforceabilit y. 2. Stringency

– Nonattainment areas are required to demonstrate reasonably available control measures (RACM) , including reasonably available control technology (RACT) . CAA Section 172(c)(1) requires that each attainment plan “provid e for the implementation of all reasonably available control measures as expeditiously as practicable (including such reductions in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, of reasonably available c ontrol technology), and shall provide for the attainment of the national primary ambient air quality standards.” RACM findings are generally made in

context of an overall attainment demonstration. RA CT finding are generally made for rules that

contain cont rol measures or limits

. 3. SIP Relaxation

- CAA § 110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA § 193 prohibits the modification of any SIP

- approved control requirement in effect before November 15, 1990, in a

nonattainment area.

EPA EVALUATION

A summary of our evaluation of the t hree criteria follows.

1. Enforceability

- T he rule revisions regarding development of air quality dust forecasts are clear and specific. The revision extends the current requirement to prepare a forecast for the Maricopa county PM 10 nonattainment area, by adding “or Maintenance area.” It also exten ds the requirement to include any o ther nonattainmen t areas designated after December 31, 2015. These3

and other provisions sufficient ly ensure that affected sources and regulators can evaluate and determine compliance with ARS §49

- 424 consistently as requi red by CAA §110(a)

.

2

. Stringency

– This is an administrative rule. Therefore, we are not evaluating it for RACM or

RACT.

3. SIP Relaxation: We propose to determine that our approval of the submittal would comply with

CAA §§ 110(l) and 193 because (1) the proposed SIP revision would not interfere with the on

going process for ensuring that requirements for RFP and attainment of the NAAQS are met, and (2) the requirements in the submitted rule are more stringent than the e xisti ng SIP

- approved requirements that they would replace.

EPA ACTION

The submitted ARS 49

- 4 24 strengthens the SIP

. The rule largely fulfils the relevant CAA §110 and part D requirements. Therefore, EPA staff recommends approval of ARS 49

- 424 pursuant to CAA §110(k)(3) and §301(a).

REFERENCES

1. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.

2. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.

3. Arizona Department of Environmental Quality 2015 West Pinal Moderate PM 10 Nonattainment
Area SIP, Appendix G , Air Quality Division, December 21, 2015 Final.