### Mr. \y'ayne**N~.** 

### Region.lt1 

## Adtni$trator
. 

## U

. S. '&Y1romneiltal Protedion A,gc:1cy

. 

### RegiOn 

## IX Mail (X)de:·ORA.l 

## 75 

## Hawthome S1teet**San~CA9410'** 

### , 

## '

. ' "' A GE 0

. 

### / 1 

# .7 64 4 2

. 2

L

-=t

om

### t-J~ 

# m.)(.. RI ZONA EPA**TM** 

# Of 

# VIRO E T L UAll TY I ENKE : TAX

1.110 

### W est Wmhlngto h

. Street • 

### M!oenb c.**~J Ql'J**  Jl§007 

### ( 602) ' 711- 2300**www .azd** 

' 0 \ • • • • janet Nal'ofIian o**tiO'VtJ'no**



### June 

### 1 3, 2007 68/28/2667 67:57 5267 432393 

## Aug, 

# 2 8. 2 007 4 :**21 P,**  

# \ ' I

. ! ' 

### I 

## I 

# I
! 

# I ! 

### , 

# I

t 

# I ! 

# l I I 

## j i

# !

I 

# ! l

'

. 

### Re. 

## Submittal of tho 

### Big1It.Hour 0z0D 

### Plan 

### for th e Maricopa C01Ult1 

### Nona'ttaimnem 

### Are'a Dear 

## Mr. Nas1ri ; 

## Consistent wi th 

### 1h'V 

## pmvmons 

## of 

## ArizoJ1a R8vis8d St8mtes- § § 

### 4 9

-104 ·;· 4 9-404**!I rl** **~lo5UR** 

## 1 and the 

## Code ofFedera1 

## Regulations, T Itle 40, § § 

## SI.1 0 2 tbl ough 

## S 1. 1 04 and

. A

ppeJ!4tx V to 

### Pan 

### 51, the Arizona 

### Departrno.nt 

### ofED.vironm eD1al Qu ality (AD !Q) h by 

### adopts.and 

### submits 

## to the 

### U.S. 

## &v.tronm.emal Protection 

## (EP A). tbe Ei gbt -HfJ&I7"Ozom ' Maintwmet. 

### P.lanfor 

### the 

## Mnopa CQumy**ona tJai**  

### Ar ea fj irll s} 

### 1 007, fW 

### a I evi sio n 

### to 

## the .Arlzcma State**Im~eDlltion** 

## Plan ( SIP) to meet

### IU'I1 

## 15 , 2fJ01.**sub m~**  

## d t'

adlino. 

## Purswmt to 

## Alt S. §49-406, 

### tbe 

## plm was devel oped by 

## the 

## Mari liOPa. AssocJat{on. 

### of Go V emJDeDlB 

### (MAG).

. OJi.l une 

## I S; 2004 •
. EPh

### P~**poIti~** C?f Maricop a

### p~**~o~ 's** **.lJIiciglrt- hour** **ozOM. nonattainm~**  

# area.: Cl.Ai fM**~~** 

### a 

## tq**Sl lb**  

### to EPA 

### June**l~** 

### 20Q7

. showing 

### auain ZI)ent of the



### - ei ght-hO Ur 02i0:D e 5tandai d iD**th** 

## Marico pa Noitattainmeat Are ! , . 

# Th.e plan.D1tlS t 

### dQIQOnstmte 

# that W41ro l**=sm** 

### have UnPten:iP.nte d and tht ! 

### wil l be 

## m et by 

### the tnd 

## ofthe**:ZOO8 '~** **eas** 

## sp e

cifically. b y 

## S e

ptember 30th. AIl 1h e**~~bed** 

### plan 

### d daijs, air quality 

### mo.nitor s not record ed 

### any. vi olatioDs of the ei ght· 

## hour**~e** 

## st8r1&u-d in 

## 2 0M or

## 2006

. M Me o'\le1' , the 

### mod e

ling and 

### weight 

## of**ev** 

### tmalyseE

. p lan 

### pNpBt'ed by 

### MA G conclude that a ttainm ent 

### of 

### the eight-hour 

### sbt ll d ard 

## wil l OOCU( 

## by the , : ' of 

## the 2008 

## o zone season. I

## I' I 

# I

I I

i 

### I 

# I 

# I
r 

# I I I 

# I

I . N orthc m R ei io na l O ffic e S

Ol W, Rol,lw 66 ' S u i

te 1 17 • F ta.e ,taff , AZ 8 6001 I S le) 77 9-03 1:1**IJ** , r ll R eg ! Q r , a ( l" f,.: e 4 00 W est**Co ngre** **5~** St reet

. S\l it

e 4 ; 1 • Tu e t o "

. Al li S 7", 1 ( S 2 0) 6 23'-6 7 3J

### Whil<l 

## ADEQ recognizes 'tQ1ime, 

## dop of**~J** 

### and**oo~J~ of~hnica1-wysU**  

### mvolwd 

### in :MAO's development 

### ofthis 

### plsd, ADBQ nevertheless has 

### cou=ns about tho 

### emisSionf$ inventory, 

### attairxnwnt**dcm~tion** 

### lUodeling. fhe weight of tvid=ce analysis, 

### and

# tack ofnew control DJ.eaSlUe3 

## in the plan 

## in li gh t ofil£ 

### x'clience <m 

### a lrtatistiea , . 

## of 

## 0.0003 ppm 

## to demonstrate attainment 

## ADEQ 

## expresBed thIlse conct13JB 

## 10 MAG in 

## a letter dated.June 4, 2001, 

### a copy ofwbioh 

### is 

## included with fhis 

### sobmittaL ADEQ 

## will workwith 

### MAG 

## 11l1d EPA to 

### supplement the plan to 

### to 

### EPA's upcoming**~emaking** GQnoe:rning 

### its ImpJ.emezrtatlon 8tmtegy 

### fur J.Hour O7mle**no~** 

### area& 'and 

### to add!BIIS 

### ADBQt s 

### remaining

If 

### yQu have any questions, pl we do 

## not hesitate to oont8Ct 

### Nancy Wrona, 

## Diretto r, Air Quality**Divisi~** 

### at 

### (602) 771·2308. 

### Enclosure 2 

## is the SIP C<Jmpleteness 

## Cheek1ist. Enc1ofnU'D 3 contains :B .ve caples (lithe 

## EightHour Ozone PIMP 

# * Marltopa COW'll)' 

### NOlUJ'ituinntem Ana 

### [JUII«] 

## 2007, for Y,011f 

### and 

### aeti011. P AGE 82 

# ) 3 '0,7 6

44 W

I E

N

K

E : TAX



### Administntor W aYM 

## Nastri June, 

### 13,20 0 

## P

age 2 88/28/2887 e7:57 5287432393 

### A 

## g.lH, ZUU I 

## 4: 21 PM l '

.. ,I ..., ; I I i i I t I 

### I I 

# I 

# I I


# . j 

# I i 

# I I. I 

# ! i 

## ! 

# I I 

### I 

### • : I j

I I • 

# i !



## En cl

osures (3)**C!** 

## Colleen McKau 

## EP It. 

### Don¢s Smith,**'W/~~I~** 

## MAG , : ' DOn**Gabri~~** 

### w/o 

### encloSures,

. 

## Pina19>untY Air 

### Quality 

### Co:mpl 

### Dt s t\ict**~~** 

# K iijd ,' 

# wio '**~l,~ 'Madcop~**  

# Co\l1\tY AU 

## ' QllalitY Depat'Il'Den t

• a 0 • • ' " • •

. ; . ..

! I I



### . I



# . I, 

### I ! , .. I • • • • • \



# . ..

## ENCLOSURE 1
Arizona Revised Statutes 

## §§ 49-104, 49-404, and 49-406

### Format Document 

# II A RS T ITLE PA GE NE XT DOC UM E NT P REVIOUS DO CU ENT 

### Page 1 of3

49-104,**~wers...and _.dYt!e5.-QLth~epartmentand**  d irectar A. The department shall: 1. Formulate policies, plans and programs to Implement this title to protect the environment

. 2. Stimulate and encourage all local, state, regional and federal governmental agencles and all private persons and enterprises that have similar and related objectives and purposes, cooperate with those agencies, persons and enterprises and correlate department plans, programs and operations with those of the agencies, persons and enterprises. 3. Conduct research on Its own initiative or at the request of the governor, the legislature or state or local agencies pertaining to any department objectives. 4. Provide Information and advice on request of any local, state or federal agencles and pr ivate persons and business enterprises on matters with in the scope of the department. 5. Consult with and make recommendations to the governor and the legislature on all matters concerning department objectives

. 6. Promote and coordinate the management of air resources to assure their protection, enhancement and balanced utilization consistent with the environmental policy of this state. 7. Promote and coordinate the protection and enhancement of the quality of water resources consistent with the environmental policy of this state

. 8. Encourage Industrial, commercial, residential and community development that maximizes environmenta l benefits and minimizes the effects of less desirable environmental conditions

. 9. Assure the preservation and enhancement of natural beauty and man-made scenic qualities

. 10. Provide for the prevention and abatement of all water and air pollution including that related to particulates, gases, dust, vapors, noise, radiation, odor, nutrients and heated liquids In accordance with article 3 of this chapter and chapters 2 and 3 of this title. 11. Promote and recommend methods for the recovery, recycling and reuse or, if recycling is not possible, the disposal of solid wastes consistent with sound health, scenic and environmental quality policies

. 12

. Prevent pollution through the regulation of the storage, handling and transportation of solids, liquids and gases that may cause or contribute to pollution. 13. Promote the restoration and reclamation of degraded or despoiled areas and natural resources. 14. Assist the department of health services In recruiting and training state, local and district health department personnel. 15. Participate In the state civil defense program and develop the necessary organization and facllitles to meet wartime or other disasters. 16

. Cooperate w ith the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development In this state In a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region. B. The department, through the director, shall: 1. Contract for the services of outside advisers, consultants and aides reasonably necessary or desirable to enable the department to adequately perform its duties. 2. Contract and Incur obligations reasonably necessary or desirable within the general scope of department activities and operations to enable the department to adequately perform Its duties. 3. Utilize any medium of communication, publicat ion and exhibit ion when disseminating information,

1:./ 1 A /" U \ {\ '7

### Format Document 

### Page 2 of3

advertising and publicity in any field of its purposes, objectives or duties. 4. Adopt procedural rules that are necessary to Implement the authority granted under this title, but that are not Inconsistent with other provisions of this title. 

### S. Contract with other agencies Including laboratories In furthering any department program. 6. Use monies, facilities or services to prov ide matching contributions under federal or other programs that further the objectives and programs of the department. 7. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for department services and publications and to conduct programs that are consistent with the general purposes and objectives of this chapter

. Monies received pursuant to this paragraph shall be deposited in the department fund corresponding to the service, pub lication or program provided. 8. Provide for the examination of any prem ises If the director has reasonable cause to believe that a violation of any environmental law or rule exists or Is being committed on the premises. The director shall give the owner or operator the opportunity for its representative to accompany the director on an examination of those premises. Within forty-five days after the date of the examination, the department shall provide to the owner or operator a copy of any report produced as a result of any examination of the premises. 9. Supervise sanitary engineering facilities and projects in this state, authority for which Is vested In the department, and own or lease land on which sanitary engineering facilities are located, and operate the facilities, If the director determines that owning, leasing or operating is necessary for the publlc hea lth, safety or welfare. 10. Adopt and enforce rules relating to approving design documents for constructing, Improving and operating sanitary engineering and other facilities for disposing of solid, liquid or gaseous deleterious matter. 11. Define and prescribe reasonably necessary rules regarding the water supply, sewage disposal and garbage collection and disposal for subdivisions. The rules shall: (a) Provide for minimum sanitary facilities to be Installed in the subdivision and may require that water systems plan for future needs and be of adequate size and capacity to deliver specified minimum quantities of drinking water and to treat all sewage. (b) Provide that the design documents showing or describing the water supply, sewage disposal and garbage collection facilities be submitted with a fee to the department for review and that no lots In any subdivision be offered for sale before compliance with the standards and rules has been demonstrated by approval of the design documents by the department. 12. Prescribe reasonably necessary measures to prevent pollution of water used In publlc or semipublic swimming pools and bathing places and to prevent deleterious conditions at such places. The rules shall prescribe minimum standards for the design of and for sanitary conditions at any public or semipublic swimming pool or bathing place and provide for abatement as public nuisances of premises and facilities that do not comply with the minimum standards. The rules shall be developed in cooperation with the director of the department of health services and shall be consistent with the rules adopted by the director of the department of health services pursuant to section 36-136, subsection H, paragraph 10

. 13. Prescribe reasonable rules regarding sewage collection, treatment, disposal and reclamation systems to prevent the transmission of sewage borne or Insect borne diseases. The rules shall: (a) Prescribe minimum standards for the design of sewage collection systems and treatment, disposal and reclamation systems and for operating the systems. (b) Provide for Inspecting the premises, systems and Installations and for abating as a public nuisance any collection system, process, treatment plant, disposal system or reclamation system that does not comply**httn /lwww** **.azleQ .~tate** **.A7. 1J~lFormRtnn** **~l1mpnt~f;m?innn(.=/a** 

### .. /.10Innl n.1 ht

.....**RTT~tl"' =IlQR.**  1:../1 II ruvv:

### Format Document Page 3 of3

with the minimum standards. (c) Require that design documents for all sewage collection systems, sewage collection system extensions, treatment plants, processes, devices, equipment, disposal systems, on-site wastewater treatment facilities and reclamation systems be submitted with a fee for review to the department and may require that the design documents anticipate and provide for future sewage treatment needs. (d) Require that construction, reconstruction, installation or initiation of any sewage collection system, sewage collection system extension, treatment plant, process, device, equipment, disposal system, on-site wastewater treatment facility or reclamation system conform with applicable requirements

. 14. Prescribe reasonably necessary rules regarding excreta storage, handling, treatment, transportation and disposal. The rules shall: (a) Prescribe minimum standards for human excreta storage, handling, treatment, transportation and disposal and shall provlde for inspection Of premises, processes and vehicles and for abating as public nuisances an'y 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. 15. Perform the responsibilities of Implementing and maintaining a data automation management system to support the reporting requirements of title III of the superfund amendments and reauthorization act of 1986 (P.L. 99-499) and title 26, chapter 2, article 3. 16. Approve remediation levels pursuant to article 4 of this chapter. C. The department may charge fees to cover the costs of all permits and Inspections it performs to Insure compliance with rules adopted under section 49-203, subsection A, paragraph 6, except that state agencies are exempt from paying the fees. Monies collected pursuant to this subsection shall be deposited In the water quality fee fund established by section 49-210. D. The director may: 1. If he has reasonable cause to believe that a violation of any environmental law or rule exists or Is being committed, Inspect any person or property In transit through this state and any vehicle in which the person or property Is being transported and detain or disinfect the person, property or vehicle as reasonably necessary to protect the environment if a violation exists. 2. Authorize In writing any qualified officer or employee In the department to perform any act that the director is authorized or required to do by law.**~/ll1l"'{\{\7**

### Format Document 

# II ARS TITL E PAGE N EXT O OC UMENT P REVIOUS D OCU MEN T 

### Page 1 of1

49-404.**Stgte....lnwJ~merlli!tiQn _plan**  A. The director shall maintain a state implementation plan that provides for Implementation, maintenance and enforcement of national ambient air Quality standards and protection of visibility as required by the clean air act. B. The director may adopt rules that describe procedures for adoption of revisions to the state implementation plan

. C. The state implementation plan and all revisions adopted before September 30, 1992 remain In effect according to their terms, except to the extent otherwise provided by the clean air act, Inconsistent with any provision of the clean air act, or revised by the administrator. No control requirement In effect, or required to be adopted by an order, settlement agreement or plan In effect, before the enactment of the clean air act In any area which Is a nonattalnment or maintenance area for any air pollutant may be modified after enactment In any manner unless the modification Insures equivalent or greater emission reductions of the air pollutant. The director shall evaluate and adopt revisions to the plan In conformity with federal regulations and guidelines promulqated by the administrator for those purposes until the rules required by subsection B are effective.



### http://www .azleg.state.az.uslFormatDocument.aso?inDoc =/ars/4QI00404 .htm.RrTitlp.=.:lQ.Rr 

### n F.IE./') (\(\7

### Format Document 

# II ARS TlTl E PAG E N EXT DO CU M EN T P REVIOUS DO CUMENT 

### Page 1 of2

49-406. 

### N01HlttalomenLare.a. plan A. For any ozone, carbon monoxide or particulate nonattalnment 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 nonattalnment or maintenance area for which no metropolitan planning organization exists, the department shall be certified as the agency responsible for development of a nonattalnment or maintenance area plan for that area. C. For any ozone, carbon monoxide or particulate nonattalnment or maintenance area, the department, the planning agency certified pursuant to subsection A of this section on behalf of elected officials of affected local government, the county air pollution control department or district, and the department of transportation shall, by November 

### 15, 1992, and from time to time as necessary, jointly review and update planning procedures or develop new procedures. D. In preparing the procedures described in subsection C of this section, the department, the planning agency certified pursuant to subsection A of this section on behalf of elected officials of affected local government, the county air pollution control department or district, and the department of transportation shall determine which elements of each revised Implementation plan will be developed, adopted, and Implemented, through means Including enforcement, by the state and which by local governments or regional agencies, or any combination of local governments, regional agencies or the state. E. The department, the planning agency certified pursuant to subsection A of this section on behalf of elected officials of affected local government, the county air pollution control department or district, and the department of transportation shall enter Into a memorandum of agreement for the purpose of coordinating the Implementation of the procedures described In subsection C and D of this section. F. At a minimum, the memorandum of agreement shall contain: 1. The relevant responsibJlltles and authorities of each of the coordinating agencies. 

### 2. As appropriate, procedures, schedules and responsibilities for development of nonattalnment or maintenance area plans or plan revisions and for determining reasonable further progress. 3. Assurances for adequate plan implementation. 

### 4. Procedures and responsibJlltles for tracking plan implementation. 

### 5. Responsibilities for preparing demographic projections Including land use, housing, and employment. 

### 6. Coordination with transportation programs. 

### 7. Procedures and responsibilities for adoption of control measures and emissions limitations. 8. ResponsibJllties for collecting air quality, transportation and emissions data. 

### 9. Responsibility for conducting air quality modeling. 

### 10. Responsibility for administering and enforcing stationary source controls. 11. Provisions for the timely and periodic sharing of all data and information among the signatories relating to: (a) Demographics. (b) Transportation. (c) Emissions Inventories. (d) Assumptions used in developing the model. (e) Results of modeling done in support of the plan. (f) Monitoring data.

£ 11 II I"f\f\'"'!

### Format Document Page 2 of2

G. Each agency that commits to implement any emission limitation or other control measure, means or technique contained In the implementation plan shall describe that commitment in a resolution adopted by the appropriate governing body of the agency. The resolution shall specify the following: 1. Its authority for implementing the limitation or measure as provided in statute, ordinance or rule. 2. A program for the enforcement of the limitation or measure. 3. The level of personnel and funding allocated to the Implementation of the measure. H. The state, In accordance with the rules adopted pursuant to section 49-404, and the governing body of the metropolitan planning organization shall adopt each nonattalnment or maintenance area plan developed by a certified metropolitan planning organization. The adopted nonattalnment or maintenance area plan shall be transmitted to the department for inclusion in the state Implementation plan provided for under section 49-404. I. After adoption of a nonattalnment or maintenance area plan, if on the basis of the reasonable further progress determination described in subsection F of this section or other information, the control officer determines that any person has failed to Implement an emission limitation or other control measure, means or technique as descrlbed In the resolution adopted pursuant to subsection G of this section, the control officer shall Issue a written finding to the person, and shall provide an opportunity to confer. If the control officer SUbsequently determines that the failure has not been corrected, the county attorney, at the request of the control officer, shall file an action In superior court for a preliminary Injunction, a permanent Injunction, or any other relief provided by law. 

### J. After adoption of a nonattalnment or maintenance area plan, if, on the basis of the reasonable further progress determination described In subsection F of this section or other information, the director determines that any person has failed to implement an emission limitation or other control measure, means or technique as described In the resolution adopted pursuant to subsection G of this section, and that the control officer has failed to act pursuant to subsection I of this section, the director shall issue a written finding to the person and shall provide an opportunity to confer. If the director subsequently determines that the failure has not been corrected, the attorney general, at the request of the director, shall file an action In superior court for a preliminary Injunction, a permanent injunction, or any other relief provided by law. K. Notwithstanding subsections A and B of this section, in any metropolitan area with a metropolitan statistical area population of less than two hundred fifty thousand persons, the governor shall designate an agency that meets the criteria of section 174 of the clean air act and that is recommended by the city that causes the metropolitan area to exist and the affected county. That agency shall prepare and adopt the nonattalnment or maintenance area plan. If the governor does not designate an agency, the department shall be certified as the agency responsible for the development of a nonattalnment or maintenance area plan for that area.

If: /1 A ' ", 1\ 1\ ..,

## ENCLOSURE 2
State Implementation Plan Completeness Checklist

### STATE IMPLEMENTATION PLAN COMPLETENESS CHECKLIST

Submittal of Eight-Hour Planfor the Maricopa Nonattainment Area June 2007

1

. SUBMITI AL LEITER FROM GOVERNORIDESIGNEE


### See cover letter.
2. EVIDENCE OF ADOPTION 

### See cover letter.
3. STATE LEGAL AUTHORIlY FORADOPTIONIIMPLEMENTATION 

### See Enclosure 1.
4. COMPLETE COpy OF STATUTE/REGULATIONIDOCUMENT


### See Enclosure 3.
5. WRITTEN SUMMARY OF RULEIRULE CHANGE 

### See Enclosure 3, Chapters4 and 5.
6. RULE CHANGES INDICATED BY UNDERLINING AND CROSS-OUTS


### Not applicable. 7. EVIDENCE THAT ARIZONA ADMINISTRATIVE PROCEDURE ACT REQUIREMENTS WERE MET FOR RULEIPLAN 

### See Enclosure 3, AppendixB, Exhibit2.
8

. EVIDENCE OF PUBLIC HEARING PER 40 CFR 51.102


### See Enclosure 3, AppendixB, Exhibit I.
9. PUBLIC COMMENTS AND AGENCY RESPONSE


### See Enclosure 3, AppendixB, Exhibit 1.


### 10. IDENTIFICA nON OF POLLUTANTS REGULATED BY RULEIPLAN


### Ozone precursors.

### 11. IDENTIFICATION OF SOURCES/AITAlNMENT STATUS
See Enclosure 3, Chapter 3.
12. RULE'S/PLAN'S EFFECT ON EMISSIONS
See Enclosure 3, Chapter 5.
13. DEMONSTRATION THAT NAAQS, PSD INCREMENTS AND RFP ARE PROTECTED
Enclosure 3, Chapter 5. This Plan will be supplemented after EPA promulgates a new Ozone Implementation Strategy rule 

### in response to South Coast 

### Air Quality Management District v. Environmental Protection Agency, No. 04- 1200 filed June, 8,2007.
14. MODELING SUPPORT
See Enclosure 3, Appendix 

### A, Exhibit 2

. 15

. EVIDENCE THAT EMISSIONS LIMITATIONS ARE BASED ON CONTINUOUS EMISSIONS REDUCTION TECHNOLOGY
See Enclosure 3, Chapter 5.
16. IDENTIFICATION OF RULE SECTIONS CONTAINING EMISSION LIMITS, WORK PRACTICE STANDARDS, AND/OR RECORD KEEPINGIREPORTING REQUIREMENTS
See Enclosure 3, Chapters 4 and 5

. 17. COMPLIANCElENFORCEMENT STRATEGIES
See Enclosure 3, Chapter 4.
18. ECONOMIC TECHNICAL JUSTIFICATION FOR DEVIATION FROM U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) POLICIES
No known deviation from EPA policy.

## ENCLOSURE 3 Eight-Hour Ozone Plan for the Maricopa Nonattainment Area June 2007