Mr. \y'ayneN~. Region.lt1Adtni$trator .

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

Mail (X)de:·ORA.l

75 Hawthome S1teet

San~CA9410'

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'"'AGE 0.

/1 .7644 2. 2

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-=tom t-J~ m.)(..

RIZONA EPA TM

Of

VIRO E T L UAllTY

IENKE:TAX

1.110WestWmhlngtoh.Street • M!oenbc. ~J Ql'J Jl§007

(602)'711- 2300 www.azd '0 \ • • • •

janet Nal'ofIiano tiO'VtJ'no

June13, 2007

68/28/2667 67:57 5267432393

Aug, 28. 2007 4:21 P,

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Re. Submittal ofthoBig1It.Hour 0z0D Planfor theMaricopaC01Ult1 Nona'ttaimnem Are'a

Dear Mr. Nas1ri;

Consistent with1h'V pmvmons ofArizoJ1aR8vis8d St8mtes- §§ 49-104·;· 49-404!Irl

~lo5UR 1 and theCode ofFedera1 Regulations, TItle 40, §§SI.102tblough S1.104 and

.AppeJ!4tx V to Pan 51,the Arizona Departrno.nt ofED.vironmeD1al Quality (AD!Q)h by

adopts.and submits tothe U.S. &v.tronm.emal Protection (EPA). tbeEigbt-HfJ&I7"Ozom'

Maintwmet. P.lanforthe Mnopa CQumy onatJai Area fjirlls} 1007, fWa Ievision to

the.Arlzcma StateIm~eDlltion Plan (SIP) tomeet IU'I1 15, 2fJ01. subm~ dt'adlino.

Purswmtto AltS. §49-406, tbe plmwas developed bytheMariliOPa.AssocJat{on. of

GoVemJDeDlB (MAG). .

OJi.lune IS; 2004•.EPhP~poIti~ C?fMaricopa p~ ~o~ 's .lJIiciglrt-hour

ozOM.nonattainm~ area.: Cl.AifM~~a tq Sllb to EPA Junel~

20Q7. showing auainZI)ent ofthe -eight-hOUr 02i0:De5tandaid iD th MaricopaNoitattainmeat Are!,.

Th.e plan.D1tlSt dQIQOnstmte that W41rol =sm have UnPten:iP.nted and tht! will

bemetby the tnd ofthe :ZOO8 '~ eas specifically. by September30th.

AIl 1he ~~bed planddaijs, airqualitymo.nitors notrecorded any. violatioDs ofthe eight·

hour ~e st8r1&u-d in20Mor2006. MMeo'\le1',the modelingand weight ofev tmalyseE.

plan pNpBt'edby MAGconclude thatattainm ent of the eight-hoursbtlldardwill OOCU( bythe ,:'

of the 2008 ozone season.

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. Northcm Reiional Office

SOl W, Rol,lw 66 ' Suite 117 • Fta.e,taff, AZ 86001

ISle) 779-031:1

IJ ,rll Reg!Qr,a ( l"f,.:e

400 West Congre5~ Street . S\lite 4; 1 • Tueto". Al liS7",1

(S20) 623'-673J
Whil<l ADEQ recognizes'tQ1ime, dop of~J and oo~J~ of~hnica1-wysU

mvolwdin:MAO's development ofthisplsd, ADBQ nevertheless hascou=ns about tho

emisSionf$ inventory, attairxnwnt dcm~tion lUodeling. fhe weight oftvid=ce analysis,

andtack ofnewcontrol DJ.eaSlUe3 intheplan inlight ofil£ x'clience <m a lrtatistiea , . of

0.0003 ppmtodemonstrate attainment ADEQ expresBed thIlse conct13JB 10 MAG ina letter

dated.June 4,2001, a copy ofwbioh isincluded with fhis sobmittaL ADEQ will workwithMAG

11l1d EPA to supplement theplan to to EPA'supcoming ~emaking GQnoe:rning its

ImpJ.emezrtatlon 8tmtegy furJ.Hour O7mleno~area&'and to add!BIIS ADBQts

remaining

IfyQu have any questions, plwe donot hesitateto oont8CtNancy Wrona, Direttor, Air Quality

Divisi~ at (602)771·2308.

Enclosure 2 istheSIP C<Jmpleteness Cheek1ist. Enc1ofnU'D 3contains:B.ve caples(litheEightHour Ozone PIMP

*Marltopa COW'll)' NOlUJ'ituinntem Ana [JUII«] 2007, forY,011f

andaeti011.

PAGE 82

'0,7644 ) 3

WIENKE:TAX

Administntor WaYMNastri

June, 13,200

Page 2

88/28/2887 e7:57 5287432393

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Enclosures (3)

C! Colleen McKau EPIt.

Don¢sSmith, 'W/~~I~ MAG, : ' DOn Gabri~~ w/oencloSures,.Pina19>untY Air Quality Co:mpl Dtst\ict ~~ Kiijd,' wio'~l,~'Madcop~ Co\l1\tY AU'QllalitY Depat'Il'Dent • a 0 • • ' " • •

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...
ENCLOSURE 1

Arizona Revised Statutes §§ 49-104, 49-404, and 49-406
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49-104, ~wers...and_.dYt!e5.-QLth~epartmentanddirectar

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 private 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 environmental

benefits and minimizes the effects of less desirable environmental conditions.

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

10. Provide for the prevention and abatement of all water and air pollution including that related to

particulates, gases, dust, vapors, noise, radiation, odor, nutrients and heated liquids In accordance with

article 3 of this chapter and chapters 2 and 3 of this title.

11. Promote and recommend methods for the recovery, recycling and reuse or, if recycling is not possible,

the disposal of solid wastes consistent with sound health, scenic and environmental quality policies.

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 with 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, publication and exhibition when disseminating information,

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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 provide matching contributions under federal or other programs that

further the objectives and programs of the department.

7. Accept gifts, grants, matching monies or direct payments from public or private agencies or private

persons and enterprises for department services and publications and to conduct programs that are

consistent with the general purposes and objectives of this chapter. Monies received pursuant to this

paragraph shall be deposited in the department fund corresponding to the service, publication or program

provided.

8. Provide for the examination of any premises If the director has reasonable cause to believe that a violation

of any environmental law or rule exists or Is being committed on the premises. The director shall give the

owner or operator the opportunity for its representative to accompany the director on an examination of

those premises. Within forty-five days after the date of the examination, the department shall provide to the

owner or operator a copy of any report produced as a result of any examination of the premises.

9. Supervise sanitary engineering facilities and projects in this state, authority for which Is vested In the

department, and own or lease land on which sanitary engineering facilities are located, and operate the

facilities, If the director determines that owning, leasing or operating is necessary for the publlc health,

safety or welfare.

10. Adopt and enforce rules relating to approving design documents for constructing, Improving and

operating sanitary engineering and other facilities for disposing of solid, liquid or gaseous deleterious matter.

11. Define and prescribe reasonably necessary rules regarding the water supply, sewage disposal and

garbage collection and disposal for subdivisions. The rules shall:

(a) Provide for minimum sanitary facilities to be Installed in the subdivision and may require that water

systems plan for future needs and be of adequate size and 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

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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 Ofpremises, 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.

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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.

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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.

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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. Ifthe 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 Plan for the Maricopa Nonattainment Area

June 2007

1. SUBMITIAL LEITER FROM GOVERNORIDESIGNEE

See coverletter.

2. EVIDENCE OF ADOPTION

See coverletter.

3. STATE LEGAL AUTHORIlY FORADOPTIONIIMPLEMENTATION

See Enclosure 1.

4. COMPLETE COpy OF STATUTE/REGULATIONIDOCUMENT

SeeEnclosure 3.

5. WRITTEN SUMMARY OF RULEIRULE CHANGE

SeeEnclosure 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

SeeEnclosure 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. IDENTIFICAnON 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