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ENCLOSURE 1 

Arizona Revised Statues §§ 49-104, 49-106, 49-404, 49-406, and 49-425 

 

 

49-104. Powers and duties of the department and director

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 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 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 agencies and 

private persons and business enterprises on matters within 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. 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 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 facilities 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.

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 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, 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. 

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 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 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 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 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 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 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 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 of a fee as a condition 

of licensure. After the effective date of this amendment to this section, the department 

shall establish by rule a fee as a condition of licensure, including a maximum fee. As part 

of the rule making process, there must be public notice and comment and a review of the 

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 deposited, 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 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. 

17. Establish or revise fees by rule pursuant to the authority granted under title 44, 

chapter 9, article 8 and chapters 4 and 5 of this title for the department to 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 of the department's relevant duties, including employees 

salaries and benefits, professional and outside services, equipment, in-state travel and 

other necessary operational expenses directly related to issuing licenses as defined in 

title 41, chapter 6 and enforcing the requirements of the applicable regulatory program. 

(b) The availability of other funds for the duties performed. 

(c) The impact of the 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 of all 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 of assisting the department in 

reviewing applications for licenses, permits or other authorizations to determine whether 

an applicant meets the criteria for issuance of the license, permit or other authorization. 

If the department contracts with a consultant under this paragraph, an applicant may 

request that the department expedite the application review by requesting that the 

department use the services of the consultant and by agreeing to pay the department 

the costs of the 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. If the director 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. 
 

49-106. 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 limit the authority of local governing bodies to adopt 

ordinances and rules within their respective jurisdictions if those ordinances and rules do 

not conflict with state law and are equal to or more restrictive than the rules of the 

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 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 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 of the 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. 

C. For any ozone, carbon monoxide or particulate nonattainment 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 responsibilities and authorities of each of the 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 of control 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 of the plan. 

(f) Monitoring data. 

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 

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. 

I. After adoption of a nonattainment 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 described 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 nonattainment 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. 
 

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 of the state or any portion thereof and shall adopt, modify, and amend 

reasonable standards for the quality of, and emissions into, the ambient air of the 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 after the director first holds a public 

hearing after twenty days' notice of such hearing. The proposed rule, or any proposed 

amendment of a rule, shall be made available to the public at the time of notice of such 

hearing. 

C. The department shall enforce the rules adopted by the director. 
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ENCLOSURE 2 

State Implementation Plan Completeness Checklist 
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1

STATE IMPLEMENTATION PLAN COMPLETENESS CHECKLIST 

Submittal of 

 

Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2): 

Implementation of the 2010 Sulfur Dioxide National Ambient Air Quality Standard 

40 CFR Part 51, Appendix V, Criteria for Determining the Completeness of Plan Submissions, contains 

the “minimum criteria for determining whether a State Implementation Plan submitted for consideration 

by EPA is an official submission for purposes of review under §51.103,” Submission of plans, 

preliminary review of plans. Appendix V requires the following to be included in plan submissions for 

review by EPA: 

1. "A formal letter of submittal from the Governor or his designee, requesting EPA approval of 

the plan or revision thereof (hereafter ‘‘the plan’’)." [Appendix V, 2.1(a)] 

 See cover letter. 

2. "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. That evidence shall 

include the date of adoption or final issuance as well as the effective date of the plan, if different

from the adoption/issuance date." [Appendix V, 2.1(b)] 

See cover letter. 

3. "Evidence that the State has the necessary legal authority under State law to adopt and 

implement the plan." [Appendix V, 2.1(c)] 

 See Enclosure 1. 

4. "A copy of the actual regulation, or document submitted for approval and incorporation by 

reference into the plan, including indication of the changes made (such as, 

redline/strikethrough) to the existing approved plan, where applicable ..." [Appendix V, 2.1(d)] 

 See Enclosure 3. 

5. "Evidence that the State followed all of the procedural requirements of the State’s laws and 

constitution in conducting and completing the adoption/issuance of the plan." [Appendix V, 

2.1(e)] 

See Enclosure 3 

6. "Evidence that public notice was given of the proposed change consistent with procedures 

approved by EPA, including the date of publication of such notice." [Appendix V, 2.1(f)] 

 See Enclosure 3, Appendix A. 
2

7. "Certification that public hearing(s) were held in accordance with the information provided in 

the public notice and the State’s laws and constitution, if applicable and consistent with the 

public hearing requirements in 40 CFR 51.102." [Appendix V, 2.1(g)] 

 See Enclosure 3, Appendix A. 

8. "Compilation of public comments and the State’s response thereto." [Appendix V, 2.1(h)] 

 See Enclosure 3, Appendix A. 

9. "Identification of all regulated pollutants affected by the plan." [Appendix V, 2.2(a)] 

 Sulfur Dioxide (SO2). 

10. "Identification of the locations of affected sources including the EPA attainment/nonattainment 

designation of the locations and the status of the attainment plan for the affected areas(s)." 

[Appendix V, 2.2 (b)] 

 Not applicable for current submission 

11. "Quantification of the changes in plan allowable emissions from the affected sources; estimates 

of changes in current actual emissions from affected sources or, where appropriate, 

quantification of changes in actual emissions from affected sources through calculations of the 

differences between certain baseline levels and allowable emissions anticipated as a result of the 

revision." [Appendix V, 2.2(c)] 

Not applicable for current submission. 

12. "The State’s demonstration that the national ambient air quality standards, prevention of 

significant deterioration increments, reasonable further progress demonstration, and visibility, 

as applicable, are protected if the plan is approved and implemented. For all requests to 

redesignate an area to attainment for a national primary ambient air quality standard, under 

section 107 of the Act, a revision must be submitted to provide for the maintenance of the 

national primary ambient air quality standards for at least 10 years as required by section 175A 

of the Act." [Appendix V, 2.2(d)] 

See Enclosure 3, Sections 2.3, 2.4, and 2.10 

13. "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 offsite data (where used), modes of models 

used, assumptions, and other information relevant to the determination of adequacy of the 

modeling analysis." [Appendix V, 2.2(e)] 

 

 Not applicable for current submission. 

14. "Evidence, where necessary, that emission limitations are based on continuous emission 

reduction technology." [Appendix V, 2.2(f)] 

 Not applicable for current submission. 
3

15. "Evidence that the plan contains emission limitations, work practice standards and 

recordkeeping/reporting requirements, where necessary, to ensure emission levels." [Appendix 

V, 2.2(g)] 

 See Enclosure 3, Sections 2.1, 2.2, 2.3, and 2.6. 

16. "Compliance/enforcement strategies, including how compliance will be determined in 

practice." [Appendix V, 2.2(h)] 

See Enclosure 3, Sections 2.3 and 2.6 

17. "Special economic and technological justifications required by any applicable EPA policies, or 

an explanation of why such justifications are not necessary." [Appendix V, 2.2(i)] 

 No known deviation from U.S. EPA policy. 
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ENCLOSURE 3 

Final Arizona State Implementation Plan Revision, 2010 Sulfur Dioxide (SO2) National Ambient 

Air Quality Standards (NAAQS) – July 2013 
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1

FINAL 

Arizona State Implementation Plan Revision under 

Clean Air Act Section 110(a)(1) and (2): 

Implementation of the 2010 Sulfur Dioxide National 

Ambient Air Quality Standard 

Air Quality Division 

July 2013
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i

TABLE OF CONTENTS 

Page 

TABLE OF CONTENTS ............................................................................................................................... i 

LIST OF TABLES ........................................................................................................................................ ii 

LIST OF ENCLOSURES ............................................................................................................................. ii 

LIST OF APPENDICES ............................................................................................................................... ii 

TABLE OF CONTENTS 

1.0 INTRODUCTION ........................................................................................................................... 1 

2.0 ANALYSIS OF CLEAN AIR ACT SECTION 110(a)(2) AIR QUALITY 

 CONTROL PROGRAM ELEMENTS FOR ARIZONA ................................................................ 2 

2.1 CAA Section 110(a)(2)(A) – Control Measures and Emission Limits ............................... 2 

2.2 CAA Section 110(a)(2)(B) – Ambient Air Quality Monitoring ......................................... 3 

2.3 CAA Section 110(a)(2)(C) – Enforcement of Control Measures ....................................... 4 

2.4 CAA Section 110(a)(2)(D) – Interstate Transport .............................................................. 6 

2.5 CAA Section 110(a)(2)(E) – Adequate Resources ............................................................. 7 

2.6 CAA Section 110(a)(2)(F) – Emissions Monitoring and Reporting ................................. 11

2.7 CAA Section 110(a)(2)(G) – Emergency Powers............................................................. 12 

2.8 CAA Section 110(a)(2)(H) – Plan Revisions .................................................................... 13 

2.9 CAA Section 110(a)(2)(I) – CAA Title 1, Part D Nonattainment 

 Area Requirements ........................................................................................................... 14 

2.10 CAA Section 110(a)(2)(J) – Consultation with Government Officials, 

 Public Notification, PSD and Visibility Protection .......................................................... 14 

2.11 CAA Section 110(a)(2)(K) – Air Quality Modeling ......................................................... 15 

2.12 CAA Section 110(a)(2)(L) – Permit Fees ......................................................................... 16 

2.13 CAA Section 110(a)(2)(M) – Consultation/Participation by 

 Affected Local Entities ..................................................................................................... 17 

3.0 CONCLUSION .............................................................................................................................. 17 

 
ii

LIST OF TABLES 

TABLE 2-1: CAA 110(A)(2)(A) - CONTROL MEASURES AND EMISSION LIMITS ......................... 3 

TABLE 2-2: CAA 110(A)(2)(B) - AMBIENT AIR QUALITY MONITORING ........................................ 4 

TABLE 2-3: CAA 110(A)(2)(C) - ENFORCEMENT OF CONTROL MEASURES ................................. 5 

TABLE 2-4: CAA 110(A)(2)(E) - ADEQUATE RESOURCES ............................................................... 10 

TABLE 2-5: CAA 110(A)(2)(F) - EMISSION MONITORING AND REPORTING .............................. 12 

TABLE 2-6: CAA 110(A)(2)(G) - EMERGENCY POWERS ................................................................... 13 

TABLE 2-7: CAA 110(A)(2)(H) - PLAN REVISIONS............................................................................ 14 

TABLE 2-8: CAA 110(A)(2)(J) - CONSULTATION WITH GOVERNMENT OFFICIALS, 

PUBLIC NOTIFICATION, PSD AND VISIBILITY PROTECTION ....................................................... 15 

TABLE 2-9: CAA 110(A)(2)(K) - AIR QUALITY MODELING ............................................................ 16 

TABLE 2-10: CAA 110(A)(2)(M) - CONSULTATION/PARTICIPATION BY AFFECTED 

LOCAL ENTITIES ..................................................................................................................................... 17 

LIST OF ENCLOSURES 

ENCLOSURE 1 ARIZONA REVISED STATUES §§ 49-104, 49-106, 49-404, 49-406, AND 49-425 

ENCLOSURE 2 STATE IMPLEMENTATION PLAN COMPLETENESS CHECKLIST 

ENCLOSURE 3 FINAL ARIZONA STATE IMPLEMENTATION PLAN REVISION, 2010 SULFUR 

 DIOXIDE (SO2) NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) 

LIST OF APPENDICES 

APPENDIX A STATE IMPLEMENTATION PLAN REVISION PUBLIC COMMENT AND 

 HEARING DOCUMENTATION 

 APPENDIX A.1 CERTIFICATION OF THE PUBLIC HEARING – AFFIDAVIT OF 

 PUBLICATION 

 

 APPENDIX A.2 PUBLIC HEARING AGENDA 

 APPENDIX A.3 PUBLIC HEARING SIGN-IN-SHEET 

 

 APPENDIX A.4 PUBLIC HEARING OFFICER CERTIFICATION AND 

 TRANSCRIPT 

 APPENDIX A.5 RESPONSIVENESS SUMMARY 
1 

1.0 INTRODUCTION 

Clean Air Act (CAA) Section 110(a)(1) requires states to submit State Implementation Plans (SIPs) 

within three years following the promulgation of new or revised National Ambient Air Quality Standard 

(NAAQS) to provide for implementation, maintenance, and enforcement of such standards. Each of these 

SIPs must address certain basic elements or the "infrastructure" of its air quality management programs 

under CAA Section 110(a)(2). These elements, detailed in CAA Sections 110(a)(2)(A) through (M), 

include provisions for monitoring, emissions inventories, and modeling designed to assure attainment and 

maintenance of the NAAQS. 

As background, the U.S. Environmental Protection Agency (EPA) issued a new primary NAAQS for 

oxides of sulfur as measured by Sulfur Dioxide (SO2), effective August 23, 2010 (75 FR 35519; June 22,

2010). EPA established a new 1-hour standard at a level of 75 parts per billion (ppb), based on the 3-year 

average of the annual 99th percentile of 1-hour daily maximum concentrations. EPA also revoked both 

the existing 24-hour and annual primary SO2 standards. The final rule also made changes to ambient air 

monitoring networks requiring placement of monitors in Core Based Statistical Areas based on a 

population weighted emissions index. 

On May 25, 2011, Governor Brewer, on behalf of the State of Arizona, recommended that two separate 

areas, the existing Hayden and Miami SO2 planning areas, be designated nonattainment for the new 

standard. Arizona's two recommended nonattainment areas include all areas with monitored violations of 

the new standard as well as the primary emissions sources that likely contribute to those violations. 

Because of insufficient available information, the remainder of the Sate was recommended as 

unclassifiable. Evidence accompanying the Governor's letter demonstrated that minimum monitoring 

requirements are currently met.1

 

In a February 6, 2013, letter EPA notified the State of its intention to designate the Hayden and Miami 

planning areas as nonattainment consistent with the Governor's recommendation. EPA also indicated its

intention to address designations for all other areas in separate future actions.2 Final EPA designation 

actions are pending. Specific nonattainment area requirements are subject to the timing requirements of 

CAA Title 1, Part D, therefore, planning procedures for any potential new nonattainment areas will be 

addressed under separate cover. 

This revision to the Arizona SIP incorporates by reference the statutes and rules already submitted and 

approved by EPA in order to demonstrate that Arizona State and local air quality management programs 

meet the basic program elements required under Clean Air Act (CAA) Sections 110(a)(1) and (2) for 

implementing the 2010 Sulfur Dioxide (SO2) NAAQS. 

The statutes and programs referenced in Section 2.0, which are the authorities and infrastructure of 

Arizona State and local air quality management programs, are adequate to ensure attainment and 

maintenance of the 2010 SO2 NAAQS in all areas of the State. Any deficiencies in Arizona’s air quality 

programs indicated by EPA in previous actions have either been remedied or are in the process of being

remedied by ADEQ and/or the County Programs as discussed in Section 2 below.3 ADEQ commits to 

 

1

 See Governor Brewers May 25, 2011, letter to Jared Blumenfeld, Regional Administrator, EPA Region IX and the 

enclosed Arizona Air Quality Designations, Final Proposed Boundary Recommendations for the 2010 Primary 

National Ambient Air Quality Standard for Sulfur Dioxide, April 25, 2011, available at 

http://www.epa.gov/so2designations/region9r.html.

2 See Administrator Blumenfeld's February 6, 2013, letter to Governor Brewer, available at 

http://www.epa.gov/so2designations/region9r.html.

3

 See “Partial Approval and Disapproval of Air Quality Implementation Plans; Arizona; Infrastructure Requirements 

for Ozone and Fine Particulate Matter” (77 FR 66398; November 5, 2012) and “Finding of Failure to Submit a 
2 

developing the appropriate remedy for any outstanding deficiencies outlined by EPA and will submit SIP

revisions as appropriate within the required timeframe. 

2.0 ANALYSIS OF CLEAN AIR ACT SECTION 110(a)(2) AIR QUALITY CONTROL 

PROGRAM ELEMENTS FOR ARIZONA

Arizona Revised Statutes (ARS), 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 of Environmental 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 of National 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 of control measures 

and permits where no local air quality control agency exists. In addition, ADEQ has original jurisdiction 

in all areas of the 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 of permits (ARS §49-402). The State may; however, assert jurisdiction

where the local agency is unable to 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 

abatement of air pollution (ARS Title 49, Chapter 3, and 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 certain nonattainment and 

maintenance area plans within their respective jurisdictions (ARS §49-406). MAG and PAG submit their 

plans to ADEQ for adoption and inclusion in the state implementation plan pursuant to ARS §49-406 (H). 

The following sections summarize the requirements of CAA Sections 110(a)(2)(A) through (M) and 

present information that demonstrate Arizona's State and local air pollution control programs, and 

commitments to update these programs, meet the basic infrastructure elements and are adequate to ensure 

attainment and maintenance of the 2010 SO2 NAAQS. 

2.1 CAA Section 110(a)(2)(A) – Control Measures and Emission Limits 

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 of the CAA. 

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 

 

Complete State Implementation Plan for Section 110(a) Pertaining to the 2008 Ozone National Ambient Air Quality 

Standard ” (78 FR 2882; January 15, 2013). 
3 

demonstration of compliance with CAA Section 110(a)(2)(A) includes the necessary authority for State 

and local air quality management programs to adopt and implement control measures and plans to assure 

attainment and maintenance of the 2010 SO2 air quality standards in all areas of Arizona. Table 2-1 lists 

relevant sections of Arizona Revised Statutes. 

Table 2-1: CAA 110(a)(2)(A) 

Control Measures and Emission Limits 

Statute/Rule Relevant Sections Date approved into the Arizona 

SIP 

ADEQ Programs 

§ 49-106 Statewide application of rules 11/05/2012 (77 FR 66398) 

§ 49-107 Local delegation of state authority 11/05/2012 (77 FR 66398) 

§ 49-402 State and county control 6/08/2000 (65 FR 36353) 

§ 49-404 State implementation plan 6/08/2000 (65 FR 36353) 

§ 49-421 Definitions 11/05/2012 (77 FR 66398) 

§ 49-424 Duties of department 11/05/2012 (77 FR 66398) 

§ 49-425 Rules; hearing 11/05/2012 (77 FR 66398) 

§ 49-541 Definitions (1)(a), (b), (c) 1/22/2003 (68 FR 2912) 

County Programs 

§ 49-471 Definitions 11/05/2012 (77 FR 66398) 

§ 49-473 Board of supervisors 11/05/2012 (77 FR 66398) 

§ 49-479 Rules; hearing 11/05/2012 (77 FR 66398) 

2.2 CAA Section 110(a)(2)(B) – Ambient Air Quality Monitoring 

Section 110(a)(2)(B) requires SIPs to include provisions for establishment and operation of ambient 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 of the 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 SO2, are 

measured with instruments meeting EPA certification as Federal Reference or Equivalent Methods. All 

data collected within the SO2 compliance network is compared to the NAAQS, statistically analyzed for 

trends, and recorded quarterly in EPA's Air Quality 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 of each monitor and provide evidence that both the siting and the operation of each 

monitor meets the network design, quality assurance, and other federal requirements of 40 CFR Part 58. 

In the June 22, 2010, Federal Register Notice, EPA established minimum requirements for SO2

monitoring networks (75 FR 35519). Information contained in Arizona’s boundary recommendations 
4 

demonstrate that the State’s network meets or exceeds these requirements.4

 Table 2-2 lists relevant 

sections of Arizona Revised Statutes. 

Table 2-2: CAA 110(a)(2)(B) 

Ambient Air Quality Monitoring 

Statute/Rule Relevant Sections Date approved into the 

Arizona SIP 

ADEQ Programs 

§ 49-404 State implementation plan 6/08/2000 (65 FR 36353) 

§ 49-422 Powers and duties (A), (B), (C), (E), and (F) 11/05/2012 (77 FR 66398) 

§ 49-424 Duties of department 11/05/2012 (77 FR 66398) 

County Programs 

§ 49-476.01 Monitoring 11/05/2012 (77 FR 66398) 

2.3 CAA Section 110(a)(2)(C) – Enforcement of Control Measures 

Section 110 (a)(2)(C) requires states to include a program providing for enforcement of all SIP measures 

and the regulation of construction of new or modified stationary sources to meet Prevention of Significant 

Deterioration (PSD) and nonattainment New Source Review (NSR) permitting requirements. 

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 

burns, 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. If any agency or entity 

fails to implement a committed measure, the county is authorized to file an action in superior court for 

injunction or any other relief provided by law. Similarly, if the county fails to ensure implementation of 

measures, the ADEQ Director is authorized, through the State Attorney General, to seek relief provided

by law to ensure implementation of all 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, or operating 

any equipment or process which may cause air pollution. This includes equipment designed to reduce air 

pollution. Permits are also required if an existing facility that causes air pollution transfers ownership, 

relocates, or otherwise changes operations. 

ADEQ and county permitting agencies operate air quality permit compliance programs to ensure 

implementation of emission limits and other control measures 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 463, and 49-510 through 513, 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 of the air quality provisions of the law. 

 

4

 See Footnote 1.
5 

Per the authority noted above, all new sources and modifications to existing sources in Arizona are 

subject to state requirements for preconstruction review and permitting pursuant to Arizona 

Administrative Code (AAC), Title 18, Chapter 2, Articles 2, 3, and 4 or relevant county rules. All new 

major 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. 

ADEQ has submitted a revision to the New Source Review (NSR) SIP on October 29, 2012. ADEQ 

expects that the NSR SIP revision will bring the State of Arizona’s SIP for areas under the jurisdiction of 

ADEQ into compliance with the NSR/PSD requirements of section 110(a)(2)(C) and 40 C.F.R. Part 51, 

Subpart I, with the exception of the requirements pertaining to greenhouse gases (GHGs). ADEQ is 

currently administering the NSR requirements for GHGs under a delegation agreement with EPA. The 

State intends to continue to address NSR for GHGs in this manner until the uncertainty created by 

litigation relating to those requirements has been resolved. EPA has already promulgated a Federal 

Implementation Plan (FIP) for the GHG NSR and has delegated ADEQ authority to administer that FIP. 

Both the Maricopa County Air Quality Department (MCAQD) and the Pima County Department of 

Environmental Quality (PDEQ) currently implement the Federal PSD program in 40 CFR 52.21 for all 

regulated NSR pollutants (as defined in 40 CFR 52.21(b)(50)), pursuant to delegation agreements 

executed in 1993 and 1994, respectively. The Pinal County Air Quality Control District (PCAQCD) 

implements a SIP-approved PSD program for all regulated NSR pollutants except for GHGs. For GHGs, 

Pinal County implements the Federal PSD program in 40 CFR 52.21 pursuant to a delegation agreement 

executed in 2011. ADEQ and county permitting agencies have SIP-approved minor NSR programs under 

section 110(a)(2)(C) of the Act. 

ADEQ commits to developing the appropriate remedy for any deficiencies identified by EPA and will 

submit SIP revisions as appropriate within the required timeframe. Table 2-3 lists relevant sections of 

Arizona Revised Statutes. 

Table 2-3: CAA 110(a)(2)(C) 

Enforcement of Control Measures 

Statute/Rule Relevant Sections Date approved into the 

Arizona SIP 

ADEQ Programs 

§ 49-103 Department employees; legal 

counsel 11/05/2012 (77 FR 66398) 

§ 49-106 Statewide application of rules 11/05/2012 (77 FR 66398) 

§ 49-107 Local delegation of state 

authority 11/05/2012 (77 FR 66398) 

§ 49-402 State and county control All sections but (A)(8) 6/08/2000 (65 FR 36353) 

§ 49-404 State implementation plan 6/08/2000 (65 FR 36353) 

§ 49-422 Powers and duties 11/05/2012 (77 FR 66398) 

§ 49-424 Duties of department 11/05/2012 (77 FR 66398) 

§ 49-425 Rules; hearing 11/05/2012 (77 FR 66398) 

§ 49-433 Special inspection warrant 11/05/2012 (77 FR 66398) 

§ 49-435 Hearings on orders of abatement 11/05/2012 (77 FR 66398) 
6 

Table 2-3: CAA 110(a)(2)(C) 

Enforcement of Control Measures 

Statute/Rule Relevant Sections Date approved into the 

Arizona SIP 

§ 49-441 Suspension and revocation of 

conditional order 11/05/2012 (77 FR 66398) 

§ 49-460 Violations; production of records 11/05/2012 (77 FR 66398) 

§ 49-461 Violations; order of abatement 11/05/2012 (77 FR 66398) 

§ 49-462 Violations; injunctive relief 11/05/2012 (77 FR 66398) 

§ 49-463 Violations; civil penalties 11/05/2012 (77 FR 66398) 

County Programs 

§ 49-473 Board of supervisors 11/05/2012 (77 FR 66398) 

§ 49-476.01 Monitoring 11/05/2012 (77 FR 66398) 

§ 49-488 Special inspection warrant 11/05/2012 (77 FR 66398) 

§ 49-490 Hearings on orders of abatement 11/05/2012 (77 FR 66398) 

§ 49-495 Suspension and revocation of 

conditional order 11/05/2012 (77 FR 66398) 

§ 49-502 Violation; classification (A), (B), and (C) 11/05/2012 (77 FR 66398) 

§ 49-510 Violations; production of records 11/05/2012 (77 FR 66398) 

§ 49-511 Violations; order of abatement 11/05/2012 (77 FR 66398) 

§ 49-512 Violations; injunctive relief 11/05/2012 (77 FR 66398) 

§ 49-513 Violations; civil penalties 11/05/2012 (77 FR 66398) 

2.4 CAA Section 110(a)(2)(D) – Interstate Transport

Section 110 (a)(2)(D)(i) requires adequate provisions to ensure that any source or other emissions activity 

within the state does not contribute significantly to nonattainment, or interfere with maintenance, of the 

NAAQS in any other state, or interfere with any other state’s required applicable implementation plan to 

prevent significant deterioration of air quality or to protect visibility. Section 110 (a)(2)(D)(ii) requires 

compliance with the applicable requirements of sections 126 and 115 (relating to interstate and 

international pollution abatement). 

As stated in the Section 1.0, on May 25, 2011, Arizona recommended that two separate areas, the existing 

Hayden and Miami SO2 planning areas, be designated nonattainment for the new standard. Arizona's two 

recommended nonattainment areas include all areas with monitored violations of the new standard as well 

as the primary emissions sources that likely contribute to those violations. Because of insufficient 

available information, the remainder of the Sate was recommended as unclassifiable. In a February 6, 

2013, letter EPA notified the State of its intention to designate the Hayden and Miami planning areas as 

nonattainment consistent with the Governor's recommendation. EPA also indicated its intention to 

address designations for all other areas in separate future actions. Initial designations for areas with 

monitored violations are expected in June 2013. Because EPA has not yet issued a final strategy for 

evaluating areas of the state recommended unclassifiable, SO2 data are not available to do a full analysis 

of interstate transport impacts. 
7 

Additionally, a recent decision by the U.S. Court of Appeals concluded that a SIP cannot be deemed to 

lack a required submission or deemed deficient for failure to meet the 110(a)(2)(D)(i)(I) obligation 

(relating to contributions to nonattainment in, or interference with maintenance in any other State) until 

after EPA quantifies that obligation (EME Homer City Generation v. EPA, 696 F.3d 7, 31 [D.C. Cir. 

2012]). 

As stated in section 2.3, ADEQ submitted a revision to the New Source Review SIP on October 29, 2012. 

ADEQ expects that the NSR/PSD SIP revision will bring the State of Arizona’s SIP for areas under the 

jurisdiction of ADEQ into compliance with the NSR/PSD requirements. 

Arizona's visibility protection program is designed to analyze the causes of visibility impairment and to 

develop and implement control strategies as required. Requirements include analysis of emissions 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 I areas on the Colorado Plateau. ADEQ submitted a SIP developed under 

40 CFR 51.308 on February 28, 2011. The EPA reached final action on Arizona’s Regional Haze SIP on 

December 5, 2012 (77 FR 72512). In that action, EPA approved the State's determination that three 

sources are subject to BART, and the State's emissions limits for Sulfur Dioxide (SO2) and particulate 

matter less than or equal to 10 micrometers (PM10) at all the units, but disapproved Arizona's BART 

emissions limits for nitrogen oxides (NOX) at the coal-fired units of the three power plants. Id. EPA 

promulgated a FIP that contains new emissions limits for NOX at these coal-fired units and compliance 

schedules for implementation of BART as well as requirements for equipment maintenance, monitoring, 

recordkeeping and reporting for all units and all pollutants at the three sources. Id. A revision to the 

regional haze SIP addressing certain elements (not addressed in EPA's prior action) EPA proposed for 

disapproval (77 FR 75704; December 21, 2012) was submitted for parallel processing on March 29, 2013. 

2.5 CAA Section 110(a)(2)(E) – Adequate Resources 

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 of interest 

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 of any plan provision the state has responsibility for ensuring adequate implementation of 

such plan provision. 

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

The purpose of Section 110(a)(2)(E) of the SIP is to provide the necessary assurances that the State of 

Arizona, 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) of the 

Federal Clean Air Act (CAA), as amended in 1990, and the applicable SIP regulations in 40 CFR part 51 

(“Requirements for Preparation, Adoption, and Submittal of Implementation Plans”). 

CAA section 110(a)(2)(E)(i) requires SIPs to provide: 

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) law to carry out such implementation plan ... . 
8 

The federal regulations in title 40, part 51, subpart O of the Code of Federal Regulations (40 CFR 

part 51, subpart O, “Miscellaneous Plan Content Requirements”) include requirements for SIPs 

pertaining to funding and personnel. Specifically, 40 CFR 51.280 (“Resources”) requires: 

Each plan must include a description of the resources available to the State and local agencies at 

the date of submission of the plan and of any additional resources needed to carry out the plan 

during the 5-year period following its submission. The description must include projections of the 

extent to which resources will be acquired at 1, 3, and 5-year intervals. 

In the State of Arizona, ADEQ is the primary organization responsible for developing, implementing, and 

enforcing the SIP. 

Under ARS § 49-103 “Department employees; legal counsel” the director, “shall employ, determine the 

conditions of employment and specify the duties of administrative, 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 as the department requires...The attorney general shall prosecute 

and defend in the name of this state all actions necessary to carry out the provisions” of Title 49, relating 

to the environment. 

Funding to staff to administer the Arizona air quality control programs consists of fees that are collected 

from regulated emissions sources, including fees collected to administer permitting programs. Under ARS 

§ 49-455 “Permit administration fund,” a permit administration fund is established consisting of fees and 

interest collected pursuant to article 2 governing state air pollution control. Under the statute, the director 

shall administer the 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 ARS § 35-313, and monies earned from 

investment shall be credited to the fund. 

There is also an emissions inspection fund (see ARS § 49-544) that consists of monies appropriated to 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 of inspection certificates to owners of fleet 

emissions inspection stations; monies received from private grants or donations when so designated by 

the grantor or donor; and monies received from the United States by grant or otherwise to assist the state 

in any emissions inspection program. 

A third source of funding in Arizona is the Air Quality Fund. Under ARS § 49-551 “Air quality fee; air

quality fund; purpose” every person who is required to register a motor vehicle in the state pursuant to 

ARS § 28-2153 shall pay, in addition to the registration fee, an annual air quality fee at the time of vehicle 

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 

purpose of bringing area A or area B into or maintaining attainment status, improving air quality in areas 

outside area A and B, and reducing emissions of various pollutants including particulate matter, carbon 

monoxide, oxides of nitrogen, volatile organic compounds and hazardous air pollutants throughout the 

state. The funds are also used to monitor visible air pollution and reduce emissions of pollutants that 

contribute to visible air pollution in counties with a population of four hundred thousand persons or more. 

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 air pollution 

control agencies to defray a portion of the costs associated with implementation of programs for the 

prevention and control of air pollution and achievement of the national ambient air quality standards. To 

qualify for such grants in a given year, air pollution control agencies must at least maintain the same level 
9 

of funding from non-Federal funds for air pollution control programs as for the preceding year. See CAA 

section 105(c). 

For Maricopa, Pima, and Pinal Counties, ARS § 49-107 “Local delegation of state 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 if the 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.” 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 of performance.” These delegation and 

funding mechanisms help ensure that the counties will have adequate personnel and funding to implement

the delegated portions of the SIP. 

The scope of county 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 of obtaining permits will be approximately equal or be less than the fee or cost of obtaining similar 

permits or approvals under title 49 or any rule adopted pursuant to title 49, which relates to the 

environment. The county no-drive days and travel reduction programs are funded by contractual 

agreements with ADEQ. Other county air quality programs are funded by county fee programs and other 

sources. In Arizona, the Metropolitan Planning Organizations (MPOs) certified to 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 

Sulfur Dioxide (SO2) plans and Lead (Pb) plans even in Maricopa and Pima counties and for plans for the 

rest of the State. Under ARS § 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 (VEI) program in both Area A and in Area B. 

ADEQ, MCAQCD, and PDEQ have been administering, implementing, and enforcing air programs 

designed to meet the CAA’s SIP requirements for over 40 years., and the funding and personnel described 

above for each of the three agencies is adequate to meet the needs of these programs. Over the next five 

years, 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 of the agencies for air pollution control 

purposes over that period. Table 2-4 lists relevant sections of Arizona Revised Statutes. 

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

The purpose of 110 (a)(2)(E)(ii) is to provide necessary assurances that any board which approves permits 

or enforcement orders represents the public interest and any conflict of interest by board members or an 

executive agency head be adequately disclosed. 

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 of incorporated cities or towns, of 

political subdivisions and of the state and any of its departments, commissions, agencies, bodies or 

boards," contains provisions for adequate disclosure of any conflict of interest. In the August 24, 2012 

Supplement to the 2006 PM2.5 NAAQS and the 1997 8-hour ozone and PM2.5 NAAQS Infrastructure SIP, 

ADEQ submitted certified copies of ARS Title 38, Chapter 3, Article 8, Conflict of Interest of Officers 

and Employees, in order to meet the conflict of interest requirements under Section 110(a)(2)(E)(ii). 

ADEQ hereby incorporates those provisions into this SIP revision. 
10 

On November 5, 2012, EPA issued the final rulemaking, “Partial Approval and Disapproval of Air 

Quality Implementation Plans; Arizona; Infrastructure Requirements for Ozone and Fine Particulate 

Matter” (77 FR 66398). This action outlined deficiencies within Maricopa, Pinal, and Pima county 

programs for this element. At this time, ADEQ is working with EPA and all three counties to remedy the 

issue. ADEQ commits to developing the appropriate remedy for any deficiencies outlined by the EPA 

and will submit SIP revisions as appropriate within the required timeframe. Table 2-4 lists relevant 

sections of Arizona Revised Statutes. 

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 of any plan provision the 

state has responsibility for ensuring adequate implementation of such plan provision. Arizona Revised

Statutes grant ADEQ primary regulatory authority for air pollution control and abatement in Arizona as

well as responsibility for ensuring adequate implementation of SIP provisions. Table 2-4 lists relevant 

sections of Arizona Revised Statutes. 

Table 2-4: CAA 110(a)(2)(E) 

Adequate Resources 

Statute/Rule Relevant Sections Date approved into the 

Arizona SIP 

CAA 110(a)(2)(E)(i)

ADEQ Programs 

§ 28-1253. Registration requirement; 

exceptions; assessment; violation; classification 11/05/2012 (77 FR 66398) 

§ 35-313. Investment of trust and treasury 

monies; loans and securities 11/05/2012 (77 FR 66398) 

§ 49-103 Department employees; legal counsel 11/05/2012 (77 FR 66398) 

§ 49-402 State and county control 11/05/2012 (77 FR 66398) 

§ 49-455 Permit administration fund (A) and (B)(2) 11/05/2012 (77 FR 66398) 

§ 49-543. Emissions inspection costs; 

disposition; fleet inspection; certificates (A) 11/05/2012 (77 FR 66398) 

§ 49-544 Emissions inspection fund; 

composition; authorized expenditures; 

exemptions; investment 

 1/22/2003 (68 FR 2912) 

§ 49-551 Air quality fee; air quality fund; 

purpose 

 1/22/2003 (68 FR 2912) 

County Programs 

§ 49-471 Definitions 11/05/2012 (77 FR 66398) 

§ 49-478. Hearing board 11/05/2012 (77 FR 66398) 

§ 49-479 Rules; hearing 11/05/2012 (77 FR 66398) 

§ 49-480.02 Appeals of permit actions 11/05/2012 (77 FR 66398) 

§ 49-482. Appeals to hearing board 11/05/2012 (77 FR 66398) 

CAA 110(a)(2)(E)(ii) 

ADEQ and County Programs 

§ 38-101 Definitions 11/05/2012 (77 FR 66398) 

§ 38-501 Application of article 11/05/2012 (77 FR 66398) 
11 

Table 2-4: CAA 110(a)(2)(E) 

Adequate Resources 

Statute/Rule Relevant Sections Date approved into the 

Arizona SIP 

§ 38-502 Definitions 11/05/2012 (77 FR 66398) 

§ 38-503 Conflict of interest; exemptions; 

employment prohibition 11/05/2012 (77 FR 66398) 

§ 38-504 Prohibited acts 11/05/2012 (77 FR 66398) 

§ 38-505 Additional income prohibited for 

services 11/05/2012 (77 FR 66398) 

§ 38-506 Remedies 11/05/2012 (77 FR 66398) 

§ 38-507 Opinions of the attorney general, 

county attorneys, city or town attorneys and 

house and senate ethics committee 

 11/05/2012 (77 FR 66398) 

§ 38-508 Authority of public officers and 

employees to act 11/05/2012 (77 FR 66398) 

§ 38-509 Filing of disclosures 11/05/2012 (77 FR 66398) 

§ 38-510 Penalties 11/05/2012 (77 FR 66398) 

§ 38-511 Cancellation of political subdivision 

and state contracts; definition 11/05/2012 (77 FR 66398) 

CAA 110(a)(2)(E)(iii) 

ADEQ Programs 

§ 49-107 Local delegation of state authority 11/05/2012 (77 FR 66398) 

§ 49-402 State and county control (A)(1) through 

(A)(7), (B), (C) 6/08/2000 (65 FR 36353) 

§ 49-404 State implementation plan 6/08/2000 (65 FR 36353) 

2.6 CAA Section 110(a)(2)(F) – Emissions Monitoring and Reporting 

Section 110 (a)(2)(F) requires provision for emissions monitoring by owners or operators of stationary

sources and periodic reports on the nature and amounts of emissions as well as correlation of such reports 

by the state agency with any emission limitations or standards. 

Arizona Revised Statutes provide authority to require any sources of air contaminants to monitor, sample 

or perform other studies to quantify emissions of air contaminants or levels of air pollution that may be 

reasonably attributable to that source. 

On November 5, 2012, EPA issued the final rulemaking, “Partial Approval and Disapproval of Air 

Quality Implementation Plans; Arizona; Infrastructure Requirements for Ozone and Fine Particulate 

Matter” (77 FR 66398). This action outlined a deficiency within the Pima county program for this 

element. At this time, ADEQ is working with the EPA and Pima County to remedy the issue. ADEQ 

commits to developing the appropriate remedy for any deficiencies outlined by the EPA and will submit 

SIP revisions as appropriate within the required timeframe. Table 2-5 lists relevant sections of Arizona 

Revised Statutes, Arizona Administrative Code, and County Code. 
12 

Table 2-5: CAA 110(a)(2)(F) 

Emission Monitoring and Reporting 

Statute/Rule Relevant Sections Date approved into the 

Arizona SIP 

ADEQ Programs 

§ 49-422 Powers and duties 11/05/2012 (77 FR 66398) 

§ 49-424 Duties of Department 11/05/2012 (77 FR 66398) 

R18-2-313. Existing Source 

Emission Monitoring 11/05/2012 (77 FR 66398) 

R18-2-327. Annual Emission 

Inventory Questionnaire 11/05/2012 (77 FR 66398) 

County Programs 

§ 49-476.01 Monitoring 11/05/2012 (77 FR 66398) 

Maricopa County Rules 

Rule 100. General Provisions and 

Definitions 

Section 500 Monitoring and 

Records 11/05/2012 (77 FR 66398) 

2.7 CAA Section 110(a)(2)(G) – Emergency Powers 

Section 110(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 in their 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 of the 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 R18-2-220, "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 of the nature of the episode and, at the directive of the

Governor's office, possible curtailment of industrial and commercial activities. 

Similar provisions for determining air pollution emergency episodes, advisory procedures, and control 

actions are contained in Maricopa, Pima, and Pinal County code (Maricopa County Air Pollution Control 

Regulations, Regulation VI - Emergency Episodes, Rule 6005

, 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, Chapter 2. Ambient Air Quality Standards, Article 7. Air Pollution Emergency Episodes6). 

On October 15, 2012, the EPA approved into the Arizona SIP, the Arizona Emergency Episode Plan, 

which EPA found is substantively identical to the CAA section 110(a)(2)(G) (77 FR 62452 at 62453). 

The rulemaking includes the rule currently approved into Arizona’s SIP (R9–3–219, “Air pollution 

emergency episodes”), which EPA approved in 1982 (47 FR 42572, September 28, 1982), and revisions 

submitted on August 15, 1994. These revisions include: 1) Rule R18–2–220, “Air pollution emergency 

 

5

 Maricopa County Rule 600 was adopted 7/13/1988 and approved by EPA into the SIP 3/18/1999 in 64 FR 13351.

6 Pinal County Rules were adopted 6/29/1993 and approved by EPA into the SIP on 12/20/2000 in 65 FR 79742.
13 

episodes”, amended effective September 26, 1990, 2) a letter from Eric C. Massey, Director, Air Quality, 

Arizona, and ADEQ, to Jared Blumenfeld, Regional Administrator, US EPA, dated August 30, 2012, 

certifying that the attached copy of a document titled “Procedures for Prevention of Emergency Episodes: 

1988 Edition” is a true and correct copy of the original and is an official publication of ADEQ, and 3) the 

document titled, “Procedures for Prevention of Emergency Episodes,” 1988 edition, ADEQ (77 FR at 

62454). The significant harm level for SO2 at 40 CFR 51.151 is unchanged and ADEQ’s emergency

episode rules and procedures approved into the SIP on October 15, 2012, meet the requirements for SO2

(77 FR 62452). Table 2-6 lists relevant sections of Arizona Revised Statutes and Administrative Code. 

Table 2-6: CAA 110(a)(2)(G) 

Emergency Powers 

Statute/Rule Relevant Sections Date approved into the 

Arizona SIP 

ADEQ Programs 

§ 49-462 Violations; injunctive relief 11/05/2012 (77 FR 66398) 

§ 49-465 Air pollution emergency 11/05/2012 (77 FR 66398) 

R9-3-215. Ambient Air Quality 

Monitoring Methods & Procedures 10/19/1984 (49 FR 41026) 

R9-3-219. Air Pollution Emergency 

Episodes 9/28/1982 (47 FR 42572) 

R18-2-220 Air Pollution Emergency 

Episodes 10/15/2012 (77 FR 62452) 

Air Quality Monitoring Procedures 

Manual (Referenced in R9-3-215) 

Procedures for Prevention of Emergency 

Episodes: 1988, Edition (Referenced in 

R18-2-220) 

 10/15/2012 (77 FR 62452) 

County Programs

§ 49-512 Violations; injunctive relief 11/05/2012 (77 FR 66398) 

2.8 CAA Section 110(a)(2)(H) – Plan Revisions 

Section 110(a)(2)(H) requires states to have authority to revise their SIPs in response to changes in the 

NAAQS or availability of improved methods for attaining the NAAQS. This Section also requires states 

to provide for plan revisions to ensure the adequacy of the plan to attain the air quality standards or to 

otherwise comply with any additional requirements established under the Clean Air Act. 

Arizona Revised Statutes contain authority to revise the Arizona SIP to comply with the requirements of 

the CAA including changes in the NAAQS. Under ARS §49-404, ADEQ is required to "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." Table 2-7 lists relevant 

sections of Arizona Revised Statutes. 
14 

Table 2-7: CAA 110(a)(2)(H) 

Plan Revisions 

Statute/Rule Relevant Sections Date approved into the 

Arizona SIP 

§ 49-404 State implementation 

plan 6/08/2000 (65 FR 36353) 

2.9 CAA Section 110(a)(2)(I) – CAA Title 1, Part D Nonattainment Area Requirements 

Section 110(a)(2)(I) requires nonattainment area plans to meet the applicable requirements of CAA Title 

1, Part D relating to nonattainment areas. 

The specific nonattainment area plan requirements of section 110(a)(2)(I) are subject to the timing 

requirement of section 172, not the timing requirement of section 110(a)(1). 

2.10 CAA Section 110(a)(2)(J) – Consultation with Government Officials, Public Notification, PSD 

and Visibility Protection: 

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 if NAAQS 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 

deterioration of air quality and visibility protection. 

Arizona agencies maintain appropriate consultation procedures with 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 behalf of affected 

local governments, county agencies, and the Department of Transportation to enter into 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 air quality planning agencies prior to adoption of any revision to the Arizona SIP. 

CAA Section 127 requires measures to notify the public of instances or areas in which any air quality 

standard is exceeded during the preceding calendar year, to advise the public of health hazards associated 

with air pollution, and to enhance public awareness of measures that can be taken to improve air quality. 

The results of air quality monitoring conducted throughout Arizona, including SO2 data, are published in 

ADEQ's Air Quality Annual Reports. Air quality forecasts, which include actual ambient air quality data 

for the preceding day, are made available to the public daily. The annual reports, daily forecasts, and 

other air quality information including tips for reducing pollution are available on the ADEQ Web site. 

ADEQ, and those counties with authority to implement portions of the SIP (Maricopa, Pinal, and Pima 

counties), certify to do now and will continue to notify the public on a regular basis of instances or areas 

in which any primary NAAQS was exceeded, consistent with the requirements of sections 110(a)(2)(J) 

and 127 of the Federal Clean Air Act. Such notifications are and will be available on the state and county 

air quality websites, which are updated daily to identify exceedances of the NAAQS that occurred during 

the previous day or any portion of the preceding calendar year. We commit to continue, through these 
15 

websites, to advise the public of the health hazards associated with such exceedances and to increase 

public awareness of: (1) measures which can be taken to prevent a primary standard from being exceeded, 

and (2) ways in which the public can participate in regulatory and other efforts to improve air quality. 

ADEQ has submitted a revision to the New Source Review SIP on October 29, 2012. ADEQ expects that 

the New Source Review SIP revision will bring the State of Arizona’s SIP for areas under the jurisdiction 

of ADEQ into compliance with the NSR/PSD requirements with the exception of the requirements 

pertaining to greenhouse gases (GHGs). 

Arizona's visibility protection program is designed to analyze the causes of visibility impairment and to 

develop and implement control strategies as required. Requirements include analysis of emissions from

new major sources or sources making major modifications and anticipated impacts on visibility at any 

Class I area. A more detailed discussion of Arizona’s Regional Haze SIP is provided above in Section 

1.4, CAA Section 110(a)(2)(D). Table 2-8 lists relevant sections of Arizona Revised. 

Table 2-8: CAA 110(a)(2)(J) 

Consultation with Government Officials, Public Notification, PSD and Visibility Protection 

Statute/Rule Relevant Sections Date approved into the 

Arizona SIP 

ADEQ Programs 

§ 49-104 Powers and duties of 

the department and director (A)(2), (A)(4), (B)(3) and (B)(5) 11/05/2012 (77 FR 66398) 

§ 49-405 Attainment area 

designations 11/05/2012 (77 FR 66398) 

§ 49-424 Duties of department 11/05/2012 (77 FR 66398) 

§ 49-425 Rules; hearing 11/05/2012 (77 FR 66398) 

County Programs 

§ 49-473 Board of supervisors 11/05/2012 (77 FR 66398) 

§ 49-474 County control boards 11/05/2012 (77 FR 66398) 

§ 49-479 Rules; hearing 11/05/2012 (77 FR 66398) 

2.11 CAA Section 110(a)(2)(K) – Air Quality Modeling 

Section 110(a)(2)(K) requires that SIPs provide for performing air quality modeling for predicting the

effect of emissions on ambient air quality and to submit data related to the modeling to EPA upon request. 

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 of the NAAQS meet EPA's most recent guidance on air quality models. All information and 

data are made available to EPA as required. 

ADEQ has submitted a revision to the New Source Review SIP on October 29, 2012. ADEQ expects that 

the New Source Review SIP revision will bring the State of Arizona’s SIP for areas under the jurisdiction 

of ADEQ into compliance with the NSR/PSD requirements of section 110(a)(2)(K) and 40 C.F.R. Part 

51, Subpart I, with the exception of the requirements pertaining to greenhouse gases (GHGs). Table 2-9 

lists relevant sections of Arizona Revised Statutes. 
16 

Table 2-9: CAA 110(a)(2)(K) 

Air Quality Modeling 

Statute/Rule Relevant Sections Date approved into the 

Arizona SIP 

ADEQ Programs 

§ 49-406 Nonattainment area 

plan (A), (E), (F)(8), (F)(9) 6/08/2000 (65 FR 36353) 

§ 49-422 Powers and duties (A)(3)(a), (A)(3)(b), (C)(1), 

(C)(2), (C)(3), (C)(4), (C)(5) 11/05/2012 (77 FR 66398) 

§ 49-424 Duties of department (2) 11/05/2012 (77 FR 66398) 

County Programs

§ 49-473 Board of supervisors 11/05/2012 (77 FR 66398) 

§ 49-474 County control boards 11/05/2012 (77 FR 66398) 

2.12 CAA Section 110(a)(2)(L) – Permit Fees 

Section 110(a)(2)(L) requires SIPs to require the owner or operator of a major stationary source to pay 

fees to the permitting authority to cover the cost of reviewing, 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. 

According to EPA issued Guidance7, “[t]he infrastructure SIP should provide citations to the regulations 

providing for collection of permitting fees under the state’s EPA-approved Title V permit program. See

40 CFR 70.9 (‘Fee determination and certification’), and 40 CFR Part 70, Appendix A, ‘Approval Status 

of State and Local Operating Permits Programs’.” 

Arizona received interim approval for the federal Title V permit program, established by the 1990 Federal 

Clean Air Act Amendment ( 61 FR 55915; October 30, 1996). The interim approval of the ADEQ Title V 

program became effective on Nov. 29, 1996. EPA fully approved the Title V operating permits programs 

for ADEQ, Maricopa County, Pima County, and Pinal County effective November 30, 2001 (66 FR 

63175; December 5, 2001 and 66 FR 63166; December 5, 2001). Subsequently, on May 17, 2005, EPA 

issued a notice of deficiency with respect to certain elements of Maricopa County’s Title V operating 

permits program, including the permit fee requirements (70 FR 32243; June 2, 2005). Following EPA’s 

performance of a Title V program evaluation and the Maricopa County Air Quality Department’s 

(MCAQD) subsequent submittal of corrections to address the identified deficiencies, EPA issued a notice 

of resolution explaining EPA’s bases for concluding that the MCAQD had resolved all of the issues 

identified in EPA’s May 17, 2005 notice of deficiency (71 FR 67061; November 20, 2006). Thus, all of 

the Arizona permitting agencies currently implement fully approved fee programs under Title V of the 

CAA. 

 

7Guidance On Infrastructure State Implementation Plan (SIP) Elements Required Under Sections 110(a)(1) and 

110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS), dated October 14, 2011.
17 

2.13 CAA Section 110(a)(2)(M) – Consultation/Participation by Affected Local Entities 

Section 110(a)(2)(M) requires states to provide for consultation and participation in SIP development by 

local political subdivisions affected by the plan. 

Arizona air quality agencies consult with 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 and public hearings conducted to solicit testimony from the public, local planning agencies, and 

other local political entities prior to adoption of any plan revisions. Table 2-10 lists relevant sections of 

Arizona Revised Statutes. 

3.0 CONCLUSION 

This revision to the Arizona SIP demonstrates that the existing authorities and infrastructure of Arizona 

State and local air quality management programs, in conjunction with the updated NSR/PSD SIP 

submitted on October 29, 2012, meet the basic program elements required under CAA Section 110(a)(2) 

for the 2010 SO2 NAAQS. ADEQ is diligently working with the EPA and all three counties to remedy all 

the issues identified by EPA in previous actions. ADEQ commits to developing the appropriate remedy 

for any deficiencies outlined by EPA and will submit SIP revisions as appropriate within the required 

timeframe. 

Table 2-10: CAA 110(a)(2)(M) 

Consultation/Participation by Affected Local Entities 

Statute/Rule Relevant Sections Date approved into the 

Arizona SIP 

ADEQ Programs 

§ 49-104 Powers and duties of 

the department and director (A)(2), (A)(4), (B)(3) and (B)(5) 11/05/2012 (77 FR 66398) 

§ 49-405 Attainment area 

designations (B)(2)(6) 11/05/2012 (77 FR 66398) 

§ 49-424 Duties of department (8), (10) 11/05/2012 (77 FR 66398) 

§ 49-425 Rules; hearing (B), (D) 11/05/2012 (77 FR 66398) 

County Programs

§ 49-473 Board of supervisors 11/05/2012 (77 FR 66398) 

§ 49-474 County control boards 11/05/2012 (77 FR 66398) 

§ 49-479 Rules; hearing 11/05/2012 (77 FR 66398) 
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Appendix A 

State Implementation Plan Revision Public Comment and Hearing Documentation 
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Appendix A.1 

Certification of the Public Hearing – Affidavit of Publication 
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ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY 

30 DAY PUBLIC COMMENT PERIOD AND HEARING ON A PROPOSED REVISION 

TO THE ARIZONA STATE IMPLEMENTATION PLAN UNDER CLEAN AIR ACT 

SECTION 110 (a)(1) AND (2) - IMPLEMENTATION OF THE 2010 SULFUR DIOXIDE 

(SO2) NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) 

The Arizona Department of Environmental Quality (ADEQ) opens a second thirty day public 

comment period with the publication of this notice on June 12, 2013, for a proposed revision to 

the Arizona State Implementation Plan (SIP) for the 2010 SO2 NAAQS under Clean Air Act 

Section 110(a)(1) and (2). Previous notice was provided on April 22, 2013, for a comment 

period that closed on May 22, 2013. 

A public hearing on the proposed SIP revision will be held on Monday, July 15, 2013, at 2:00 

p.m., in ADEQ Conference Room 145, 1110 W. Washington St., Phoenix, AZ. All interested 

parties will be given an opportunity at the public hearing to submit comments, data, and views, 

orally and in writing. Written comments may be submitted prior to or during the public hearing 

and must be postmarked or received at ADEQ by 5:00 p.m. on July 15, 2013. 

Written comments should be addressed, faxed, or e-mailed to Ahmed Abdullah, Air Quality 

Division, State Implementation Plan Section, Arizona Department of Environmental Quality, 

1110 W. Washington St., Phoenix, AZ 85007, FAX: (602) 771-2366, E-Mail: aa4@azdeq.gov 

Copies of the proposed SIP are available for review, Monday through Friday, between 8:30 a.m. 

and 4:30 p.m., at the ADEQ Records Center, 1110 W. Washington St., Phoenix, AZ 85007, 

(602) 771-4712. The proposed SIP can also be viewed online at 

http://www.azdeq.gov/environ/air/plan/index.html by selecting Air Quality – Public Notices, 

Meetings, and Hearings. 

Persons with a disability may request a reasonable accommodation such as a sign language 

interpreter, by contacting Alicia Pollard, (602) 771-4791, via email pollard.alicia@azdeq.gov

TDD line for hearing impaired individuals, (602) 771-4829. Requests should be made as early as 

possible to allow time to arrange the accommodation. 
(This page is intentionally blank.) 

(This page is intentionally blank.) 
AIR QUALITY DIVISION

HEARING ON A PROPOSED REVISION TO THE ARIZONA STATE IMPLEMENTATION 

PLAN UNDER CLEAN AIR ACT SECTION 110(A)(1) AND (2): IMPLEMENTATION OF THE 

2010 SULFUR DIOXIDE NATIONAL AMBIENT AIR QUALITY STANDARD 

Monday, July 15, 2013, at 2:00 p.m. 

Arizona Department of Environmental Quality, Conference Room 145 

1110 W. Washington St., Phoenix, AZ 85007 

Pursuant to 40 CFR § 51.102 notice is hereby given that the above referenced meeting is open to the 

public. 

1. Welcome and Introductions 

2. Purposes of the Oral Proceeding 

3. Procedure for Making Public Comment 

4. Brief Overview of the Proposed SIP Revision 

5. Question and Answer Period 

6. Oral Comment Period 

7. Adjournment of Oral Proceeding 

Copies of the proposed SIP are available for review, Monday through Friday, between 8:30 a.m. and 4:30

p.m., at the ADEQ Records Center, 1110 W. Washington St., Phoenix, AZ 85007, (602) 771-4712. The 

proposed SIP can also be viewed online at http://www.azdeq.gov/environ/air/plan/index.html by 

selecting Air Quality – Public Notices, Meetings, and Hearings. For additional information regarding the 

hearing please call Ahmed Abdullah, ADEQ Air Quality Division, at (602) 771 - 6403 or 1-800-234-

5677, Ext. 771-6403. 

Persons with a disability may request a reasonable accommodation such as a sign language interpreter, by 

contacting Alicia Pollard at (602) 771-4791, or via email: pollard.alicia@azdeq.gov. TDD line for hearing 

impaired individuals, (602) 771-4829. Requests should be made as early as possible to allow time to 

arrange the accommodation. 
(This page is intentionally blank.) 
Appendix A.3 

Public Hearing Sign-In-Sheet 
(This page is intentionally blank.) 

(This page is intentionally blank.) 
Appendix A.4 

Public Hearing Officer Certification and Transcript
(This page is intentionally blank.) 
1

1 PROPOSED ARIZONA AIR QUALITY 

2 STATE IMPLEMENTATION PLAN (SIP) 

3 

4 HEARING ON PROPOSED REVISION TO THE ARIZONA STATE IMPLEMENTATION 

5 PLAN UNDER THE CLEAN AIR ACT SECTION 110 (a)(1) AND (2) - IMPLEMENTATION 

6 OF THE 2010 SULFUR DIOXIDE (SO2) NATIONAL AMBIENT AIR QUALITY 

7 STANDARDS (NAAAQS) 

8 

9 Oral Proceeding 

10 Hearing Officer Script 

11 

12 July 15, 2013 

13 

14 Danielle Hazeltine: Good morning, thank you for coming. I now open this hearing on the 

15 proposed revision to the Arizona State Implementation Plan (or SIP) under Clean Air Act (CAA) 

16 section 110 (a)(1) and (2) - Implementation of the 2010 Sulfur Dioxide National Ambient Air 

17 Quality Standard. 

18 

19 It is now Monday, July 15, 2013; the time is 2:03 p.m.. The location is Arizona Department of 

20 Environmental Quality, 1110 West Washington St, Phoenix, AZ 85007, conference room 

21 number 145. 

22 

23 My name is Danielle M. Hazeltine, and I have been appointed by the Director of the Arizona 

24 Department of Environmental Quality (ADEQ) to preside at this proceeding. 

25 

26 The purposes of this proceeding are to provide the public an opportunity to: 

27 

28 (1) hear about the substance of the proposed SIP revision; 

29 (2) ask questions regarding the revision; and, 

30 (3) present oral argument, data and views regarding the revision in the form of comments on the 

31 record. 
2

1 

2 Ahmed Abdullah is here representing ADEQ from the Air Quality Division, State 

3 Implementation Plan Section. 

4 

5 Public notice appeared in the Arizona Republic and ADEQ’s website beginning June 12, 2013. 

6 Copies of the proposed SIP revision were made available at the ADEQ Phoenix Records Center 

7 and ADEQ’s website beginning June 12, 2013. 

8 

9 The procedure for making a public comment on the record is straightforward. If you wish to 

10 comment, you need to fill out a speaker slip, which is available at the sign-in table, and I think 

11 we forgot them, so if you have comments, let me know. Using speaker slips allows everyone an 

12 opportunity to be heard and allows us to match the name on the official record with the 

13 comments. You may also submit written comments to me today. 

14 

15 Please note, the comment period for the proposed SIP revision ends today, July 15, 2013. All 

16 written comments whether they were sent via U.S. mail or via e-mail or via FAX must be 

17 postmarked or received by ADEQ by 5:00 p.m. today. 

18 

19 Comments made during the formal comment period are required by law to be considered by 

20 ADEQ when preparing the final SIP. This is done through the preparation of a responsiveness 

21 summary in which the Department responds in writing to written and oral comments made 

22 during the formal comment period. 

23 

24 The agenda for this hearing is simple. First, we will present a brief overview of the proposed 

25 revision to the SIP. 

26 

27 Second, I will conduct a question and answer period. The purpose of the question and answer 

28 period is to provide information that may help you in making comments on the proposed 

29 revision. 

30 
3

1 Thirdly, I will conduct the oral comment period to call speakers in the order that I have received 

2 their speaker slips. 

3 

4 Please be aware that any comments at today's hearing that you want the Department to formally 

5 consider must be given in writing or on the record at today’s hearing during the oral comment 

6 period of this proceeding. 

7 

8 At this time, Mr. Abdullah will give a brief overview of the proposal. 

9 

10 * * * * * 

11 Ahmed Abdullah: Clean Air Act (CAA) Section 110(a)(1) requires states to submit State 

12 Implementation Plans (SIPs) within three years following the promulgation of new or revised 

13 National Ambient Air Quality Standard (NAAQS) to provide for implementation, maintenance, 

14 and enforcement of such standards. These SIPs must address certain basic elements or the 

15 "infrastructure" for air quality management programs under CAA Section 110(a)(2). These 

16 elements, detailed in CAA Sections 110(a)(2)(A) through (M), include provisions for 

17 monitoring, emissions inventories, and modeling designed to assure attainment and maintenance 

18 of the NAAQS. 

19 

20 As background, the U.S. Environmental Protection Agency (EPA) issued a new primary 

21 NAAQS for oxides of sulfur as measured by Sulfur Dioxide (SO2), effective August 23, 2010 

22 (75 FR 35519; June 22, 2010). EPA established a new 1-hour standard at a level of 75 parts per 

23 billion (ppb), based on the 3-year average of the annual 99th percentile of 1-hour daily maximum 

24 concentrations. EPA also revoked both the existing 24-hour and annual primary SO2 standards. 

25 

26 This revision to the SIP demonstrates that state and local air quality management programs and 

27 commitments meet the basic program elements required under CAA Sections 110(a)(1) and (2) 

28 for implementing the 2010 SO2 NAAQS. 

29 

30 * * * * * 

31 
4

1 

2 Ms. Hazeltine: This concludes the explanation period of this proceeding on the proposed revision 

3 to the SIP. 

4 

5 * * * * * 

6 

7 Are there any questions before we move to the oral comment period? 

8 

9 This concludes the question and answer period of this proceeding on the proposed revision to the 

10 SIP. 

11 

12 * * * * * 

13 

14 I now open this proceeding for oral comments. 

15 

16 Seeing none, this concludes the oral comment period of this proceeding. 

17 

18 * * * * * 

19 

20 If you have not already submitted written comments, you may submit them to me at this time. 

21 Again, the comment period for this proposed revision to the SIP ends today, July, 15, 2013, at 

22 5:00 p.m. 

23 

24 Thank you for attending. 

25 

26 The time is now 2:08 p.m.. I now close this oral proceeding. 

27 

28 

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Appendix A.5 

Responsiveness Summary 
(This page is intentionally blank.) 









(This page is intentionally blank.) 
RESPONSIVENESS SUMMARY 

to 

Testimony Taken at Oral Proceedings and Written Comments Received on 

Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2): 

Implementation of the 2010 Sulfur Dioxide National Ambient Air Quality Standard 

An oral proceeding on the June 2013, Proposed Arizona State Implementation Plan Revision under Clean 

Air Act Section 110(a)(1) and (2): Implementation of the 2010 Sulfur Dioxide National Ambient Air 

Quality Standard, was held on Wednesday, May 22, 2013, at 2:00 p.m., at the Arizona Department of 

Environmental Quality (ADEQ), 1110 West Washington St, Phoenix, Arizona, conference room 145. 

The public comment period began on April 22, 2013, and closed on Wednesday May 22, 2013. No oral 

comments were received during the public hearing. One letter, submitted on behalf of Sierra Club, was

received on May 22, 2013, and is included in Appendix (insert Appendix number) [I think this SIP should 

include the comment documents]. 

On June 2, 2013, ADEQ was notified by the Arizona Republic that the public notice was not published 

for the initial comment period. To comply with Clean Air Act (CAA) requirements, a second comment 

period and public hearing were scheduled. A second oral proceeding on the June 2013, Proposed Arizona 

State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2): Implementation of the 

2010 Sulfur Dioxide National Ambient Air Quality Standard, was held on Monday, July 15, 2013, at 2:00 

p.m., at the Arizona Department of Environmental Quality (ADEQ), 1110 West Washington St, Phoenix, 

Arizona, conference room 145. The public comment period began on June 12, 2013, and closed on 

Monday, July 15, 2013. No oral comments were received during the public hearing. 

The written comments and ADEQ's responses are described below. No changes were made in response to 

public comments received, however, during its final review of the proposed State Implementation Plan 

Revision, ADEQ made minor corrections for clarity, grammar and formatting. 

1) Comment: Arizona must include the new 2010 Sulfur Dioxide (SO2) National Ambient Air Quality 

Standard (NAAQS) in its State Implementation Plan (SIP). 

Response: Arizona Administrative Code (AAC) R18-2-202 was amended to add the 2010 SO2

NAAQS in a Notice of Final Rulemaking published July 6, 2012, in the Arizona Administrative 

Register (AAR), effective August 7, 2012 (see AAR Volume 18, Issue 27, at 1595). Publication in the 

AAC is pending. The updated rule was submitted to the U.S. Environmental Protection Agency (EPA) 

on October 29, 2012, as part of the New Source Review (NSR) permitting program for inclusion in the 

Arizona SIP. 

2) Comment: The Arizona proposed infrastructure SIP provisions are insufficient to comply with section 

110(a)(2)(A) of the Act, as they do not impose emission restrictions on major sources of SO2 which 

under current regulations are capable of violating the one-hour NAAQS. Arizona must include 

adequate enforceable one-hour SO2 emission limitations to ensure that large sources of SO2 have 

emission limits sufficient to prevent them from causing or contributing to violations of the 2010 SO2

NAAQS. Sierra Club’s modeling is appropriate to use for evaluating the adequacy of infrastructure 

SIPs (the commenter provided dispersion modeling analyses showing violations of the new NAAQS in 

certain areas of Navajo and Pima Counties). 

Response: Clean Air Act Section 110(a)(1) requires states to submit SIPs within three years following 

the promulgation of new or revised National Ambient Air Quality Standards to provide for 
implementation, maintenance, and enforcement of such standards. Each of these SIPs must address 

certain basic elements or the "infrastructure" of its air quality management programs under CAA 

Section 110(a)(2) including provisions for monitoring, emissions inventories, and modeling designed 

to assure attainment and maintenance of the NAAQS. The statutes and programs included in this SIP 

are adequate to meet the basic program elements required under CAA Section 110(a)(2) and provide 

the necessary authority for state and local air quality management programs to implement the 2010 

SO2 air quality standards. 

Clean Air Act 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 of the CAA. The timing of submittals for specific control measures and plans 

for areas not meeting the NAAQS (nonattainment areas), however, are subject to the requirements of 

CAA, Title 1, Part D, "Plan Requirements for Nonattainment Areas;" therefore, the demonstration of 

compliance with CAA Section 110(a)(2)(A) contained in this SIP includes the authority for State and 

local air quality management programs to adopt and implement emissions limitations or other control 

measures necessary to assure attainment and maintenance of the 2010 SO2 air quality standards in all 

areas of Arizona, including any areas designated nonattainment in future actions. 

One of the first steps in implementing a new NAAQS is determining what areas of the State meet 

(attainment areas), do not meet (nonattainment areas), or cannot be classified as either attainment or

nonattainment (unclassifiable areas) for the revised air quality standard. Pursuant to CAA Section 

107(d), Arizona submitted recommendations for the 2010 SO2 standard to the U.S. Environmental 

Protection Agency (EPA) for all areas of the State except Indian Country on May 25, 2011. Arizona’s 

two recommended nonattainment areas (portions of Gila and Pinal Counties) included all areas with 

monitored violations of the new standard as well as the primary emissions sources that likely 

contribute to those violations. The remainder of the State was recommended as unclassifiable based 

on available information at that time. 

In a February 6, 2013, letter to Governor Brewer, EPA indicated its intent to concur with Arizona’s 

nonattainment recommendations and designate portions of Gila and Pinal Counties as nonattainment, 

based, in part, on the most recent monitored air quality data from 2009-2011. At the same time, EPA 

deferred action on areas recommended unclassifiable, stating; “The EPA intends to address the 

designations for all other areas in separate future actions.” Further, EPA is currently working to 

develop guidance and rules for determining the attainment status of these other areas, including those

areas with significant sources of SO2 emissions. 

In May 2013, EPA released “... draft versions of the Sulfur Dioxide (SO2) National Ambient Air 

Quality Standards Designations Modeling Technical Assistance Document and the SourceOriented Sulfur Dioxide (SO2) Monitoring Technical Assistance Document (TADs) for public 

review and comment.” Stating, “EPA is providing these documents to assist state, local, and tribal air 

agencies in characterizing ambient SO2 air quality through modeling or monitoring in areas around or 

impacted by SO2 emission sources. Modeling and monitoring results would be used for comparison to 

the NAAQS. EPA expects that it will be necessary to characterize air quality in proximity to SO2

sources (beyond that of the current SO2 monitoring network) to to complete initial designations for the 

2010 SO2 NAAQS. EPA expects to establish further requirements for monitoring and modeling data 

used for designations in a future rule.” (Comments are due on both draft guidance documents by July 

22, 2013. See EPA’s website at http://www.epa.gov/airquality/sulfurdioxide/implement.html.) 

ADEQ will follow the guidance, rules, and timelines established by EPA for SO2 designations using 

either modeling or monitoring information, as appropriate. For those areas designated nonattainment, 

ADEQ will develop nonattainment area SIPs according to CAA requirements including any control 
strategies necessary to attain and maintain the NAAQS. ADEQ thanks the commenter for the letter 

and analyses and will consider the information provided as we continue the process of implementing 

the 2010 SO2 NAAQS.