(This page is intentionally blank.)ENCLOSURE 1

Arizona Revised Statues §§ 49-104, 49-106, 49-404, 49-406, and 49-42549

- 104. Powers and duties of the department and director

A. The department shall: 1. Formulate policies, plans and programs to implem ent this title to protect the

environment. 2. Stimulate and encourage all local, state, region al and federal governmental agencies and all private persons and enterprises that have s imilar and related objectives and purposes, cooperate with those agencies, persons an d enterprises and correlate department plans, programs and operations with thos e 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 depart ment 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 gov ernor and the legislature on all matters concerning department objectives. 6. Promote and coordinate the management of air res ources to assure their protection,
enhancement and balanced utilization consistent wit h the environmental policy of this

state. 7. Promote and coordinate the protection and enhanc ement of the quality of water resources consistent with the environmental policy of this state. 8. Encourage industrial, commercial, residential an d community development that
maximizes environmental benefits and minimizes the effects of less desirable
environmental conditions. 9. Assure the preservation and enhancement of natur al 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 chapte r 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 wa stes consistent with sound health, scenic and environmental quality policies. Beginning in 20 14, 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 cont ribute to pollution. 13. Promote the restoration and reclamation of degr aded or despoiled areas and natural

resources. 14. Assist the department of health services in rec ruiting 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 collec t data and conduct projects in the United
States and Mexico on issues that are within the sco pe 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 ass ess and enhance the economiccompetitiveness of this state and of the Arizona

- Mexico region.

17. Unless specifically authorized by the legislatu re, ensure that state laws, rules, standards, permits, variances and orders are adopte d and construed to be consistent with and no more stringent than the corresponding f ederal law that addresses the same subject matter. This provision shall not be constru ed 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, c onsultants and aides reasonably necessary or desirable to enable the department to adequately perform its duties. 2. Contract and incur obligations reasonably necess ary or desirable within the general scope of department activities and operations to en able 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 imp lement the authority granted under this title, but that are not inconsistent with othe r provisions of this title. 5. Contract with other agencies, including laborato ries, in furthering any department

program. 6. Use monies, facilities or services to provide ma tching contributions under federal or other programs that further the objectives and prog rams of the department. 7. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for dep artment services and publications and to conduct programs that are consistent with the ge neral purposes and objectives of this chapter. Monies received pursuant to this paragraph shall be deposited in the department fund corresponding to the service, publi cation or program provided. 8. Provide for the examination of any premises if t he director has reasonable cause to believe that a violation of any environmental law o r 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 exam ination 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 pr ojects 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 he alth, safety or welfare. 10. Adopt and enforce rules relating to approving d esign documents for constructing, improving and operating sanitary engineering and ot her 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 su bdivisions. The rules shall: (a) Provide for minimum sanitary facilities to be i nstalled in the subdivision and may require that water systems plan for future needs an d be of adequate size and capacity to deliver specified minimum quantities of drinking wa ter and to treat all sewage. (b) Provide that the design documents showing or de scribing the water supply, sewage disposal and garbage collection facilities be submi tted with a fee to the department for review and that no lots in any subdivision be offer ed for sale before compliance with thestandards and rules has been demonstrated by approv al of the design documents by the

department. 12. Prescribe reasonably necessary measures to prev ent 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 s tandards for the design of and for sanitary conditions at any public or semipublic swi mming pool or bathing place and provide for abatement as public nuisances of premis es and facilities that do not comply
with the minimum standards. The rules shall be deve loped in cooperation with the director of the department of health services and s hall 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 col lection, 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 s ewage collection systems and treatment, disposal and reclamation systems and for operating the systems. (b) Provide for inspecting the premises, systems an d installations and for abating as a public nuisance any collection system, process, tre atment plant, disposal system or reclamation system that does not comply with the mi nimum standards. (c) Require that design documents for all sewage co llection systems, sewage collection system extensions, treatment plants, processes, dev ices, equipment, disposal systems,
on-site wastewater treatment facilities and reclama tion systems be submitted with a fee for review to the department and may require that t he design documents anticipate and provide for future sewage treatment needs. (d) Require that construction, reconstruction, inst allation or initiation of any sewage collection system, sewage collection system extensi on, treatment plant, process, device, equipment, disposal system, on-site wastewater trea tment 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 s torage, handling, treatment, transportation and disposal and shall provide for i nspection of premises, processes and vehicles and for abating as public nuisances any pr emises, processes or vehicles that do not comply with the minimum standards. (b) Provide that vehicles transporting human excret a from privies, septic tanks, cesspools and other treatment processes shall be li censed by the department subject to compliance with the rules. The department may requi re payment of a fee as a condition
of licensure. After the effective date of this amen dment to this section, the department shall establish by rule a fee as a condition of lic ensure, including a maximum fee. As part of the rule making process, there must be public no tice and comment and a review of the rule by the joint legislative budget committee. Aft er September 30, 2013, the department shall not increase that fee by rule with out 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 an d maintaining a data automation management system to support the reporting requirem ents 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 th e authority granted under title 44, chapter 9, article 8 and chapters 4 and 5 of this t itle for the department to adequately perform its duties. All fees shall be fairly assess ed 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 ser vices, equipment, in-state travel and other necessary operational expenses directly relat ed 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 t o the fees. (d) The fees charged for similar duties performed b y the department, other agencies and the private sector. C. The department may: 1. Charge fees to cover the costs of all permits an d 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 pursu ant 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 purpos es of assisting the department in reviewing applications for licenses, permits or oth er 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 applicatio n review by requesting that the department use the services of the consultant and b y agreeing to pay the department
the costs of the consultant's services. Notwithstan ding any other law, monies paid by applicants for expedited reviews pursuant to this p aragraph are appropriated to the department for use in paying consultants for servic es. 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 a ny person or property in transit through this state and any vehicle in which the per son or property is being transported and detain or disinfect the person, property or veh icle 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 autho rity of local governing bodies to adopt ordinances and rules within their respective jurisd ictions if those ordinances and rules do not conflict with state law and are equal to or mor e restrictive than the rules of the department, but this section does not grant local g overning bodies any authority not otherwise provided by separate state law49

- 404

. State implementation plan

A. The director shall maintain a state implementati on plan that provides for implementation, maintenance and enforcement of nati onal ambient air quality standards and protection of visibility as required by the cle an air act. B. The director may adopt rules that describe proce dures 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 t o the extent otherwise provided by the clean air act, inconsistent with any provision of t he 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 f or any air pollutant may be modified after enactment in any manner unless the modificati on insures equivalent or greater emission reductions of the air pollutant. The direc tor 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 re quired by subsection B are effective49

- 406

. Nonattainment area plan

A. For any ozone, carbon monoxide or particulate no nattainment or maintenance area the governor shall certify the metropolitan plannin g organization designated to conduct the continuing, cooperative and comprehensive trans portation 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 no nattainment or maintenance area for which no metropolitan planning organization exists, the department shall be certified as the agency responsible for development of a nonatta inment or maintenance area plan for
that area. C. For any ozone, carbon monoxide or particulate no nattainment or maintenance area, the department, the planning agency certified pursu ant to subsection A of this section on behalf of elected officials of affected local gover nment, the county air pollution control department or district, and the department of trans portation shall, by November 15, 1992, and from time to time as necessary, jointly r eview and update planning procedures or develop new procedures. D. In preparing the procedures described in subsect ion C of this section, the department, the planning agency certified pursuant to subsectio n 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 shal l determine which elements of each revised implementation plan will be developed, adop ted, 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 pu rsuant to subsection A of this section on behalf of elected officials of affected local go vernment, the county air pollution control department or district, and the department of trans portation shall enter into a memorandum of agreement for the purpose of coordina ting 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 respon sibilities for development of nonattainment or maintenance area plans or plan rev isions and for determining reasonable further progress. 3. Assurances for adequate plan implementation. 4. Procedures and responsibilities for tracking pla n implementation. 5. Responsibilities for preparing demographic proje ctions 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, tra nsportation and emissions data. 9. Responsibility for conducting air quality modeli ng. 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 emissi on limitation or other control measure, means or technique contained in the implem entation plan shall describe that commitment in a resolution adopted by the appropria te 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 p ursuant to section 49-404, and the governing body of the metropolitan planning organiz ation shall adopt each nonattainment or maintenance area plan developed by a certified metropolitan planning organization. The adopted nonattainment or maintena nce area plan shall be transmitted to the department for inclusion in the state implem entation 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 t hat any person has failed to implement an emission limitation or other control measure, me ans 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 ha s not been corrected, the county attorney, at the request of the control officer, sh all 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 opportun ity to confer. If the director subsequently determines that the failure has not be en corrected, the attorney general, at the request of the director, shall file an action i n superior court for a preliminary injunction, a permanent injunction, or any other re lief provided by law.49

- 425

. Rules; hearing

A. The director shall adopt such rules as he determ ines are necessary and feasible to reduce the release into the atmosphere of air conta minants originating within the territorial limits of the state or any portion ther eof and shall adopt, modify, and amend reasonable standards for the quality of, and emissi ons into, the ambient air of the state for the prevention, control and abatement of air po llution. Additional standards shall be established for particulate matter emissions, sulfu r dioxide emissions, and other air contaminant emissions determined to be necessary an d feasible for the prevention, control and abatement of air pollution. In fixing s uch ambient air quality standards, emission standards or standards of performance, the director shall give consideration but shall not be limited to the relevant factors prescr ibed by the clean air act. B. No rule may be enacted or amended except after t he 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 b y the director.(This page is intentionally blank.)ENCLOSURE 2
State Implementation Plan Completeness Checklist(This page is intentionally blank.)1 STATE IMPLEMENTATION PLAN COMPLETENESS CHECKLIST

Submittal of

Arizona State Implementation Plan Revision under Cl ean 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 S ubmissions , contains the “minimum criteria for determining whether a Sta te Implementation Plan submitted for consideration by EPA is an official submission for purposes of re view 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 th e State code or body of regulations; or issued the permit, order, consent agreement (hereafter ‘‘d ocument’’) in final form. That evidence shall include the date of adoption or final issuance as w ell 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 au thority 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 submi tted for approval and incorporation by reference into the plan, including indication of th e changes made (such as, redline/strikethrough) to the existing approved pla n, where applicable ..." [Appendix V, 2.1(d)]

See Enclosure 3.

5. "Evidence that the State followed all of the proced ural requirements of the State’s laws and constitution in conducting and completing the adopt ion/issuance of the plan." [Appendix V, 2.1(e)]

See Enclosure 3

6. "Evidence that public notice was given of the propo sed 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 constitu tion, 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 res ponse thereto." [Appendix V, 2.1(h)]

See Enclosure 3, Appendix A.

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

Sulfur Dioxide (SO 2 ).

10. "Identification of the locations of affected source s 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 em issions from the affected sources; estimates of changes in current actual emissions from affecte d sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the
differences between certain baseline levels and all owable 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 ambien t air quality standards, prevention of significant deterioration increments, reasonable fu rther progress demonstration, and visibility, as applicable, are protected if the plan is approve d and implemented. For all requests to redesignate an area to attainment for a national pr imary ambient air quality standard, under section 107 of the Act, a revision must be submitte d 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 propo sed revision, including input data, output data, models used, justification of model selection s, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of models used, assumptions, and other information relevant t o the determination of adequacy of the modeling analysis." [Appendix V, 2.2(e)]

Not applicable for current submission.

14. "Evidence, where necessary, that emission limitatio ns 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 limitatio ns, work practice standards and recordkeeping/reporting requirements, where necessa ry, 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 c ompliance 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 n ecessary." [Appendix V, 2.2(i)]

No known deviation from U.S. EPA policy.(This page is intentionally blank.)ENCLOSURE 3

Final Arizona State Implementation Plan Revision, 2 010 Sulfur Dioxide (SO 2 ) National Ambient Air Quality Standards (NAAQS) – July 2013(This page is intentionally blank.)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

### (This page is intentionally blank.)i TABLE OF CONTENTS Page

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

................................................... ........................................... i

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

................................................... ................................................. i i

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 Contr ol 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 G overnment Officials, Public Notification, PSD and Visibility Protection

.................................................. ........ 14

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

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

................................................... ............... 16

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

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

................................................... ........................ 17

3.0 CONCLUSION ....................................

................................................... ....................................... 17ii 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 M ONITORING ........................................ 4

TABLE 2-3: CAA 110(A)(2)(C) - ENFORCEMENT OF CONTRO L 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 GO VERNMENT 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/PARTIC IPATION 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 COMPLETENES S CHECKLIST

ENCLOSURE 3 FINAL ARIZONA STATE IMPLEMENTATION PL AN REVISION, 2010 SULFUR DIOXIDE (SO2) NATIONAL AMBIENT AIR QUALITY ST ANDARDS (NAAQS)

LIST OF APPENDICES

APPENDIX A STATE IMPLEMENTATION PLAN REVISION PUB LIC 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 CERTIFICATIO N AND

TRANSCRIPT

APPENDIX A.5 RESPONSIVENESS SUMMARY1

1.0 INTRODUCTION

Clean Air Act (CAA) Section 110(a)(1) requires stat es to submit State Implementation Plans (SIPs) within three years following the promulgation of ne w 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 "in frastructure" of its air quality management program s under CAA Section 110(a)(2). These elements, detai led in CAA Sections 110(a)(2)(A) through (M), include provisions for monitoring, emissions invent ories, and modeling designed to assure attainment a nd maintenance of the NAAQS.

As background, the U.S. Environmental Protection Ag ency (EPA) issued a new primary NAAQS for oxides of sulfur as measured by Sulfur Dioxide (SO 2 ), 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 dai ly maximum concentrations. EPA also revoked both the existing 24-hour and annual primary SO 2 standards. The final rule also made changes to am bient 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 SO 2 planning areas, be designated nonattainment for th e new standard. Arizona's two recommended nonattainment areas include all areas with monitored violations o f the new standard as well as the primary emissions s ources 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 Stat e of its intention to designate the Hayden and Miam i planning areas as nonattainment consistent with the Governor's recommendation. EPA also indicated its intention to address designations for all other are as in separate future actions. 2 Final EPA designation actions are pending. Specific nonattainment area r equirements 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 re ference the statutes and rules already submitted an d approved by EPA in order to demonstrate that Arizon a State and local air quality management programs meet the basic program elements required under Clea n Air Act (CAA) Sections 110(a)(1) and (2) for implementing the 2010 Sulfur Dioxide (SO 2 ) NAAQS.

The statutes and programs referenced in Section 2.0 , which are the authorities and infrastructure of Arizona State and local air quality management prog rams, are adequate to ensure attainment and

maintenance of the 2010 SO 2 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 disc ussed 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 Bo undary Recommendations for the 2010 Primary National Ambient Air Quality Standard for Sulfur Di oxide, April 25, 2011, available at http://www.epa.gov/so2designations/region9r.html.

2 See Administrator Blumenfeld's February 6, 2013, le tter to Governor Brewer, available at http://www.epa.gov/so2designations/region9r.html.

3 See “Partial Approval and Disapproval of Air Quali ty Implementation Plans; Arizona; Infrastructure Re quirements for Ozone and Fine Particulate Matter” (77 FR 66398 ; November 5, 2012) and “Finding of Failure to Subm it a2

developing the appropriate remedy for any outstandi ng deficiencies outlined by EPA and will submit SIP revisions as appropriate within the required timefr ame.

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

PROGRAM ELEMENTS FOR ARIZONA

Arizona Revised Statutes (ARS), Title 49, "Environm ent," 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 th ree county agencies operate air quality control programs under direct or delegated authority. Thes e air pollution control agencies are: Arizona Department of Environmental Quality (ADEQ), Maricop a County Air Quality Department (MCAQD), Pima County Department of Environmental Quality (PD EQ), 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 "maintai n a state implementation plan that provides for implementation, maintenance and enforcement of Nati onal Ambient Air Quality Standards and protection of visibility as required by the Clean Air Act" (AR S §49-404). ADEQ is also responsible for coordinating, along with local officials, the devel opment, adoption, and enforcement of control measur es and permits where no local air quality control agen cy exists. In addition, ADEQ has original jurisdic tion in all areas of the State for certain stationary an d portable, and all mobile sources, including petro leum refineries, coal fired electrical generating statio ns, and the motor vehicle emissions inspection prog ram (ARS §49-402).

Except for the sources noted above, the county agen cies 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 fun ction or duty as required. State law also provides direct county authority to adopt and enforce programs, rul es, and ordinances for the prevention, control and abatement of air pollution (ARS Title 49, Chapter 3 , and Article 3).

Two Metropolitan Planning Organizations, the Marico pa Association of Governments (MAG) and the Pima Association of Governments (PAG), are certifie d for the development of certain nonattainment and maintenance area plans within their respective juri sdictions (ARS §49-406). MAG and PAG submit their plans to ADEQ for adoption and inclusion in the sta te implementation plan pursuant to ARS §49-406 (H).

The following sections summarize the requirements o f CAA Sections 110(a)(2)(A) through (M) and present information that demonstrate Arizona's Stat e and local air pollution control programs, and commitments to update these programs, meet the basi c infrastructure elements and are adequate to ensur e attainment and maintenance of the 2010 SO 2 NAAQS.

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

Section 110(a)(2)(A) requires SIPs to include enfor ceable emission limitations and other control measures, means, or techniques, as well as schedule s 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 Require ments for Nonattainment Areas;" therefore, the

Complete State Implementation Plan for Section 110( a) Pertaining to the 2008 Ozone National Ambient Ai r 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 SO 2 air quality standards in all areas of Arizona. Ta ble 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 provi sions for establishment and operation of ambient ai r quality monitors, to compile and analyze ambient ai r quality data, and make these data available to EP A
upon request. Arizona maintains an extensive monitoring network o perated by State and County agencies designed to collect, compile, and analyze ambient air quality d ata in attainment and nonattainment areas of the st ate. Operating agencies track data recovery, quality con trol and quality assurance parameters for all instruments operated at various network sites. Cri teria pollutant concentrations, such as SO 2 , are measured with instruments meeting EPA certification as Federal Reference or Equivalent Methods. All

data collected within the SO 2 compliance network is compared to the NAAQS, statis tically analyzed for trends, and recorded quarterly in EPA's Air Quality System.

Per Code of Federal Regulations (CFR), Title 40, Pa rt 58 the State and county agencies (ADEQ, MCAQD, PDEQ, and PCAQCD) annually submit to EPA net work monitoring plans. These plans identify the purpose of each monitor and provide ev idence that both the siting and the operation of ea ch 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 SO 2 monitoring networks (75 FR 35519). Information con tained in Arizona’s boundary recommendations4

demonstrate that the State’s network meets or excee ds 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 F R 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 66 398)

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

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

Section 110 (a)(2)(C) requires states to include a program providing for enforcement of all SIP measur es and the regulation of construction of new or modifi ed stationary sources to meet Prevention of Signifi cant Deterioration (PSD) and nonattainment New Source Re view (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 reg ulated through permits programs (open uncontrolled burns, construction, vacant land, etc.). As part o f the SIP enforcement program, ADEQ and local agencies track all committed SIP control measures a nd work with the entities responsible for those measures to provide any needed assistance and ensur e timely implementation. If any agency or entity fails to implement a committed measure, the county is authorized to file an action in superior court f or injunction or any other relief provided by law. Si milarly, if the county fails to ensure implementati on 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, Artic les 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 permi t before constructing, changing, replacing, or oper ating any equipment or process which may cause air pollut ion. This includes equipment designed to reduce ai r pollution. Permits are also required if an existin g facility that causes air pollution transfers owne rship, relocates, or otherwise changes operations.

ADEQ and county permitting agencies operate air qua lity permit compliance programs to ensure implementation of emission limits and other control measures for permitted sources. These programs include scheduled and unscheduled inspections condu cted 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 whic h the State or county may issue orders of abatement, and, through the Attorney General or Cou nty 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 r eview and permitting pursuant to Arizona

Administrative Code (AAC), Title 18, Chapter 2, Articles 2, 3, and 4 o r relevant county rules. All new major sources and major modifications to existing m ajor 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 Rev iew (NSR) SIP on October 29, 2012. ADEQ expects that the NSR SIP revision will bring the St ate of Arizona’s SIP for areas under the jurisdicti on 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 p ertaining to greenhouse gases (GHGs). ADEQ is currently administering the NSR requirements for GH Gs under a delegation agreement with EPA. The

State intends to continue to address NSR for GHGs i n 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 d elegated ADEQ authority to administer that FIP.

Both the Maricopa County Air Quality Department (MC AQD) and the Pima County Department of Environmental Quality (PDEQ) currently implement th e Federal PSD program in 40 CFR 52.21 for all regulated NSR pollutants (as defined in 40 CFR 52.2 1(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 regul ated 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 agenc ies have SIP-approved minor NSR programs under section 110(a)(2)(C) of the Act.

ADEQ commits to developing the appropriate remedy f or any deficiencies identified by EPA and will submit SIP revisions as appropriate within the requ ired timeframe. Table 2-3 lists relevant sections o f

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 F R 36353)

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

§ 49-424 Duties of department 11/05/2012 (77 FR 66 398)

§ 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 11/05/201 2 (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 (7 7 FR 66398)
County Programs
§ 49-473 Board of supervisors 11/05/2012 (77 FR 66 398)
§ 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 11/05/20 12 (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 (7 7 FR 66398)

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

Section 110 (a)(2)(D)(i) requires adequate provisio ns to ensure that any source or other emissions act ivity within the state does not contribute significantly to nonattainment, or interfere with maintenance, of the NAAQS in any other state, or interfere with any oth er 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 sect ions 126 and 115 (relating to interstate and international pollution abatement).

As stated in the Section 1.0, on May 25, 2011, Ariz ona recommended that two separate areas, the existi ng Hayden and Miami SO 2 planning areas, be designated nonattainment for th e new standard. Arizona's two

recommended nonattainment areas include all areas w ith monitored violations of the new standard as wel l as the primary emissions sources that likely contri bute to those violations. Because of insufficient available information, the remainder of the Sate wa s recommended as unclassifiable. In a February 6, 2013, letter EPA notified the State of its intentio n to designate the Hayden and Miami planning areas as nonattainment consistent with the Governor's recomm endation. EPA also indicated its intention to address designations for all other areas in separat e future actions. Initial designations for areas w ith monitored violations are expected in June 2013. Be cause EPA has not yet issued a final strategy for evaluating areas of the state recommended unclassif iable, SO 2 data are not available to do a full analysis of interstate transport impacts.7

Additionally, a recent decision by the U.S. Court o f 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) u ntil after EPA quantifies that obligation (EME Homer Cit y 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 bri ng the State of Arizona’s SIP for areas under the jurisdiction of ADEQ into compliance with the NSR/P SD requirements.

Arizona's visibility protection program is designed to analyze the causes of visibility impairment and to develop and implement control strategies as require d. Requirements include analysis of emissions from new major sources or sources making major modificat ions and anticipated impacts on visibility at any Class I area. Arizona submitted a Regional Haze SI P under 40 CFR 51.309 in December 2003, and a

2004 revision for its four Class I areas on the Col orado Plateau. ADEQ submitted a SIP developed unde r 40 CFR 51.308 on February 28, 2011. The EPA reache d final action on Arizona’s Regional Haze SIP on December 5, 2012 (77 FR 72512). In that action, EP A approved the State's determination that three sources are subject to BART, and the State's emissi ons limits for Sulfur Dioxide (SO 2 ) and particulate matter less than or equal to 10 micrometers (PM 10 ) at all the units, but disapproved Arizona's BART emissions limits for nitrogen oxides (NO X ) at the coal-fired units of the three power plants

. Id . EPA promulgated a FIP that contains new emissions limit s for NO X at these coal-fired units and compliance schedules for implementation of BART as well as req uirements for equipment maintenance, monitoring, recordkeeping and reporting for all units and all p ollutants 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 su bmitted 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 ar e available to carry out the SIP; (ii) that any boa rd which approves permits or enforcement orders repres ents the public interest and any conflict of intere st by board members or an executive agency head be ade quately disclosed; and (iii) necessary assurances that where the State has relied on a local or regio nal 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 t o provide the necessary assurances that the State o f Arizona, Pinal County, Maricopa County, and Pima Co unty have adequate personnel and funding under State law to carry out the SIP as required under th e relevant portions of section 110(a)(2)(E)(i) of t he Federal Clean Air Act (CAA), as amended in 1990, an d the applicable SIP regulations in 40 CFR part 51 (“Requirements for Preparation, Adoption, and Submi ttal of Implementation Plans”).

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

necessary assurances that the State (or, except whe re 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 purpo se) will have adequate personnel, funding, ... under State (and, as appropriate, local) law to c arry out such implementation plan ... .8

The federal regulations in title 40, part 51, subpa rt O of the Code of Federal Regulations (40 CFR part 51, subpart O, “Miscellaneous Plan Content Req uirements”) include requirements for SIPs pertaining to funding and personnel. Specifically, 40 CFR 51.280 (“Resources”) requires:

Each plan must include a description of the resourc es available to the State and local agencies at the date of submission of the plan and of any addit ional 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 organi zation responsible for developing, implementing, an d enforcing the SIP.

Under ARS § 49-103 “Department employees; legal cou nsel” 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 attorn ey general shall be the legal advisor of the department and shall give legal services as the dep artment requires...The attorney general shall prosecu te
and defend in the name of this state all actions ne cessary to carry out the provisions” of Title 49, r elating

to the environment.

Funding to staff to administer the Arizona air qual ity control programs consists of fees that are coll ected from regulated emissions sources, including fees co llected to administer permitting programs. Under AR S § 49-455 “Permit administration fund,” a permit adm inistration 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 legisla tive appropriation. On notice from the director, th e state
treasurer shall invest and divest monies in the fun d as provided in ARS § 35-313, and monies earned fr om 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 t he 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 s tate in any emissions inspection program.

A third source of funding in Arizona is the Air Qua lity 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 registr ation 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 q uality fund shall be used, subject to legislative appropri ation, for air quality research and programs for th e purpose of bringing area A or area B into or mainta ining attainment status, improving air quality in a reas outside area A and B, and reducing emissions of var ious pollutants including particulate matter, carbo n monoxide, oxides of nitrogen, volatile organic comp ounds and hazardous air pollutants throughout the

state. The funds are also used to monitor visible a ir pollution and reduce emissions of pollutants tha t contribute to visible air pollution in counties wit h a population of four hundred thousand persons or more. See §49-551(C)(1).

A final source of funding for ADEQ’s air programs i s CAA section 105 (“Grants for support of air pollution planning and control programs”) under whi ch EPA is authorized to make grants to air pollutio n control agencies to defray a portion of the costs a ssociated with implementation of programs for the prevention and control of air pollution and achieve ment of the national ambient air quality standards. To qualify for such grants in a given year, air pollut ion control agencies must at least maintain the sam e level9

of funding from non-Federal funds for air pollution control programs as for the preceding year. See CA A section 105(c).

For Maricopa, Pima, and Pinal Counties, ARS § 49-10 7 “Local delegation of state authority” the directo r “may delegate to a local environmental agency, coun ty health department, public health services distri ct or municipality any functions, powers or duties whi ch the director believes can be competently, efficiently and properly performed by the local age ncy if the local agency accepts the delegation and agrees to perform the delegated functions, powers a nd duties according to the standards of performance required by law and prescribed by the director.” Un der § 49-107(B), “Monies appropriated or otherwise made available to the department for distribution t o 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 wi ll have adequate personnel and funding to implement the delegated portions of the SIP.

The scope of county SIP authority is as follows: un der ARS § 49-112 “County regulation; standards”, a county may adopt rules that are as stringent as sta te rules and may administer permits provided that t he cost of obtaining permits will be approximately equ al or be less than the fee or cost of obtaining sim ilar permits or approvals under title 49 or any rule ado pted 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 pro grams are funded by county fee programs and other sources. In Arizona, the Metropolitan Planning Org anizations (MPOs) certified to do planning (Maricop a and Pima) do so for ozone, carbon monoxide, or part iculate 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 (SO 2 ) plans and Lead (Pb) plans even in Maricopa and Pi ma 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, imp lementing, and enforcing air programs designed to meet the CAA’s SIP requirements for ove r 40 years., and the funding and personnel describe d above for each of the three agencies is adequate to meet the needs of these programs. Over the next f ive years, current funding and personnel levels are exp ected to remain stable via the funding mechanisms

described above and to be sufficient to meet the re source needs of the agencies for air pollution cont rol purposes over that period. Table 2-4 lists relevan t sections of Arizona Revised Statutes.

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

The purpose of 110 (a)(2)(E)(ii) is to provide nece ssary assurances that any board which approves perm its or enforcement orders represents the public interes t 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 off icers 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 disclosur e of any conflict of interest. In the August 24, 2 012 Supplement to the 2006 PM 2.5 NAAQS and the 1997 8-hour ozone and PM 2.5 NAAQS Infrastructure SIP, ADEQ submitted certified copies of ARS Title 38, Ch apter 3, Article 8, Conflict of Interest of Officer s and Employees, in order to meet the conflict of int erest 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 rulemakin g, “Partial Approval and Disapproval of Air Quality Implementation Plans; Arizona; Infrastructu re Requirements for Ozone and Fine Particulate Matter” (77 FR 66398). This action outlined defici encies within Maricopa, Pinal, and Pima county programs for this element. At this time, ADEQ is w orking with EPA and all three counties to remedy th e 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 nec essary assurances that where the State has relied o n a local or regional government agency, or instrumenta lity for implementation of any plan provision the state has responsibility for ensuring adequate impl ementation of such plan provision. Arizona Revised Statutes grant ADEQ primary regulatory authority fo r air pollution control and abatement in Arizona as well as responsibility for ensuring adequate implem entation of SIP provisions. Table 2-4 lists releva nt
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 F R 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 6 6398) § 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 F R 36353)

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

Section 110 (a)(2)(F) requires provision for emissi ons monitoring by owners or operators of stationary sources and periodic reports on the nature and amou nts of emissions as well as correlation of such rep orts by the state agency with any emission limitations o r standards.

Arizona Revised Statutes provide authority to requi re any sources of air contaminants to monitor, samp le or perform other studies to quantify emissions of a ir contaminants or levels of air pollution that may be reasonably attributable to that source.

On November 5, 2012, EPA issued the final rulemakin g, “Partial Approval and Disapproval of Air Quality Implementation Plans; Arizona; Infrastructu re Requirements for Ozone and Fine Particulate Matter” (77 FR 66398). This action outlined a defi ciency within the Pima county program for this element. At this time, ADEQ is working with the EP A and Pima County to remedy the issue. ADEQ commits to developing the appropriate remedy for an y deficiencies outlined by the EPA and will submit SIP revisions as appropriate within the required ti meframe. Table 2-5 lists relevant sections of Ariz ona 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 66 398) 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 a nd substantial endangerment to public health, includin g contingency plans to implement the emergency episode provisions in their SIPs.

Arizona Revised Statutes §49-465 authorizes State a ctions to alleviate or prevent an emergency health risk to the public due to air pollution or likely e xceedance 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. Arizon a Administrative Code R18-2-220, "Air Pollution Emergency Episodes" (approved into the SIP as AAC R 9-3-219 at 47 FR 42572; September 28, 1982), prescribes the procedures the ADEQ Director shall i mplement in order to prevent the occurrence of ambient air pollution concentrations which would ca use 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 industri al and commercial activities.

Similar provisions for determining air pollution em ergency 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, Ru le 600 5 , Emergency Episodes; Pima County Municipal Code, Title 17. Air Quality Control, Chap ter 17.32, Emergency Episodes and Public Awareness, Article I. Emergency Episodes; Pinal Cou nty Air Quality Control District Code of Regulations, Chapter 2. Ambient Air Quality Standar ds, Article 7. Air Pollution Emergency Episodes 6 ).

On October 15, 2012, the EPA approved into the Ariz ona SIP, the Arizona Emergency Episode Plan, which EPA found is substantively identical to the C AA 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 (4 7 FR 42572, September 28, 1982), and revisions submitted on August 15, 1994. These revisions incl ude: 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 13 351.

6 Pinal County Rules were adopted 6/29/1993 and appro ved by EPA into the SIP on 12/20/2000 in 65 FR 7974 2.13

episodes”, amended effective September 26, 1990, 2) a letter from Eric C. Massey, Director, Air Qualit y, Arizona, and ADEQ, to Jared Blumenfeld, Regional Ad ministrator, US EPA, dated August 30, 2012, certifying that the attached copy of a document tit led “Procedures for Prevention of Emergency Episode s: 1988 Edition” is a true and correct copy of the ori ginal and is an official publication of ADEQ, and 3 ) the document titled, “Procedures for Prevention of Emer gency Episodes,” 1988 edition, ADEQ (77 FR at 62454). The significant harm level for SO 2 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 SO 2 (77 FR 62452). Table 2-6 lists relevant sections o f 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 author ity to revise their SIPs in response to changes in the NAAQS or availability of improved methods for attai ning the NAAQS. This Section also requires states to provide for plan revisions to ensure the adequac y of the plan to attain the air quality standards o r to otherwise comply with any additional requirements e stablished under the Clean Air Act.

Arizona Revised Statutes contain authority to revis e the Arizona SIP to comply with the requirements o f the CAA including changes in the NAAQS. Under ARS §49-404, ADEQ is required to "maintain a state implementation plan that provides for implementatio n, 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 pl ans to meet the applicable requirements of CAA Titl e 1, Part D relating to nonattainment areas.

The specific nonattainment area plan requirements o f section 110(a)(2)(I) are subject to the timing requirement of section 172, not the timing requirem ent of section 110(a)(1).

2.10 CAA Section 110(a)(2)(J) – Consultation with G overnment Officials, Public Notification, PSD and Visibility Protection:

Section 110(a)(2)(J) requires states to: (1) provid e a process for consultation with local governments and Federal Land Managers carrying out NAAQS implementa tion 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 protect ion.

Arizona agencies maintain appropriate consultation procedures with local governments, CAA Section 174 and metropolitan planning agencies, and federal lan d 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 Departm ent of Transportation to enter into a memorandum of agreement for the purpose of coordinating the devel opment, implementation, and enforcement of nonattainment and maintenance plans. Additionally, opportunity for comment is provided through stakeholder meetings and public hearings held to so licit testimony from the public as well as federal and local air quality planning agencies prior to adopti on of any revision to the Arizona SIP.

CAA Section 127 requires measures to notify the pub lic of instances or areas in which any air quality standard is exceeded during the preceding calendar year, to advise the public of health hazards associ ated with air pollution, and to enhance public awareness of measures that can be taken to improve air quali ty. The results of air quality monitoring conducted thr oughout Arizona, including SO 2 data, are published in ADEQ's Air Quality Annual Reports. Air quality for ecasts, which include actual ambient air quality da ta for the preceding day, are made available to the pu blic daily. The annual reports, daily forecasts, a nd other air quality information including tips for re ducing pollution are available on the ADEQ Web site

.

ADEQ, and those counties with authority to implemen t portions of the SIP (Maricopa, Pinal, and Pima counties), certify to do now and will continue to n otify 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 notifica tions are and will be available on the state and co unty air quality websites, which are updated daily to id entify exceedances of the NAAQS that occurred durin g the previous day or any portion of the preceding ca lendar year. We commit to continue, through these15

websites, to advise the public of the health hazard s associated with such exceedances and to increase public awareness of: (1) measures which can be take n 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 qualit y.

ADEQ has submitted a revision to the New Source Rev iew SIP on October 29, 2012. ADEQ expects that the New Source Review SIP revision will bring the S tate of Arizona’s SIP for areas under the jurisdict ion of ADEQ into compliance with the NSR/PSD requiremen ts 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 require d. Requirements include analysis of emissions from new major sources or sources making major modificat ions and anticipated impacts on visibility at any

Class I area. A more detailed discussion of Arizon a’s Regional Haze SIP is provided above in Section 1.4, CAA Section 110(a)(2)(D). Table 2-8 lists rel evant sections of Arizona Revised.

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

Consultation with Government Officials, Public Noti fication, 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 66 398)
§ 49-425 Rules; hearing 11/05/2012 (77 FR 66398)
County Programs
§ 49-473 Board of supervisors 11/05/2012 (77 FR 66 398)
§ 49-474 County control boards 11/05/2012 (77 FR 6 6398)
§ 49-479 Rules; hearing 11/05/2012 (77 FR 66398)

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

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 s ubmit data related to the modeling to EPA upon requ est.

Arizona retains authority to perform air quality mo deling for predicting the effect of emissions on ambient air quality. Where applicable, all modelin g analyses for demonstrating attainment and maintenance of the NAAQS meet EPA's most recent gui dance on air quality models. All information and data are made available to EPA as required.

ADEQ has submitted a revision to the New Source Rev iew SIP on October 29, 2012. ADEQ expects that the New Source Review SIP revision will bring the S tate of Arizona’s SIP for areas under the jurisdict ion of ADEQ into compliance with the NSR/PSD requiremen ts of section 110(a)(2)(K) and 40 C.F.R. Part 51, Subpart I, with the exception of the requiremen ts 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 66 398)
§ 49-474 County control boards 11/05/2012 (77 FR 6 6398)

2.12 CAA Section 110(a)(2)(L) – Permit Fees Section 110(a)(2)(L) requires SIPs to require the o wner or operator of a major stationary source to pa y fees to the permitting authority to cover the cost of reviewing, approving, implementing and enforcing a permit.

Arizona permitting agencies are responsible for ass essing 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 Guidance 7 , “[t]he infrastructure SIP should provide citation s to the regulations providing for collection of permitting fees under t he 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 T itle V permit program, established by the 1990 Fede ral Clean Air Act Amendment ( 61 FR 55915; October 30, 1996). The interim approva l of the ADEQ Title V program became effective on Nov. 29, 1996. EPA ful ly approved the Title V operating permits programs for ADEQ, Maricopa County, Pima County, and Pinal C ounty 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 certa in elements of Maricopa County’s Title V operating permits program, including the permit fee requireme nts (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 addr ess the identified deficiencies, EPA issued a notic e 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 deficien cy (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.

7 Guidance On Infrastructure State Implementation Pla n (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient A ir Quality Standards (NAAQS), dated October 14, 201 1.17

2.13 CAA Section 110(a)(2)(M) – Consultation/Partic ipation 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 maint ain frequent and regular communication with all loc al and political subdivisions affected by plan revisio ns. Local entities participate in plan development and the review process and often provide needed data an d 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 t estimony from the public, local planning agencies, and other local political entities prior to adoption of any plan revisions. Table 2-10 lists relevant sec tions of

Arizona Revised Statutes.

3.0 CONCLUSION

This revision to the Arizona SIP demonstrates that the existing authorities and infrastructure of Ariz ona State and local air quality management programs, in conjunction with the updated NSR/PSD SIP submitted on October 29, 2012, meet the basic progr am elements required under CAA Section 110(a)(2)

for the 2010 SO 2 NAAQS. ADEQ is diligently working with the EPA an d 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 submi t SIP revisions as appropriate within the required

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

Consultation/Participation by Affected Local Entiti es

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 66 398) § 49-474 County control boards 11/05/2012 (77 FR 6 6398) § 49-479 Rules; hearing 11/05/2012 (77 FR 66398)(This page is intentionally blank.)Appendix A
State Implementation Plan Revision Public Comment a nd Hearing Documentation(This page is intentionally blank.)Appendix A.1
Certification of the Public Hearing – Affidavit of Publication(This page is intentionally blank.)

### ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY

30 DAY PUBLIC COMMENT PERIOD AND HEARING ON A PROPO SED REVISION
TO THE ARIZONA STATE IMPLEMENTATION PLAN UNDER CLEA N AIR ACT SECTION 110 (a)(1) AND (2) - IMPLEMENTATION OF THE 2010 SULFUR DIOXIDE (SO 2 

### ) NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS)

The Arizona Department of Environmental Quality (AD EQ) 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 SO 2 

### NAAQS under Clean Air Act Section 110(a)(1) and (2). Previous notice was pro vided 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. Washingt on 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 subm itted 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-m ailed to Ahmed Abdullah, Air Quality Division, State Implementation Plan Section, Arizon a Department of Environmental Quality, 1110 W. Washington St., Phoenix, AZ 85007, FAX: (60 2) 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) 77 1-4791, via email pollard.alicia@azdeq.gov TDD line for hearing impaired individuals, (602) 77 1-4829. 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 ST ANDARD

Monday, July 15, 2013, at 2:00 p.m. Arizona Department of Environmental Quality, Confer ence 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. Washingto n 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, a nd Hearings. For additional information regarding the hearing please call Ahmed Abdullah, ADEQ Air Qualit y 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 hear ing impaired individuals, (602) 771-4829. Requests shou ld 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 PROPOSED ARIZONA AIR QUALITY 1



### STATE IMPLEMENTATION PLAN (SIP) 2

3



### HEARING ON PROPOSED REVISION TO THE ARIZONA STATE I MPLEMENTATION 4



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



### OF THE 2010 SULFUR DIOXIDE (SO 2 

### ) NATIONAL AMBIENT AIR QUALITY 6



### STANDARDS (NAAAQS) 7

8



### Oral Proceeding 9



### Hearing Officer Script 10

11



### July 15, 2013 12

13



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



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



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



### Quality Standard. 17

18



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



### Environmental Quality, 1110 West Washington St, Pho enix, AZ 85007, conference room 20



### number 145. 21

22



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



### Department of Environmental Quality (ADEQ) to presi de at this proceeding. 24

25



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

27



### (1) hear about the substance of the proposed SIP re vision; 28



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



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



### record. 31

### 2

1



### Ahmed Abdullah is here representing ADEQ from the A ir Quality Division, State 2



### Implementation Plan Section. 3

4



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



### Copies of the proposed SIP revision were made avail able at the ADEQ Phoenix Records Center 6



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

8



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



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



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



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



### comments. You may also submit written comments to m e today. 13

14



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



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



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

18



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



### ADEQ when preparing the final SIP. This is done thr ough the preparation of a responsiveness 20



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



### during the formal comment period. 22

23



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



### revision to the SIP. 25

26



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



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



### revision. 29

30

### 3

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



### their speaker slips. 2

3



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



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



### period of this proceeding. 6

7



### At this time, Mr. Abdullah will give a brief overvi ew of the proposal. 8

9



### * * * * * 10



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



### Implementation Plans (SIPs) within three years foll owing the promulgation of new or revised 12



### National Ambient Air Quality Standard (NAAQS) to pr ovide for implementation, maintenance, 13



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



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



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



### monitoring, emissions inventories, and modeling des igned to assure attainment and maintenance 17



### of the NAAQS. 18

19



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



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



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



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



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

25



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



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



### for implementing the 2010 SO2 NAAQS. 28

29



### * * * * * 30

31

### 4

1



### Ms. Hazeltine: This concludes the explanation perio d of this proceeding on the proposed revision 2



### to the SIP. 3

4



### * * * * * 5

6



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

8



### This concludes the question and answer period of th is proceeding on the proposed revision to the 9



### SIP. 10

11



### * * * * * 12

13



### I now open this proceeding for oral comments. 14

15



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

17



### * * * * * 18

19



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



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



### 5:00 p.m. 22

23



### Thank you for attending. 24

25



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

27

28(This page is intentionally blank.)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 Com ments Received on Arizona State Implementation Plan Revision under Cl ean 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 o f 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 Append ix (insert Appendix number) [I think this SIP shoul d include the comment documents].

On June 2, 2013, ADEQ was notified by the Arizona R epublic that the public notice was not published for the initial comment period. To comply with Cle an 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 th e 2010 Sulfur Dioxide National Ambient Air Quality St andard, was held on Monday, July 15, 2013, at 2:00 p.m., at the Arizona Department of Environmental Qu ality (ADEQ), 1110 West Washington St, Phoenix, Arizona, conference room 145. The public comment p eriod began on June 12, 2013, and closed on Monday, July 15, 2013. No oral comments were recei ved during the public hearing.

The written comments and ADEQ's responses are descr ibed 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 ( SO 2 ) National Ambient Air Quality Standard (NAAQS) in its State Implementation Plan ( SIP).

Response: Arizona Administrative Code (AAC) R18-2-202 was am ended to add the 2010 SO 2 NAAQS in a Notice of Final Rulemaking published Jul y 6, 2012, in the Arizona Administrative Register (AAR), effective August 7, 2012 (see AAR V olume 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 Revi ew (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 emis sion restrictions on major sources of SO 2 which under current regulations are capable of violating the one-hour NAAQS. Arizona must include adequate enforceable one-hour SO 2 emission limitations to ensure that large sources of SO 2 have emission limits sufficient to prevent them from cau sing or contributing to violations of the 2010 SO 2 NAAQS. Sierra Club’s modeling is appropriate to us e for evaluating the adequacy of infrastructure SIPs (the commenter provided dispersion modeling an alyses 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 forimplementation, maintenance, and enforcement of suc h standards. Each of these SIPs must address

certain basic elements or the "infrastructure" of i ts air quality management programs under CAA Section 110(a)(2) including provisions for monitori ng, 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 req uired under CAA Section 110(a)(2) and provide the necessary authority for state and local air qua lity management programs to implement the 2010

SO 2 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 area s), however, are subject to the requirements of CAA, Title 1, Part D, "Plan Requirements for Nonatt ainment 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 mainten ance of the 2010 SO 2 air quality standards in all areas of Arizona, including any areas designated no nattainment 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 area s), or cannot be classified as either attainment or nonattainment (unclassifiable areas) for the revise d air quality standard. Pursuant to CAA Section 107(d), Arizona submitted recommendations for the 2 010 SO 2 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 Gi la 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 t he State was recommended as unclassifiable based

on available information at that time.

In a February 6, 2013, letter to Governor Brewer, E PA indicated its intent to concur with Arizona’s nonattainment recommendations and designate portion s of Gila and Pinal Counties as nonattainment, based, in part, on the most recent monitored air qu ality 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 atta inment status of these other areas, including those areas with significant sources of SO 2 emissions.

In May 2013, EPA released “... draft versions of the Sulfur Dioxide (SO 2 ) National Ambient Air Quality Standards Designations Modeling Technical A ssistance Document and the SourceOriented Sulfur Dioxide (SO 2 ) Monitoring Technical Assistance Document (TADs) for public review and comment.” Stating, “EPA is providing th ese documents to assist state, local, and tribal ai r agencies in characterizing ambient SO 2 air quality through modeling or monitoring in area s around or impacted by SO 2 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 SO 2 sources (beyond that of the current SO 2 monitoring network) to to complete initial designa tions for the

2010 SO 2 NAAQS. EPA expects to establish further requiremen ts 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 SO 2 designations using either modeling or monitoring information, as appro priate. For those areas designated nonattainment, ADEQ will develop nonattainment area SIPs according to CAA requirements including any controlstrategies necessary to attain and maintain the NAA QS. ADEQ thanks the commenter for the letter

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

the 2010 SO 2 NAAQS.