The EPA Regional Administrator, Jared Blumenfeld, signed the following proposed rule on 06/15/2012, and EPA is submitting it for publication 

in the Federal Register (FR). While we have taken steps to ensure the accuracy of this Internet version of the rule, it is not the official version of 

the rule for purposes of public comment. Please refer to the official version in a forthcoming FR publication, which will appear on the 

Government Printing Office's FDsys website (http://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov 

(http://www.regulations.gov) in Docket No. EPA-R09-OAR-2012-0470. Once the official version of this document is published in the FR, this 

version will be removed from the Internet and replaced with a link to the official version.

 6560-50 

 ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R09-OAR-2012-0470; FRL-] 

Revisions to the Arizona State Implementation Plan, Arizona 

Department of Environmental Quality, Maricopa County Air Quality 

Department, and Pima County Department of Environmental Quality 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve revisions to the Arizona 

Department of Environmental Quality (ADEQ), Maricopa County Air 

Quality Department (MCAQD), and Pima County Department of 

Environmental Quality (PCDEQ) portions of the Arizona State 

Implementation Plan (SIP) that EPA expects to be submitted by 

ADEQ. These revisions concern regulations that require 

monitoring and reporting of volatile organic compounds (VOC), 

oxides of nitrogen (NOx), and particulate matter (PM) emissions 

from stationary sources. This proposed approval is based upon 

proposed regulations submitted by ADEQ and an accompanying 

request that EPA proceed with SIP review while the State and 

local agencies complete their public review and agency adoption 
This document is a prepublication version, signed by the EPA Regional Administrator, Jared Blumenfeld, on 

6/15/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

2

processes. EPA will not take final action on these regulations 

until ADEQ submits the final adopted versions to EPA as a 

revision to the Arizona SIP. Final EPA approval of the 

regulations and incorporation of them into the Arizona SIP would 

make them federally enforceable under the Clean Air Act (CAA). 

We are taking comments on this proposal and plan to follow with 

a final action. 

DATE: Any comments must arrive by [Insert date 30 days from the 

date of publication in the Federal Register]. 

ADDRESSES: Submit comments, identified by docket number EPA-R09-

OAR-2012-0470, by one of the following methods: 

1. Federal eRulemaking Portal: www.regulations.gov. Follow 

the on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 

Protection Agency Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105-3901. 

Instructions: All comments will be included in the public docket 

without change and may be made available online at 

www.regulations.gov, including any personal information 

provided, unless the comment includes Confidential Business 

Information (CBI) or other information whose disclosure is 

restricted by statute. Information that you consider CBI or 

otherwise protected should be clearly identified as such and 
This document is a prepublication version, signed by the EPA Regional Administrator, Jared Blumenfeld, on 

6/15/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

3

should not be submitted through www.regulations.gov or e-mail. 

www.regulations.gov is an “anonymous access” system, and EPA 

will not know your identity or contact information unless you 

provide it in the body of your comment. If you send e-mail 

directly to EPA, your e-mail address will be automatically 

captured and included as part of the public comment. If EPA 

cannot read your comment due to technical difficulties and 

cannot contact you for clarification, EPA may not be able to 

consider your comment. 

Docket: Generally, documents in the docket for this action are 

available electronically at www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, San Francisco, 

California. While all documents in the docket are listed at 

www.regulations.gov, some information may be publicly available 

only at the hard copy location (e.g., copyrighted material, 

large maps), and some may not be publicly available in either 

location (e.g., CBI). To inspect the hard copy materials, please 

schedule an appointment during normal business hours with the 

contact listed in the FOR FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Rynda Kay, EPA Region IX, (415) 

947-4118, Kay.Rynda@epa.gov. 

SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us” 

and “our” refer to EPA. 

Table of Contents 
This document is a prepublication version, signed by the EPA Regional Administrator, Jared Blumenfeld, on 

6/15/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

4

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted rules? 

II. EPA’s Evaluation and Proposed Action. 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation criteria? 

C. Public comment and proposed action. 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal

A. What rules did the State submit? 

By letter dated June 1, 2012, ADEQ submitted to EPA on 

behalf of ADEQ, MCAQD, and PCDEQ, unofficial copies of several 

rules and statutes, with a request for approval of these 

provisions into the SIP by parallel processing.1 See June 1, 2012 

letter to Jared Blumenfeld, Regional Administrator, EPA Region 

9, from Eric Massey, Director, Air Quality, ADEQ. Table 1 lists 

the five rules addressed by this proposal. 

Table 1 – Rules Submitted by Arizona for Parallel Processing

 

1 Under EPA’s ‘‘parallel processing’’ procedure, EPA proposes rulemaking action concurrently with the State’s 

proposed rulemaking. If the State’s proposed rule is changed, EPA will evaluate that subsequent change and may 

publish another notice of proposed rulemaking. If no significant change is made, EPA will publish a final 

rulemaking on the rule after responding to any submitted comments. Final rulemaking action by EPA will occur 

only after the rule has been fully adopted by Arizona and submitted formally to EPA for incorporation into the SIP. 

See 40 CFR part 51, appendix V. 
This document is a prepublication version, signed by the EPA Regional Administrator, Jared Blumenfeld, on 

6/15/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

5

Local 

Agency 

Rule # Rule Title 

ADEQ 18-2-313 Existing Source Emission Monitoring 

ADEQ 18-2-327 Annual Emissions Inventory Questionnaire 

MCAQD 100, 

Section 500 

Monitoring and Records 

PCDEQ 17.12.040 Reporting Requirements 

PCDEQ 17.24.040 Reporting for Compliance Evaluations 

 

The above rules have been adopted locally but have not been 

adopted specifically for purposes of approval into the federally 

enforceable SIP under CAA section 110. ADEQ has requested that 

MCAQD and PCDEQ adopt these regulations following public process 

for purposes of SIP approval and thereafter submit the rules to 

ADEQ for transmittal to EPA as SIP revisions. Concurrent with 

these county processes, ADEQ anticipates that it will schedule a 

public hearing in July 2012 on its proposal to submit these 

rules to EPA for incorporation into the SIP, and intends to 

submit the final SIP revision to EPA by late August 2012. We 

note that because the state and county rulemaking processes here 

are solely for purposes of adopting these regulations as SIP 

revisions under CAA section 110 and not for purposes of revising 

any of the regulations, we do not expect any substantive changes 
This document is a prepublication version, signed by the EPA Regional Administrator, Jared Blumenfeld, on 

6/15/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

6

between the proposed and final submittals. Final approval of 

these rules, however, is contingent upon EPA’s receipt of fully 

adopted rules that satisfy state and local procedural 

requirements for SIP submittals. 

B. Are there other versions of these rules? 

There are no SIP-approved versions of ADEQ Rule 18-2-327 or 

PCDEQ Rule 17.24.040. We approved an earlier version of ADEQ 

Rule 9-3-313 into the SIP on April 23, 1982 (47 FR 17483). The 

submitted rule ADEQ Rule 18-2-313 will replace the SIP rule ADEQ 

Rule 9-3-313. We approved an earlier version of MCAQD Rule 100, 

Section 504 into the SIP on February 10, 2005 (70 FR 7038). The 

submitted rule MCAQD Rule 100, Section 500 will replace SIP rule 

MCAQD Rule 100, Section 504. We approved an earlier version of 

PCDEQ Rule 622 into the SIP on April 16, 1982 (47 FR 16328). The 

submitted rule PCDEQ Rule 17.12.040 will replace the SIP rule 

PCDEQ Rule 622. 

C. What is the purpose of the submitted rules? 

VOCs help produce ground-level ozone and smog, which harm 

human health and the environment. NOx helps produce ground-level 

ozone, smog and particulate matter, which harm human health and 

the environment. PM contributes to effects that are harmful to 

human health and the environment, including premature mortality, 

aggravation of respiratory and cardiovascular disease, decreased 

lung function, visibility impairment, and damage to vegetation 
This document is a prepublication version, signed by the EPA Regional Administrator, Jared Blumenfeld, on 

6/15/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

7

and ecosystems. Section 110(a) of the CAA requires States to 

submit regulations that control VOC, NOx, and PM emissions. 

ADEQ Rule 18-2-313 establishes requirements for continuous 

emissions monitoring systems at certain fossil-fuel fired steam 

generators, sulfuric acid plants, nitric acid plants, and fluid 

bed catalytic cracking unit catalysts regenerators at petroleum 

refineries, if subject to an emission standard. ADEQ Rule 18-2-

327 requires that every source subject to a permit complete and 

submit an annual emissions inventory questionnaire. PCDEQ Rule 

17.12.040 establishes reporting requirements for emissions that 

exceed levels allowed under applicable regulations. PCDEQ Rule 

17.24.040 requires a source to provide to the Control Officer 

all records and documentation needed to determine compliance or 

noncompliance with a regulation. The purpose of revising MCAQD 

Rule 100, Section 500 was to add recordkeeping and add/revise 

emission reporting requirements. EPA’s technical support 

documents (TSDs) have more information about these rules. 

II. EPA’s Evaluation and Proposed Action

A. How is EPA evaluating the rules? 

Generally, SIP rules must be enforceable (see section 

110(a) of the Act) and must not relax existing requirements (see 

sections 110(l) and 193). Guidance and policy documents that we 

use to evaluate enforceability requirements consistently include 
This document is a prepublication version, signed by the EPA Regional Administrator, Jared Blumenfeld, on 

6/15/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

8

the following: 

1. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, 

and Deviations,” EPA, May 25, 1988 (the Bluebook). 

2. “Guidance Document for Correcting Common VOC & Other Rule 

Deficiencies,” EPA Region 9, August 21, 2001 (the Little 

Bluebook). 

3. “Requirements for Preparation, Adoption, and Submittal of 

Implementation Plans”, U.S. EPA, 40 CFR part 51. 

4. State Implementation Plans; General Preamble for the 

Implementation of Title I of the Clean Air Act Amendments 

of 1990, 57 FR 13498, 13568 (April 16, 1992) ("General 

Preamble"). 

B. Do the rules meet the evaluation criteria? 

We believe these rules are consistent with the applicable 

requirements and guidance regarding enforceability and SIP 

relaxations. The TSDs have more information on our evaluation. 

C. Public comment and proposed action. 

Because EPA believes the submitted rules fulfill all 

applicable CAA requirements, we are proposing to fully approve 

them under section 110(k)(3) of the Act. We will accept comments 

from the public on this proposal for the next 30 days. Unless 

we receive convincing new information during the comment period 

or ADEQ does not submit the adopted SIP revisions as expected, 

we intend to publish a final approval action that will 
This document is a prepublication version, signed by the EPA Regional Administrator, Jared Blumenfeld, on 

6/15/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

9

incorporate these rules into the federally enforceable SIP. 

III. Statutory and Executive Order Reviews 

 Under the Clean Air Act, the Administrator is required to 

approve a SIP submission that complies with the provisions of 

the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role 

is to approve State choices, provided that they meet the 

criteria of the Clean Air Act. Accordingly, this proposed action 

merely proposes to approve State law as meeting Federal 

requirements and does not impose additional requirements beyond 

those imposed by State law. For that reason, this proposed 

action: 

• is not a “significant regulatory action” subject to review 

by the Office of Management and Budget under Executive 

Order 12866 (58 FR 51735, October 4, 1993); 

• does not impose an information collection burden under the 

provisions of the Paperwork Reduction Act (44 U.S.C. 3501 

et seq.); 

• is certified as not having a significant economic impact on 

a substantial number of small entities under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.); 
This document is a prepublication version, signed by the EPA Regional Administrator, Jared Blumenfeld, on 

6/15/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

10

• does not contain any unfunded mandate or significantly or 

uniquely affect small governments, as described in the 

Unfunded Mandates Reform Act of 1995 (Public Law 104-4); 

• does not have Federalism implications as specified in 

Executive Order 13132 (64 FR 43255, August 10, 1999); 

• is not an economically significant regulatory action based 

on health or safety risks subject to Executive Order 13045 

(62 FR 19885, April 23, 1997); 

• is not a significant regulatory action subject to Executive 

Order 13211 (66 FR 28355, May 22, 2001); 

• is not subject to requirements of Section 12(d) of the 

National Technology Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note) because application of those 

requirements would be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the discretionary authority to 

address disproportionate human health or environmental 

effects with practical, appropriate, and legally 

permissible methods under Executive Order 12898 (59 FR 

7629, February 16, 1994). 

In addition, this proposed action does not have tribal 

implications as specified by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is not approved to apply in 

Indian country located in the State, and EPA notes that it will 
This document is a prepublication version, signed by the EPA Regional Administrator, Jared Blumenfeld, on 

6/15/2012. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

11

not impose substantial direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air pollution control, 

Intergovernmental relations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and recordkeeping requirements, 

Volatile organic compounds. 

AUTHORITY: 42 U.S.C. 7401 et seq.

_____6/15/12_____ ________/s/______________

Dated: Jared Blumenfeld, 

 Regional Administrator, 

Region IX.