OCT 1 42009

Ms. Laura Yoshii, Acting Regional Administrator

Mail

U.S. Environmental Protection Agency, Region IX Code: ORA-1

75 Hawthorne Street

San Francisco, CA 94105

RE: Arizona State Implementation Plan Revision under Clean Air Act Section l10(a)(1) and (2); 2006 PM25 NAAQS, 1997 PM2.5NAAQS and 1997 8-hour Ozone NAAQS

Dear Ms. Yoshii:

Consistent with the provisions ofArizona Revised Statutes (ARS) Title 49,

§ 49-104, 49-106, 49-404 and 49-406 (Enclosure 1) and the Code of Federal Regulations (CFR) Title 40,

§ 51.102-51.104, the Arizona Department of Environmental Quality (ADEQ) hereby adopts and submits to the U.S. Environmental Protection Agency (EPA) Arizona State implementation Plan Ambient RevisionAir under Quality CleanStandards, Air Act Section 110(a)(1) and (2): implementation of2006 PM2.5National 1997 PM2.5NationalAmbient Air Quality Standards, and 1997

Arizona

8-hour Ozone

State Implementation

National Ambient

Plan

Air Quality Standards (September 2009) as

a revision to the (SIP). V

Clean Air Act (CAA) Section 1 10(a)(1) requires states to submit SIPs within three years following the promulgation of new or revised National Ambient Air Quality Standards (NAAQS) to provide for implementation, maintenance, and enforcement of such standards. Each of these SIPs must address certain basic elements or the “infrastructure” management programs under CAA of its air quality emissions inventories, and modeling Section 1 10(a)(2) including provisions for monitoring, NAAQS. designed to assure attainment and maintenance of the

October

EPA promulgated

17, 2006),

revised

which

NAAQS for PM2.5,effective December 18, 2006 (71 FR 61144, requires states to submit Section 110(a)(2) SIPs by September 21, 2009. This SIP revision demonstrates

programs meet the basic program that Arizona State and local air quality management elements required under CAA Sections 1 10(a)(I) and (2) (with the exception of Section 11 0(a)(2)(G)) for implementing the 2006 PM2.5NAAQS.

under

The analyses

CAA Sections

and information

1 10(a)(2)(E)(i)

contained in this submission also fulfills outstanding obligations and (E)(ii) for the 1997 PM2.5NAAQS (see 73 FR 62902;

Northern Regional Office Southern Regional Office 1801 W. Route 66 • Suite 1 7 • Flagstaff, AZ 86001 400 West Congress Street • SuIte 433 • Tucson, AZ 85701 (928) 779—031 3 (520) 628—6733

Printed an recycled paper
q

Emergency Episode Rule (Ri 8-2-220) revision 

remaining requirement under CAA Section i10(a)(2)(G) for the 1997 and 2006 PM2.S NAAQ

and 1997 8-hour ozone NAAQS.

ADEQ requests that EPA approve this revision to the Arizona SIP. Enclosure 2 contains the SIP

Completeness Checklist; Enclosure 3 contains two paper copies and one official electronic copy

ofthe SIP revision for your review and action.

If you have any questions, please do not hesitate to contact Nancy Wrona, Director, Air Quality

Division, at (602) 771-2308.

• Sincerely,

Benjamin H. Grumbles

Director

Enclosures (3)

cc: Joe Crumbaker, Maricopa County Air Quality Department

Ursula Kramer, Pima County Department ofEnvironmental Quality

Don Gabrielson, Pinal County Air Quality Control District

Nancy Wrona, ADEQ, w/o enclosures
Arizona Revised Statutes:

(1) Title 49, chapter 1, article 1, section 49-104; and

(2) Title 49, chapter 3, article 1, section 4 9-404.

p

p

s, programs and operations with those ofthe agencies, persons and enterprises.

3. Conduct research on its own initiative or at the request ofthe governor, the legislature or state or local agencies pertaining to any department objectives.

4. Provide information and advice on request of any local, state or federal agencies and private persons and business enterprises on matters within the scope ofthe department. 5. Consult with and make recommendations to the governor and the legislature on all matters concerning department objectives.

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

8. Encourage industrial, commercial, residential and community development that maximizes environmental benefits and minimizes the effects ofless desirable environmental conditions. 9. Assure the preservation and enhancement of natural beauty and man-made scenic qualities. 10. Provide for the prevention and abatement of all water and air pollution including that related to particulates., gases, dust, vapors, noise, radiation, odor, nutrients and heated liquids in accordance with article 3 ofthis chapter and chapters 2 and 3 ofthis title.

11. Promote and recommend methods for the recovery, recycling and reuse or, ifrecycling is not possible, the disposal ofsolid wastes consistent with sound health, scenic and environmental quality policies. 12. Prevent pollution through the regulation ofthe storage, handling and transportation of solids, liquids and gases that may cause or contribute to pollution.

13. Promote the restoration and reclamation of degraded or despoiled areas and natural resources. 14. Assist the department of health services in recruiting and training state, local and district health department personnel.

wartime

15. Participate in the state civil defense program and develop the necessary organization and facilities to meet or other disasters.

this

16. Cooperate with the Arizona-Mexico commission in the governor’s office and with researchers at universities in state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department’s duties and that relate to quality of life, trade and economic development in this state in a manner

of

that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness ofthis state and the Arizona-Mexico region.

B. The department, through the director, shall:

department

1. Contract for the services of outside advisers, consultants and aides reasonably necessary or desirable to enable the to adequately perform its duties.

2. Contract and incur obligations reasonably necessary or desirable within the general scope of department activities and operations to enable the department to adequately perform its duties. 3. Utilize any medium of communication, publication and exhibition when disseminating information, advertising and publicity in any field of its purposes, objectives or duties.

Arizona

Enclosure

State Implementation Plan Revision under Clean Air Act Section Ii 0(a)( I) and (2), September 2009

I I
enterprises for department service

p

purposes and objectives ofthis chapter. Monies received pursuant to this paragraph shall be deposited in the

department fund corresponding to the service, publication or program provided.

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

environmental law or rule exists or is being committed on the premises. The director shall give the owner or

operator the opportunity for its representative to accompany the director on an examination ofthose premises.

Within forty-five days after the date ofthe examination, the department shall provide to the owner or operator a

copy of any report produced as a result of any examination ofthe premises.

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

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

determines that owning, leasing or operating is necessary for the public health, safety or welfare.

10. Adopt and enforce rules relatin to approving design documents for constructing, improving and operating

sanitary engineering and other facilities for disposing ofsolid, liquid or gaseous deleterious matter.

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

collection and disposal for subdivisions. The rules shall:

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

for future needs and be of adequate size and capacity to deliver specified minimum quantities of drinking water and

to treat all sewage.

(b) Provide that the design documents showing or describing the water supply, sewage disposal and garbage

collection facilities be submitted with a fee to the department for review and that no lots in any subdivision be

offered for sale before compliance with the standards and rules has been demonstrated by approval ofthe design

documents by the department.

12. Prescribe reasonably necessary measures to prevent pollution of water used in public or semipublic swimming

pools and bathing places and to prevent deleterious conditions at such places. The rules shall prescribe minimum

standards for the design of and for sanitary conditions at any public or semipublic swimming pool or bathing place

and provide for abatement as public nuisances of premises and facilities that do not comply with the minimum

standards. The rules shall be developed in cooperation with the director ofthe department of health services and

shall be consistent with the rules adopted by the director ofthe department of health services pursuant to section 36-

136, subsection H, paragraph 10.

13. Prescribe reasonable rules regarding sewage collection, treatment, disposal and reclamation systems to prevent

the transmission of sewage borne or insect borne diseases. The rules shall:

(a) Prescribe minimum standards for the design ofsewage collection systems and treatment, disposal and

reclamation systems and for operating the systems.

(b) Provide for inspecting the premises, systems and installations and for abating as a public nuisance any collection

system, process, treatment plant, disposal system or reclamation system that does not comply with the minimum

standards.

(c) Require that design documents for all sewage collection systems, sewage collection system extensions, treatment

plants, processes, devices, equipment, disposal systems, on-site wastewater treatment facilities and reclamation

Arizona State Implementation Plan Revision under Clean Air Act Section 1 l0(a)(l) and (2), September 2009

Enclosure 1 2
(a) Prescribe minimum standards for human excreta storage, handling, treatment, transportation and disposal and shall provide for inspection of premises, processes and vehicles and for abating as public nuisances any premises, processes or vehicles that do not comply with the minimum standards.

(b) Provide that vehicles transporting human excreta from privies, septic tanks, cesspools and other treatment

processes shall be licensed by the department subject to compliance with the rules.

15. Perform the responsibilities of implementing and maintaining a data automation management system to support the reporting requirements oftitle Ill ofthe 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 ofthis chapter. C. The department may charge fees to cover the costs of all permits and inspections it performs to insure compliance with rules adopted under section 49-203, subsection A, paragraph 6, except that state agencies are exempt from paying the fees. Monies collected pursuant to this subsection shall be deposited in the water quality fee fund established by section 49-2 10.

D. The director may:

I. If he has reasonable cause to believe that a violation of any environmental law or rule exists or is being committed, inspect any person or property in transit through this state and any vehicle in which the person or property is being transported and detain or disinfect the person, property or vehicle as reasonably necessary to protect the environment if a violation exists.

2. Authorize in writing any qualified officer or employee in the department to perform any act that the director is authorized or required to do by law.

Recent legislative year: Laws 1999, Ch. 295, § 40; Laws 2002, Ch. 251, § 1.

49-404. State implementation plan

A. The director shall maintain a state implementation plan that provides for implementation, maintenance and enforcement of national ambient air quality standards and protection of visibility as required by the clean air act. B. The director may adopt rules that describe procedures for adoption ofrevisions to the state implementation plan. C. The state implementation plan and all revisions adopted before September 30, 1992 remain in effect according to their terms, except to the extent otherwise provided by the clean air act, inconsistent with any provision of the clean air act, or revised by the administrator. No control requirement in effect, or required to be adopted by an order, settlement agreement or plan in effect, before the enactment ofthe clean air act in any area which is a nonattainment

or maintenance area for any air pollutant may be modified after enactment in any manner unless the modification insures equivalent or greater emission reductions ofthe air pollutant. The director shall evaluate and adopt revisions to the plan in conformity with federal regulations and guidelines promulgated by the administrator for those

purposes until the rules required by subsection

B are effective.

Recent legislative year: Laws 1999, Ch. 295, § 42.

Arizona State Implementation Plan Revision under Clean Air Act Section II 0(a)(l) and (2), September 2009 Enclosure 1 3



NationalAin

blent Air

Quality

Standards,

and 1997 8-hour

Ozone

NationalAmbientAir

Quality Standards September 2009

1. SUBMITTAL LETTER FROM GOVERNOR/DESIGNEE

See Cover Letter

2. EVIDENCE OF ADOPTION

See Enclosure 3

3. STATE LEGAL AUTHORITY

See Enclosure 1

4. COMPLETE COPY OF STATUTE/REGULATION/DOCUMENT

See Enclosure 3

5. WRITTEN SUMMARY OF RULE/RULE CHANGE

Not Applicable

6. RULE CHANGES INDICATED BY UNDERLINING AND CROSS-OUTS

Not Applicable

7. EVIDENCE THAT ARIZONA ADMINISTRATIVE PROCEDURE ACT REQUIREMENTS

WERE MET FOR RULE/PLAN

See Enclosure 3, Appendix D

8. EVIDENCE OF PUBLIC HEARING

See Enclosure 3, Appendix D

9. PUBLIC COMMENTS AND AGENCY RESPONSE

See Enclosure 3, Appendix D

Arizona State Implementation Plan Revision under Clean Air Act Section 11O(a)(l) and (2), September 2009 Enclosure 2
12. RULE’S/PLAN’S EFFECT ON EMISSIONS

Not Applicable

13. DEMONSTRATION THAT NAAQS, PSD INCREMENTS AND RFP ARE PROTECTED

See Enclosure 3

14. MODELING SUPPORT

Not Applicable

15. EVIDENCE THAT EMISSIONS LIMITATIONS ARE BASED ON CONTINUOUS EMISSIONS

REDUCTION TECHNOLOGY

Not Applicable

16. IDENTIFICATION OF RULE SECTIONS CONTAINING EMISSION LIMITS, WORK

PRACTICE STANDARDS, AND/OR RECORD KEEPING/REPORTING REQUIREMENTS

See Enclosure 3.

17. COMPLIANCEIENFORCEMENT STRATEGIES

See Enclosure 3.

18. ECONOMIC TECHNICAL JUSTIFICATION FOR DEVIATION FROM EPA POLICIES

No known deviations.

Arizona State Implementation Plan Revision under Clean Air Act Section 1 10(a)(l) and (2), September 2009

Enclosure 2 2
Arizona 

Q Department tj of Environmental Quality

Arizona State Implementation Plan Revision under

Clean Air Act Section 11O(a)(1) and (2):

Implementation of

2006 PM2.5National Ambient Air Quality Standards,

1997 PM2.5National Ambient Air Quality Standards,

and

1997 8-Hour Ozone National Ambient Air Quality Standards

Air Quality Division

September 2009
,_- t —‘P- Wt

4. 1

--

Sc
1.0 INTRODUCTION 1

1.1 Regulatory Background 1

1.2 Summary and Discussion ofthe Current Revision to Arizona’s

‘infrastructure” SIP 2

2.0 ANALYSIS OF CLEAN AIR. ACT SECTION II 0(a)(2) AIR QUALITY

CONTROL PROGRAM ELEMENTS FOR ARIZONA 5

2.1 CAA Section 11 0(a)(2)(A) — Control Measures and Emission Limits 7

2.2 CAA Section 110(aX2)(B) — Ambient Air Quality Monitoring 7

2.3 CAA Section 11 0(a)(2)(C) — Enforcement of Control Measures 8

2.4 CAA Section 11 0(aX2)(D) — Interstate Transport 10

2.5 CAA Section 1 10(a)(2)(E) — Adequate Resources 11

2.6 CAA Section 11 0(a)(2)(F) — Emissions Monitoring and Reporting 12

2.7 CAA Section 11 0(a)(2)(G) — Emergency Powers 12

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

2.9 CAA Section 1 10(a)(2)(1) — CAA Title 1, Part D Nonattainment

Area Requirements 13

2,10 CAA Section Ii 0(a)(2)(J) — Consultation with Government Officials,

Public Notification, PSO and Visibility Protection 13

2.11 CAA Section 1 10(aX2)(K) — Air Quality Modeling 15

2.12 CAA Section 11 0(aX2XL) — Permit Fees 15

2.13 CAA Section 1 10(a)(2)(M) — Consultation/Participation by

Affected Local Entities 16

3.0 COMMITMENTS 17

4.0 CONCLUSION 18

I
APPENDICES

Initial Reference Page

A. Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 1997 8-hour Ozone

and PM2.5 NationalAmbientAir Quality Standards, October 2, 2007 1

B. Clean Air Act Section 11 0(a)(2)(D)(i) — Interstate Transport Analysis for the 2006 PM2.5National

Ambient Air Quality Standards 10

C. Arizona Revised Statutes, §49-455. Permit administration fund (except Section (B)(1)) and Title

38, Chapter 3, Article 8, Conflict ofInterest of Officers and Employees 11

D. State Implementation Plan Revision Public Comment and Hearing Docwnentation

D.1 Notice of Public Hearing

D.2 Public Hearing Agenda

D.3 Public Hearing Sign-In SheetD.4 Public Hearing Officer Certification and Transcript

D.5 Responsiveness Summary

ii
1.1 Regulatory Background

Clean Air Act Section 110(a)(1) requires states to submit SIPs within three years following thepromulgation of new or revised NAAQS to provide for implementation, maintenance, and enforcement of

such standards. Each of these SIPs must address certain basic elements or the “infrastructure” of its air

quality management programs under CAA Section 11 0(a)(2). These elements, detailed in CAA Sections

11 0(a)(2)(A) through (M), include provisions for monitoring, emissions inventories, and modeling

designed to assure attainment and maintenance ofthe NAAQS.In July 1997, the U.S. Environmental Protection Agency (EPA) issued new National Ambient Air Quality

Standards for 8-hour ozone and particulate matter 2.5 microns or less in diameter (PM25). Subsequentlitigation challenging the new standards created uncertainty on how to proceed, however, and delayed

implementation.’ On March 10, 2005, in response to a separate lawsuit over states’ failure to submit

Section 1 10(a)(1) and (2) plans for the 1997 standards, EPA entered into a Consent Decree with Earth

Justice that obligated EPA to determine whether states have made the required SIP submissions. 2

The Consent Decree required EPA action on state SIPs addressing interstate transport of air pollution, arequired SIP component under Section 11 0(a)(2)(D)(i), by March 15, 2005. On April 25, 2005, EPApublished “Finding of Failure To Submit Section 110 State Implementation Plans for Interstate Transport

for the National Ambient Air Quality Standards for 8-Hour Ozone and PM 2.5” (70 FR 21147). TheApril 25, 2005, finding, effective May 25, 2005, started a 24-month clock for EPA to either issue a final

Federal Implementation Plan (FIP) to address the requirements of Section 11 0(a)(2)(D)(i) or to approve a

SIP that addresses these requirements. In response to this action, ADEQ submitted Revision to the

Arizona State Implementation Plan Under Clean Air Act Section 110(a)(2) (D) (z) — Regional Transport on

May 24, 2007. EPA approved the plan in a Direct Final Rule on July 31, 2007 (72 FR 41629).

The Consent Decree also required EPA to determine whether states have submitted SIP revisions to meet

the remaining requirements of sections 11 0(a)( 1) and (2) by December 15, 2007, for the 1997 8-hour

ozone standards (later extended to March 27, 2008), and by October 5, 2008, for the 1997 PM2.5

standards. EPA issued Guidance on SIP Elements Required Under Section 110(a)(1) and (2)for the 19978-hour Ozone and PM2,5National Ambient Air Quality Standards, October 2, 2007, to assist states as theydevelop SIPs or certify that existing SIP elements are adequate to meet their outstanding obligations (see

Appendix A).

EPA published “Completeness Findings for Section 110(a) State Implementation Plans for the 8-hour

Ozone NAAQS” on March 27, 2008, which included a “finding of failure to submit” for Arizona (73 FR

16205). EPA’s action started a 24-month deadline by which time EPA must promulgate a FIP to address1 See Whitman v. American Trucking Associations, U.S. Supreme Court, Nos. 99-1257, 99-1426, February 27,

2001.

2 See Appendix A, Guidance on SIP Elements Required Under Section 1 10(a)(1) and (2)for the 1997 8-hour Ozone

and PM2. 5 National Ambient Air Quality Standards, October 2, 2007.Final CAA 110(a) SIP 090915 1
meet CAA Section 11 0(a)(2) requirements. EPA published “Completeness Findings for Section 110(a)

State Implementation Plans Pertaining to the Fine Particulate Matter (PM2.5)NAAQS”, effective

November 21, 2008, in which EPA concurred that Arizona’s submission was complete for the required

CAA 11 0(a)(2) program elements for the 1997 PM2.5 NAAQS except for Sections 11 0(a)(2)(E)(i),

11 0(a)(2)(E)(ii), and 11 0(a)(2)(G) (73 FR 62902; October 22, 2008). EPA’s action started a 24-month

deadline by which time EPA must approve a SiP that addresses these specific elements or to finalize a

FIP.

Based on scientific studies regarding the effects of particle pollution, EPA subsequently revised the

NAAQS for PM2.5effective December 18, 2006, to improve the protection of public health and welfare

(71 FR 61144, October 17, 2006). This action requires states to submit Section 11 0(a)(2) SIPs by

September 21, 2009, to provide for implementation, maintenance, and enforcement of the 2006 PM2,5standards.

Arizona has demonstrated that the required Section 1 l0(a)(2) elements are met, in part, for the 1997 PM25

and 8-hour ozone NAAQS. Demonstration of Section 1 10(a)(2) elements for the 2006 PM2.5NAAQS hasnot been previously submitted. In summary, the outstanding elements for the 1997 PM2.5and 8-hour

ozone NAAQS and the 2006 PM2,5 NAAQS that require a demonstration of adequacy under Section

11 0(a)(2) are as follows:

1) All elements of Section 11 0(a)(2) for the 2006 PM2.5NAAQS,

2) All elements of Section 11 0(a)(2) except 11 0(a)(2)(D)(i) for the 1997 8-hour ozoneNAAQS, and

3) Sections 1 10(a)(2)(E)(i) and (ii) and 110 (a)(2)(G) for the 1997 PM2.5NAAQS.

1.2 Summary and Discussion of the Current Revision to Arizona’s “Infrastructure” SIP

This document describes how the authorities and infrastructure of Arizona State and local air qualitymanagement programs meet the basic program elements required under CAA Section 11 0(a)(2) for the

2006 PM2.5NAAQS. This SIP revision also fullills most outstanding requirements for the 1997 8-hour

ozone and PM25 NAAQS.

The statutes and programs described in Section 2.0 are adequate to meet the following requirements oftheCAA for the 2006 PM2.5and 1997 8-hour ozone air quality standards:

11 O(a)(2)(A), control measures and emission limits,11 0(a)(2)(B), ambient air quality monitoring,

11 0(a)(2)(C), enforcement of all SIP measures and new source review and prevention of

significant deterioration,

• 1 10(a)(2)(D), interstate transport (this requirement for the 1997 8-hour ozone NAAQS has

already been met),

11 0(a)(2)(E)(i), adequate funding,

Final CAA 110(a) SIP 090915 2
g

11 0(a)(2)(K), air quality modeling,11 0(a)(2)(L), permit fees, and

11 0(a)(2)(M), consultation/participation by affected local officials.

The programs described in Section 2.0 are also adequate to meet the following requirements of the CAA

for the 1997 PM2.5NAAQS:

11 0(a)(2)(E)(i) relating to adequate funding, and11 0(a)(2)(E)(ii) relating to conflicts of interest.

The only remaining obligation under CAA Section 11 0(a)(2) for the 1997 PM2.5 and 8-hour ozone

NAAQS and the 2006 PM2.5NAAQS is Section 11 0(a)(2)(G) relating to emergency episodes. Clean AirAct Section 1 10(a)(2)(G) requires states to provide for authority to address activities causing imminent

and substantial endangerment to public health, including contingency plans to implement the emergency

episode provisions in their SIPs. Arizona Revised Statutes §49-465 already authorizes State actions toalleviate or prevent an emergency health risk to the public due to air pollution or likely exceedance ofthe

NAAQS. Arizona Administrative Code RI 8-2-220, “Air Pollution Emergency Episodes,” approved into

the SIP numbered as R9-3-219 at 47 FR 42572 on September 28, 1982, prescribes procedures to prevent

the occurrence of ambient air pollution concentrations which would cause significant harm to public

health. The rule, however, is currently being revised to incorporate the most recent air quality standards.The revised rule will be submitted to EPA for approval as a revision to the SIP upon completion of the

State rulemaking and public review process.

Although Arizona’s air quality programs are sufficient at this time to assure attainment and maintenance

ofthe 1997 8-hour ozone and PM25 NAAQS and the 2006 PM25NAAQS in all areas of the State, certain

future updates to the federally approved SIP are needed. Several of the applicable air quality sections of

Arizona Revised Statutes have been amended and the numbering system has changed since the most

recent approval ofthe SIP. These statutes, however, continue to meet the requirements ofthe law.

In addition, a number of air quality authorizing and implementing statutes have been added for Arizonaprograms but have not yet been submitted or approved into the SIP. These program improvement

statutes, listed below, will be submitted to EPA for approval as a component of the SIP upon completion

ofthe State public review process:

49-103. Department employees; legal counsel,49-106. Statewide application ofrules,

49-107. Local delegation ofstate authority,49-405. Attainment area designations,

49-426.01. Permits; changes within a source; revisions,

49-435. Hearings on orders of abatement,

49-441. Suspension and revocation of conditional order,49-458. Regional haze program; authority,

49-458.01. State implementation plan revision; regional haze; rules,

Final CAA 110(a) SIP 090915 3
49-502. Violation; classification,

49-510. Violations; production ofrecords,

49-511. Violations; order of abatement,49-512. Violations; injunctive relief, and

49-514. Violation; classification; definition.

Final CAA 110(a) SIP 090915 4
Department of Environmental Quality (PDEQ), and the Pinal County Air Quality Control District

(PCAQCD). Figure 1 is a map showing Arizona coutities with air quality control agencies.

The Arizona Department of Environmental Quality has primaiy responsibility for air pollution control

and abatement, and as such, is required to “maintain a state implementation plan that provides for

implementation, maintenance and enforcement of national ambient air quality standards and protection of

visibility as required by the clean air act” (ARS §49-404). ADEQ is also responsible for coordinating,

along with local officials, the development, adoption, and enforcement of control measures and permits

where no local air quality control agency exists. In addition, ADEQ has original jurisdiction in all areas

of the State for certain stationary and portable, and all mobile sources, including petroleum refmeries,

coal fired electrical generating stations, and the motor vehicle emissions inspection program (ARS §49-402).

Except for the sources noted above, the county agencies have original jurisdiction for the issuance,

administration, and enforcement of permits (ARS §49-402). The State may, however, assert jurisdiction

where the local agency is unable to fulfill any function or duty as required. State law also provides direct

county authority to adopt and enforce programs, rules, and ordinances for the prevention, control and

abatement of air pollution (ARS Title 49, Chapter 3, Article 3).

Two metropolitan planning organizations, the Maricopa Association of Governments (MAG) and the

Pima Association of Governments (PAG), are certified for the development of nonattainment and

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

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

The following sections summarize the requirements of CAA Sections 11 0(a)(2)(A) through (M) and

present information that demonstrates Arizona’s State and local air pollution control programs, and

commitments to update emergency episode provisions, meet these basic elements and are adequate to

ensure attainment and maintenance ofthe particulate matter and ozone NAAQS.

ADEQ is submitting ARS §49-455 [except Section (B)( 1)1 to address CAA section 11 0(a)(2)(E)(i) and

Title 38, Chapter 3, Article 8 to address CAA section 1 l0(a)(2)(E)(ii) for inclusion in the SIP. All other

listed statutes and rules in Sections 2.1 through 2.13 are for informational purposes only.

Final CAA 110(a) SIP 090915 5
,-:‘ - - ...‘

County Seat

Counties with an Air

Quality Control Agency

0 12.525 50 75 100

Mites

Final CAA 110(a) SIP 090915 6
q

demonstration of compliance with CAA Section 1 10(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 ofthe PM2,5and 8-hour ozone air quality standards in all areas of Arizona.

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-106. Statewide application ofrules

49-107. Local delegation ofstate authority

49-402. State and county control

49-404. State implementation plan

49-406. Nonattainment area plan

49-421. Definitions

49-424. Duties of department

49-425. Rules; hearing

49-426. Permits; duties of director; exceptions; applications; objections; fees

For County Programs:

49-471. Definitions

49-473. Board of supervisors

49-479. Rules; hearing

49-480. Permits; fees

2.2 CAA Section 11O(a)(2)(B) — Ambient Air Quality Monitoring

Section 11 0(a)(2)(B) requires SIPs to include provisions for establishment and operation of ambient air

quality monitors, to compile and analyze ambient air quality data, and make these data available to EPA

upon request.

Arizona maintains an extensive monitoring network operated by State and county agencies designed to

collect, compile, and analyze ambient air quality data in attainment and nonattainment areas of the State.

Operating agencies track data recovery, quality control and quality assurance parameters for all

instruments operated at various network sites. Criteria pollutant concentrations, such as PM and ozone,

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

All data collected within the PM and ozone compliance networks are compared to the NAAQS,

statistically analyzed for trends, and recorded quarterly in EPA’s Air Quality System.

Per Code of Federal Regulations (CFR), Title 40, Part 58 the State and county agencies (ADEQ,

MCAQD, PDEQ, and PCAQCD) annually submit to EPA network monitoring plans. These plans

identif’ the purpose of each monitor and provide evidence that both the siting and the operation of each

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

Final CAA 110(a) SIP 090915 7
For ADEQ Programs:

49-404. State implementation plan

49-406. Nonattainment area plan

49-422. Powers and duties; definition

49-424. Duties of department

For County Programs:

49-473. Board ofsupervisors

2.3 CAA Section 11O(a)(2)(C) — Enforcement of Control Measures

Section 110 (a)(2)(C) requires states to include a program providing for enforcement of all SIP measures and the regulation of construction of new or modified stationary sources to meet prevention ofsignificant deterioration (PSD) and nonattainment new source review (NSR) permitting requirements.

Arizona State and local agencies implement control and enforcement programs for permitted sources of air contaminants and those sources that are not regulated through permits programs (open uncontrolled burns, construction, vacant land, etc.). As part of the SiP enforcement program, ADEQ and local agencies track all committed SIP control measures and work with the entities responsible for those

measures to provide any needed assistance and ensure timely implementation. Arizona Revised Statutes §49-406 provides additional assurance that PM and ozone nonattainment and maintenance measures will

be implemented and enforced. Each agency that commits to implement any emission limitation or other control measure contained in the SIP is required to specif’, in a resolution adopted by the governing body ofthe agency, its authority for implementing the measure and a program for enforcement ofthe limitation

or measure. If any agency or entity fails to implement a committed measure, the county is authorized to file an action in superior court for injunction or any other relief provided by law. Similarly, ifthe county fails to ensure implementation of measures, the ADEQ Director is authorized, through the State Attorney General, to seek relief provided by law to ensure implementation of all measures.

Arizona Revised Statutes Title 49, Chapter 3, Articles 1, 2, and 3 establish ADEQ and local agency authority for preconstruction review and permitting. Under the air permits program, sources that emit regulated pollutants are required to obtain a permit before constructing, changing, replacing, or operatingany equipment or process which may cause air pollution. This includes equipment designed to reduce air pollution. Permits are also required if an existing facility that causes air pollution transfers ownership, relocates, or otherwise changes operations.

ADEQ and county permitting agencies operate air quality permit compliance programs to ensure implementation of emission limits and other control measures for permitted sources. These programs include scheduled and unscheduled inspections conducted at major sources annually as well as compliance assistance initiatives. Permit and SIP enforcement authority is also provided in ARS §49- 460 through 464, and 49-510 through 514, under which the State or county may issue orders of abatement, and, through the Attorney General or County Attorney, seek injunctive relief for anyFinal CAA 110(a) SIP 090915 8
ADEQ’s nonattainment NSR program was approved by EPA for all pollutants and approval of the PSD

program granted ADEQ authority to issue PSD permits for criteria pollutants. ADEQ currently has

delegated authority to implement federal PSD provisions for PM10. A new PSD delegation agreement,

including provisions for PM25,is anticipated in 2009. At this time, State and federal prevention of

significant deterioration (PSD) permit programs meet CAA Section 11 0(a)(2)(C) requirements for PM

and ozone.

In conjunction with the NSR program, ADEQ is currently revising its PSD regulations to incorporate the

most recent air quality standards and other NSR requirements for PM2,5and will update the rules when

EPA’s PM2.5implementation guidance is finalized. The updated program will be submitted to EPA for

approval upon completion of the State rulemaking process. Conforming county regulations will be

submitted for approval as required.

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-103. Department employees; legal counsel49-106. Statewide application ofrules

49-107. Local delegation ofstate authority

49-402. State and county control

49-404. State implementation plan

49-406. Nonattainment area plan

49-422. Powers and duties; definition

49-424. Duties of department

49-425. Rules; hearing

49-426. Permits; duties of director; exceptions; applications; objections; fees

49-426.01. Permits; changes within a source; revisions49-433. Special inspection warrant

49-435. Hearings on orders of abatement49-441. Suspension and revocation of conditional order

49-460. Violations; production ofrecords

49-461. Violations; order of abatement

49-462. Violations; injunctive relief49-463. Violations; civil penalties

49-464. Violation; classification; penalties; definition49-501. Unlawful open burning; exceptions; civil penalty; definition

For County Programs:

49-473. Board ofsupervisors49-480. Permits; fees

49-480.01. Permits; changes within a source; revisions

Final CAA 110(a) SIP 090915 9
49-513. Violations; civil penalties49-514. Violation; classification; defmition

2.4 CAA Section 11O(a)(2)(D) — Interstate Transport

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

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

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

prevent significant deterioration of air quality or to protect visibility.

ADEQ submitted Revision to the Arizona State Implementation Plan Under Clean Air Act Section

11 O(a)(2)(D) (1) — Regional Transport on May 24, 2007. This revision to the Arizona SIP addressesinterstate transport of air pollution under CAA Section 11 0(a)(2)(D)(i) and contains a demonstrationshowing that Arizona does not significantly contribute to interstate transport of pollutants that impact

nonattainment in, or interfere with maintenance by, any other state with respect to the 1997 8-hour ozone

and PM2.5air quality standards. The plan also demonstrates that Arizona meets the required prevention of

significant deterioration of air quality and protection of visibility provisions of the law. EPA approved

the plan in a Direct Final Rule on July 31, 2007 (72 FR 41629).

Appendix B of this document contains an “interstate transport” analysis under CAA Section

11 0(a)(2)(D)(i) for the 2006 PM2.5air quality standards. The analysis demonstrates that Arizona does not

significantly contribute to interstate transport of pollutants that impact nonattainment in, or interfere with

maintenance by, any other state with respect to the 2006 PM2.5NAAQS. The analysis also demonstrates

that Arizona meets the required prevention of significant deterioration of air quality and protection of

visibility provisions ofthe law.

2.5 CAA Section 11O(a)(2)(E) — Adequate Resources

Section 110 (aX2)(E) requires that each SIP shall provide: (i) necessary assurances that adequate

personnel, funding, and legal authority are available to carry out the SIP; (ii) that any board which

approves permits or enforcement orders represents the public interest and any conflict of interest by board

members or an executive agency head be adequately disclosed; and (iii) necessary assurances that where

the State has relied on a local or regional govenunent agency, or instrumentality for implementation of

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

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

from regulated emissions sources, including fees collected to administer permitting programs and motor

vehicle emissions inspection and fees collected at the time of vehicle registration and re-registration, as

well as State and Federal grants. State, county, and regional agency funding levels and personnelresources are currently adequate to meet federal and State obligations to manage Arizona air resources to

Final CAA 110(a) SIP 090915 10
49-455. Permit administration fund (except Section (B)(l))

49-544. Emissions inspection fund; composition; authorized expenditures; exemptions; investment

49-551. Air quality fee; air quality fund; purpose

Permit approval and enforcement orders are provided by the ADEQ Director and county control officers.

Arizona law, applicable to “all public officers and employees of incorporated cities or towns, of political

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

contains provisions for adequate disclosure of any conflict of interest. To meet the conflict of interest

requirements under Section 11 0(a)(2)(E)(ii), ADEQ is currently submitting as a revision to the SIP ARS

Title 38, Chapter 3, Article 8, Conflict ofInterest of Officers and Employees (see Appendix C).

Relevant sections of Arizona Revised Statutes:

Title 38, Chapter 3, Article 8, Conflict ofInterest of Officers and Employees

Arizona Revised Statutes grant ADEQ primary regulatory authority for air pollution control and

abatement in Arizona as well as responsibility for ensuring adequate implementation of SIP provisions.

Relevant sections of Arizona Revised Statutes:

49-402. State and county control

49-404. State implementation plan

49-406. Nonattainment area plan

49-501. Unlawful open burning; exceptions; civil penalty; definition

2.6 CAA Section 11O(a)(2)(F) — Emissions Monitoring and Reporting

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

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

by the state agency with any emission limitations or standards.

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

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

reasonably attributable to that source.

Relevant sections of Arizona Revised Statutes:

Final CAA 110(a) SIP 090915 11
49-480. Permits; fees

49-487. Classification and reporting; confidentiality of records

2.7 CAA Section 11O(a)(2)(G) — Emergency Powers

Section 110(a)(2)(G) requires states to provide for authority to address activities causing imminent andsubstantial endangerment to public health, including contingency plans to implement the emergency

episode provisions in their SIPs.

Arizona Revised Statutes §49-465 authorizes State actions to alleviate or prevent an emergency health

risk to the public due to air pollution or likely exceedance of the NAAQS. The Governor “may, by

proclamation, declare that an emergency exists and may prohibit, restrict, or condition” any and all

activity that contributes to the emergency. Arizona Administrative Code R18-2-220, “Air Pollution

Emergency Episodes” (approved into the SIP as AAC R9-3-2l9 at 47 FR 42572; September 28, 1982),prescribes the procedures the ADEQ Director shall implement in order to prevent the occurrence of

ambient air pollution concentrations which would cause significant harm to public health. Procedures

include governmental and public notification of the nature of the episode and, at the directive of the

Governor’s office, possible curtailment of industrial and commercial activities. ADEQ is currently

revising the rule to incorporate the most recent PM and ozone NAAQS. The rule will be submitted to

EPA for review and action upon completion ofthe State rulemaking process.

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

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

Regulations, Regulation VI - Emergency Episodes, Rule 600, Emergency Episodes; Pima County

Municipal Code, Title 17. Air Quality Control, Chapter 17.32, Emergency Episodes and PublicAwareness, Article I. Emergency Episodes; Pinal County Air Quality Control District Code of

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

Revised county regulations will be submitted to EPA upon completion of any required updates,

subsequent to ADEQ’s rule revision.

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:49-462. Violations; injunctive relief

49-464. Violation; classification; penalties; definition

49-465. Air pollution emergency

For County Programs:

49-512. Violations; injunctive relief

49-514. Violation; classification; definition

Final CAA 110(a) SiP 090915 12
the CAA including changes in the NAAQS. Under ARS §49-404, ADEQ is required to 

maintain a state

implementation plan that provides for implementation, maintenance and enforcement of national ambient

air quality standards and protection of visibility as required by the clean air act.”

Relevant sections ofArizona Revised Statutes:

49-404. State implementation plan

49-406. Nonattainment area plan

2.9 CAA Section 11O(a)(2)(1) — CAA Title 1, Part D Nonattainment Area Requirements

Section 1 10(a)(2)(I) requires nonattainnient area plans to meet the applicable requirements of CAA Title

1, Part D relating to nonattainment areas.

EPA’s October 2, 2007, guidance (see Appendix A) notes that “the speóific nonattainment area plan

requirements of section 11 0(a)(2)(1) are subject to the timing requirement of section 172, not the timing

requirement of section 11 0(a)( 1), and also that SIPs to meet this section are not covered by the Consent

Decree.” Although the guidance is intended for the 1997 PM2.5and 8-hour ozone NAAQS, requirements

for the 2006 PM2.5NAAQS under Section 1 10(a)(2)(I) are the same.

2.10 CAA Section 1 1O(a)(2)(J) — Consultation with Government Officials, Public Notification, PSD

and Visibility Protection

Section 11 0(a)(2)(J) requires states to: (1) provide a process for consultation with local governments and

Federal Land Managers carrying out NAAQS implementation requirements pursuant to Section 121

relating to consultation, (2) notify the public if NAAQS are exceeded in an area and to enhance public

awareness of measures that can be taken to prevent exceedances per Section 127 relating to public

notification, and (3) meet applicable requirements of Part C related to prevention of significant

deterioration of air quality and visibility protection.

Arizona agencies maintain appropriate consultation procedures with local governments, CAA Section 174

and metropolitan planning agencies, and federal land managers regarding implementation of CAA

requirements. ARS §49-406 requires the State, the metropolitan planning agency on behalf of affected

local governments, county agencies, and the Department of Transportation to enter into a memorandum of

agreement for the purpose of coordinating the development, implementation, and enforcement of

nonattainment and maintenance plans. Additionally, opportunity for comment is provided through

stakeholder meetings and public hearings held to solicit testimony from the public as well as federal and

local air quality planning agencies prior to adoption of any revision to the Arizona SIP.

Final CAA 110(a) SIP 090915 13
For County Programs:

49-473. Board ofsupervisors

49-474. County control boards

49-479. Rules; hearing

49-480. Permits; feesCAA Section 127 requires measures to notily the public of instances or areas in which any air quality standard is exceeded during the preceding calendar year, to advise the public of health hazards associated with air pollution, and to enhance public awareness of measures that can be taken to improve air quality. The results of air quality monitoring conducted throughout Arizona, including ambient PM and ozone data, are published in ADEQ’s Air Quality Annual Reports. Air quality forecasts, which include actual ambient air quality data for the preceding day, are made available to the public daily. The annual reports, daily forecasts, and other air quality information including tips for reducing pollution are available on the ADEQ Web site.

Relevant sections of Arizona Revised Statutes:49-424. Duties of departmentClean Air Act, Title 1, Part C includes provisions relating to prevention of significant deterioration of air quality and visibility protection. PSD provisions are discussed in Section 2.3 above.

Arizona’s visibility protection program is designed to analyze the causes of visibility impairment and to develop and implement control strategies as required. Requirements include analysis of emissions from

new major sources or sources making major modifications and anticipated impacts on visibility at any Class 1 area. Arizona submitted a Regional Haze SIP under 40 CFR 51.309 in December 2003, and a 2004 revision for its four Class I areas on the Colorado Plateau. A SIP for its remaining eight Class I areas is being developed under 40 CFR 51.309(g).

Relevant sections of Arizona Revised Statutes:49-45 8. Regional haze program; authority49-458.0 1 State implementation plan revision; regional haze; rules

F1na1CAA1IO(a)S1P090915 14
data are made available to EPA as required.

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:49-406. Nonattainment area plan

49-422. Powers and duties; definition49-424. Duties of department

49-426. Permits; duties of director; exceptions; applications; objections; fees

For County Programs:49-473. Board ofsupervisors

49-474. County control boards

49-480. Permits; fees

2.12 CAA Section 11O(a)(2)(L) — Permit Fees

Section 11 0(a)(2)(L) requires SIPs to require the owner or operator of a major stationary source to pay

fees to the permitting authority to cover the cost of reviewing, approving, implementing and enforcing apermit.

Arizona permitting agencies are responsible for assessing fees sufficient to recover the costs of

administering the permitting program. Assessments include fees for permit actions, administrative andemission based fees for Title V sources, inspection fees for non-Title V sources, and fees for general

permits.

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-426(E). Permits; duties of director; exceptions; applications; objections; fees

For County Programs:49-480(D). Permits; fees

2.13 CAA Section 11O(a)(2)(M) — Consultation/Participation by Affected Local Entities

Section 11 0(a)(2)(M) requires states to provide for consultation and participation in SIP development bylocal political subdivisions affected by the plan.

Final CAA 110(a) SIP 090915 15
Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-405. Attainment area designations49-406. Nonattainment area plan

49-424. Duties of department49-425. Rules; hearing

49-426. Permits; duties of director; exceptions; applications; objections; feesFor County Programs:

49-473. Board ofsupervisors49-474. County control boards

49-479. Rules; hearing49-480. Permits; fees

Final CAA 110(a) SIP 090915 16
t

al endangerment to public health, including contingency plans to implement the

emergency episode provisions in their SIPs. Arizona Revised Statutes §49-465 authorizes State actions to

alleviate or prevent an emergency health risk to the public due to air pollution or likely exceedance ofthe NAAQS. Arizona Administrative Code R18-2-220, “Air Pollution Emergency Episodes,” which prescribes procedures to prevent the occurrence of ambient air pollution concentrations which would

cause significant hann to public health is currently being revised to incorporate the most recent PM and

ozone air quality standards. The revised “Emergency Episode” program will be submitted to EPA for approval as a component ofthe SIP upon completion ofthe State rulemaking and public review process.

Final CAA 110(a) SIP 090915 17
This SIP revision also demonstrates that outsta

g 

q

(

)(

(E)(ii) for the 1997 PM25 NAAQS and Sections 1 10(a)(2)(A) through (M) for the 1997 8-hour ozone

NAAQS are met (see the U.S. Environmental Protection Agencys “Completeness Findings” at 73 FR

62902; October 22, 2008, and 73 FR 16205; March 27, 2008).

Final CAA 110(a) S1P 090915 18