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Mr. Wayne Nastri

Regional Administrator

U.S. Environmental Protection Agency, Region IX 75 Hawthorne Street

San Francisco, CA 94105

RE: Analysis ofClean Air Act Section 11 O(a)(2) Air Quality Control Program Elements for Arizona - PM2.5

Dear Mr. Nastri:

I am writing to you in response to the U.S. Environmental Protection Agency’s (EPA) request for each state to submit State Implementation Plan (SIP) revisions or certify that its existing SIP is adequate to meet the requirements of Clean Air Act (CAA) Sections Ii O(a)(1) and (a)(2) for the 1997 8-hour ozone and particulate matter 2.5 microns or less in diameter (PM2s) air quality standards. Sections 1 l0(a)(1) and (a)(2) address certain basic elements or the “infrastructure” of

air quality management programs and include requirements for monitoring, modeling, and other provisions designed to assure attainment and maintenance ofthe standards.The enclosed document describes the existing authorities and infrastructure of State and local air quality management programs in Arizona for particulate matter. Although Arizona’s programs

are sufficient at this time to assure attainment and maintenance of the PM2,5standards in all areas of the State, certain updates to the federally approved SIP are required. A number of the authorizing and implementing statutes for Arizonas air quality programs have been revised or added and the numbering system has changed since the most recent approval of the SIP. They continue to meet the requirements of the law. ADEQ certifies that the requirements of the following CAA Sections are met by the current approved SiP for the 1997 PM2.5air quality standards:

11 0(a)(2)(A) relating to control measures and emission limits,

I lO(a)(2)(B) relating to ambient air quality monitoring, 11 0(a)(2)(C) relating to enforcement of all SIP measures,

11 0(a)(2)(D) relating to interstate transport,

IIO(a)(2)(E)(iii) relating to State responsibility for ensuring adequate implementation of plan provisions,

11O(a)(2)(F) relating to emissions monitoring and reporting,

Northern Regional Office Southern Regional Office 1 801 W. Route 66 • Suite 117 . Flagstaff, AZ 86001 400 West Congress Street • Suite 433 • Tucson, AZ 85701 (928) 779-0313 (520) 628-6733

Printed on recycled paper
ii 0(a)(2)(J) relatmg to consultation with government officials and public notification of

any exceedance ofthe air quality standards,

I 10(a)(2)(K) relating to air quality modeling,

11 O(a)(2)(L) relating to permit fees, and

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

ADEQ is in the process of preparing a revision to the SIP to meet the remaining requirements of

CAA Section 1 10(a)(2) as follows:

11 0(a)(2)(C) relating to new source review and prevention ofsignificant deterioration,

11 O(a)(2)(E)(i) relating to adequate fimding,

11 0(a)(2)(E)(ii) relating to conflicts of interest,

11 0(a)(2)(G) relating to emergency episodes, and

1 lQ(a)(2)(J) relating to prevention ofsignificant deterioration and visibility protection.

These elements will be submitted to EPA for approval as a component of the SIP upon

completion of the State rulemaking and public review process. Analysis of CAA Section

11 0(a)(2) requirements for ozone will be addressed under separate cover.

If you have any questions, please contact Nancy Wrona, Director, Air Quality Division, at (602)

207-2308 or Diane Arnst, Air Quality Planning Section Manager, at (602) 207-2375.

Sincerel

St p en . Owens

Director

Enclosure

cc: Coileen McKaughan, EPA

Wienke Tax, EPA

SAO:BJF:MBL
In July 1997, the U.S. Environmental Protection Agency (EPA) issued new National Ambient Air Quality Standards (NAAQS) for 8-hour ozone and particulate matter 2.5 microns or less in diameter (PM2.5). Clean Air Act (CAA) Section 1 1O(a)(I) requires states to submit state implementation plans (SIPs) within 3 years following the promulgation of new or revised standards to provide for implementation, maintenance, and enforcement of such standards. Each of these Sips must address certain basic elements or the “infrastructure”

of its air quality management programs under CAA Section 1 l0(a)(2). These elements, detailed in CAA

Sections 1 10(aX2XA) through (M), include requirements for monitoring, emissions inventories, and modeling, designed to assure attainment and maintenance of the NAAQS. Subsequent litigation 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 ll0(aXl) and (2) plans for the 1997 standards, EPA entered into a Consent Decree with Earth Justice that obligates EPA to determine whether states have made the required SIP submissions.

The Consent Decree requires EPA action on interstate transport of air pollution, a required SIP component under Section 1 10(aX2)(DXi), by March 15, 2005. On April 25, 2005, EPA published “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). The April 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, the Arizona Department of Environmental Quality (ADEQ) submitted Revision to the Arizona State

Implementation Plan Under Clean Air Act Section 110(a)(2)(D)(l)

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

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

remaining requirements of sections Il 0(a)( 1) and (2) by December 15, 2007, for the 8-hour ozone standards (later extended to March 27, 2008), and by October 5, 2008, for the PM2,5 standards. 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 address Section 1 10(a)(1) and (2) requirements if the state fails to submit and obtain EPA approval of any necessary SIP revision or demonstrate existing state programs are sufficient to meet these requirements.

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

and PM2.5National Ambient Air Quality Standards October 2, 2007, to assist states as they develop SIPs or certili that existing SIP elements are adequate to meet their outstanding obligations.This document describes the existing authorities and infrastructure of Arizona State and local air quality

management programs for the PM2.5standards. Analysis of CAA Section 11 0(a)(2) requirements for ozone will be addressed under separate cover.

Although Arizona’s programs are sufficient at this time to assure attainment and maintenance of the PM2.3

standards in all areas of the State, certain updates to the federally approved SIP are required. Updates include submittal ofregulations that are new or have been renumbered subsequent to approval ofthe SIP and submittal of revised regulations for Prevention of Significant Deterioration (PSD), emergency episodes, and otherprogram improvements.

September 17, 2008 1
1 10(a)(2)(B) relating to ambient air quality monitoring,

11 O(a)(2)(C) relating to enforcement of all SIP measures,

1 10(a)(2)(D) relating to interstate transport,

11 0(a)(2)(E)(iii) relating to State responsibility for ensuring adequate implementation of plan

provisions,

11 0(aX2)(F) relating to emissions monitoring and reporting,

11 0(aX2)(H) relating to plan revisions,

11 0(a)(2)Q) relating to consultation with government officials and public notification of any

exceedance ofthe air quality standards,

1 l0(a)(2)(K) relating to air quality modeling,

I 10(a)(2)(L) relating to permit fees, and

1 10(a)(2)(M) relating to consultation/participation by affected local officials.

ADEQ is in the process of preparing a revision to the SIP to meet the remaining requirements of CA.A Section

1 1O(a)(2) as follows:

11 0(a)(2)(C) relating to new source review and prevention of significant deterioration,

11 0(a)(2)(E)(i) relating to adequate uimding,

1 10(a)(2)(E)(ii) relating to conflicts of interest,11 0(a)(2)(G) relating to emergency episodes, and

I 10(a)(2)(J) relating to prevention ofsignificant deterioration and visibility protection.

Clean Air Act Sections 11 O(a)(2)(C) and (J) require SIPs to include a program for the regulation of construction

of new or modified stationary sources to meet PSD and nonattainment new source review (NSR) permittingrequirements. ADEQ is currently revising its PSD regulations to incorporate the most recent PM standards and

other NSR requirements for PM25.

Clean Air Act 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 theemergency 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. Arizona Administrative Code Ri 8-2-220, “Air Pollution Emergency Episodes,” which prescribes

procedures to prevent the occurrence of ambient air pollution concentrations which would cause significant

harm to public health is currently being revised to incorporate the most recent PM air quality standards.

In addition, a number of air quality authorizing and implementing statutes have been added for Arizona

programs but have not yet been submitted or approved into the SIP, including those to meet the conflict of

interest and funding requirements of CAA Section 1 10(a)(2)(E), and visibility protection requirements under

1 10(a)(2)(J). These program improvement statutes are as follows:

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

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

49-107. Local delegation ofstate authority

49-405. Attainment area designations

September 17, 2008 2
49-458.01. State implementation plan revision; regional haze; rules 49-460. Violations; production ofrecords49-461. Violations; order of abatement

49-462. Violations; injunctive relief

49-464. Violation; classification; penalties; definition 49-471. Definitions

49-476.01. Monitoring

49-490. Hearings on orders of abatement

49-495. Suspension and revocation of conditional order

49-502. Violation; classification

49-510. Violations; production of records

49-511. Violations; order of abatement

49-5 12. Violations; injunctive relief

49-514. Violation; classification; definition

49-544. Emissions inspection fund; composition; authorized expenditures; exemptions; investment 49-551. Air quality fee; air quality fund; purpose

The revised and new program elements described above will be submitted to EPA for approval as a component ofthe SIP upon completion ofthe state rulemaking and public review process.

Description of Arizona Air Quality Program Elements to meet the Requirements of Clean Air Act Section 110(a)(2) for

Arizona Revised Statutes, Title 49, “Environment,” divides responsibility and encourages cooperation for meeting the requirements of the CAA between the State, county agencies, and regional planning organizations. Currently the State and three county agencies operate air quality control programs under direct or delegated authority. These air pollution control agencies are: Arizona Department of Environmental Quality (ADEQ), Maricopa County Air Quality Department (MCAQD), Pima County Department of Environmental Quality (PDEQ), and the Pinal County Air Quality Control District (PCAQCD). Figure 1 illustrates Arizona counties with air quality control agencies.

The Arizona Department of Environmental Quality has “primary responsibility for air pollution control and abatement,” and as such, is required to “maintain a state implementation plan that provides for implementation, maintenance and enforcement of national ambient air quality standards and protection of visibility as required by the clean air act” (ARS § §49401, 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, portable, and mobile sources including petroleum refineries, coal fired electrical generating stations, and the motor vehicle emissions inspection program (ABS §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

September 17, 2008 3
The following sections summarize the requirements of CAA Sections 11 0(aX2)(A) through (M) and present

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

update new source review and emergency episode provisions, meet these basic elements and are adequate to

ensure attainment and maintenance ofthe particulate matter NAAQS.

September 17, 2008 4

The timing of submittals for specific nonattainment area control measures and plans is subject to therequirements of CAA, Title 1, Part D, ‘Plan Requirements for Nonattainment Areas;” therefore, the

demonstration of compliance with CAA Section 1 l0(aX2XA) includes the necessary authority for State and

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

arid maintenance ofthe PM2.5air 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

49-401. Declaration of policy

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

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

Section 1 l0(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, are measured with instruments meeting

EPA certification as Federal Reference or Equivalent Methods. All data collected within the PM compliance

network 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 identify the purpose of

each monitor and provide evidence that both the siting and the operation of each monitor meets the network

design, quality assurance, and other federal requirements of 40 CFR Part 58. The results of air quality

September 17, 2008 6
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 of supervisors

CAA. Section 1 lO(a)(2)(C) — Enforcement of Control Measures

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

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 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 speci1,’, in a resolution adopted by the governing body ofthe agency, its authority for implementing the measure and a program for enforcement of the 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 attorney general, to seek relief provided by law to ensure implementation of all measures.

Arizona Revised Statutes Title 49, Chapter 3, Articles 1, 2, and 3 establish ADEQ and local agency authority for preconstruction review and permitting. Under the air permits program, sources that emit regulated pollutants are required to obtain a permit before constructing, changing, replacing, or operating any equipment

or process which may cause air pollution. This includes equipment designed to reduce air pollution. Permitsare 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 and 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 county attorney

or attorney general, seek injunctive relief for any violations ofthe air quality provisions ofthe law.

All new major sources and major modifications to existing major sources in Arizona are subject to New Source Review (NSR) provisions of State or local rules, which include nonattainment NSR for nonattainment area

sources and Prevention of Significant Deterioration (PSD) provisions for attainment areas. ADEQ’s NSR

September 17, 2008 7
submitted for approval as required.

Relevant sections of Anzona Revised Statutes

For ADEQ Programs

49-103. Department employees; legal counsel

49-106. Statewide application ofrules

49-107 Local delegation ofstate authority

49-401 Declaration of policy

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; revisions

49-433. Special inspection warrant

49-435. Hearings on orders of abatement

49-441. Suspension and revocation of conditional order

49-460. Violations; production of records49-461. Violations; order of abatement

49-462. Violations; injunctive relief

49-463. Violations; civil penalties

49-464. Violation; classification; penalties; definition

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

For County Programs:

49-473. Board of supervisors

49-480. Permits; fees

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

49-488. Special inspection warrant

49-490. Hearings on orders of abatement

49-495. Suspension and revocation of conthtional order

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

49-502. Violation; classification

49-510. Violations; production ofrecords

49-511. Violations; order of abatement

49-512. Violations; injunctive relief49-5 13. Violations; civil penalties

49-514. Violation; classification; definition

September 17, 2008 8
p

y

ADEQ submitted Revision to the Arizona State Implementation Plan Under Clean Air Act Section 11O(a)(2)(D)(i) — Regional Transport on May 24, 2007. This revision to the Arizona SIP addresses interstate

transport of air pollution under CAA Section 1 l0(a)(2)(D)(i) and contains a demonstration showing 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 PM25 air quality standards. The plan also demonstrates that Arizona meets the required prevention ofsignificant 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).

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

Section 110 (a)(2)(E) requires that each SIP shall provide necessary assurances that: 1) adequate personnel, funding, and legal authority are available to carry out the SIP; 2) 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 3) where the State has relied on a local or regional government

agency, or instrumentality for implementation of any plan provision the state has responsibility for ensuring adequate implementation ofsuch plan provision.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 personnel resources are currently adequate to meet federal and State obligations to manage Arizona air resources to protect public health and welfare and administer the air quality programs necessary to attain and maintain the PM2.5air quality standards.

Relevant sections of Arizona Revised Statutes:

49-455. Permit administration fund (except Section (BXI)) 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 contains provisions for adequate disclosure of any conflict of interest by an appointed public officer or a public employee.

Relevant sections ofArizona Revised Statutes:

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

September 17, 2008 9
49-401. Declaration of policy

49-402. State and county control

49-404. State implementation plan

49-406. Nonattainment area plan

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

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:

For ADEQ Programs:

49-422. Powers and duties; definition

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

49-432. Classification and reporting; confidentiality of records

For County Programs:

49-476.01. Monitoring

49-480. Permits; fees

49-487. Classification and reporting; confidentiality ofrecords

CAA Section 1 10(a)(2)(G) — Emergency Powers

Section 1 10(a)(2XG) requires states to provide for authority to address activities causing imminent and

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

provisions in their SIPs.

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

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

declare that an emergency exists and may prohibit, restrict, or condition” any and all activity that contributes to

the emergency. Arizona Administrative Code Ri 8-2-220, “Air Pollution Emergency Episodes,” 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

September 17, 2008 10
In addition, as authorized by ARS §49-426.07, ADEQ may seek injunctive relief upon receipt of evidence that a

source or combination of sources is presenting an imminent and substantial endangerment to public health or the environment.

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-426.07. Imminent and substantial endangerment

49-462. Violations; injunctive relief

49-464. Violation; classification; penalties; definition

49-465. Air pollution emergency

For County Programs:

49-512. Violations; injunctive relief

49-5 14. Violation; classification; definition

CAA Section 1 1O(a)(2)(1I) — Plan Revisions

Section 1 10(a)(2)(H) requires states to have authority to revise their SIPs in response to changes in the NAAQS

or availability of improved methods for attaining the NAAQS. This Section also requires states to provide for plan revisions to ensure the adequacy of the plan to attain the air quality standards or to otherwise comply with

any additional requirements established under the Clean Air Act.

Arizona Revised Statutes contain authority to revise the Arizona SIP to comply with the requirements of the CAA including changes in the NAAQS, Under ARS §49-404, ADEQ is required to “maintain a state implementation plan that provides for implementation, maintenance and enforcement of national ambient air

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

Relevant sections of Arizona Revised Statutes:49-404. State implementation plan

49-406. Nonattainnient area plan

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

Section 1 10(a)(2)(I) requires nonattainment area plans to meet the applicable requirements of CAA Title 1, Part D relating to nonattainment areas.

September 17, 2008 11
Protection

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

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.

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-405. Attainment area designations

49-406. Nonattainment area plan

49-424. Duties of department

49-425. Rules; hearing

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

For County Programs:

49-473. Board of supervisors

49-474. County control boards

49-479. Rules; hearing

49-480. Permits; fees

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

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

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

air quality monitoring conducted throughout Arizona, including ambient PM 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 department

September 17, 2008 12
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:

49-458. Regional haze program; authority

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

Section 11O(a)(2)(K) — Air Quality ModelingSection 1 I0(a)(2XK) requires that SIPs provide for performing air quality modeling for predicting the effect of emissions on ambient air quality and to submit data related to the modeling to EPA upon request.

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

Relevant sections of Arizona Revised Statutes:For ADEQ Programs:

49-422. Powers and duties; definition

49-424. 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

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 ofreviewing, approving, implementing and enforcing a permit.

Arizona permitting agencies are responsible for assessing fees sufficient to recover the costs of administering the permitting program. Assessments include fees for permit actions, administrative and emission based fees for Title V sources, inspection fees for non-Title V sources, and fees for general permits.

September 17, 2008 13
49-480(D) Permits, fees I

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

Section Ii 0(a)(2)(M) requires states to provide for consultation and participation in SIP development by local

political subdivisions affected by the plan.

Arizona air quality agencies consult with and maintain frequent and regular communication with all local and

political subdivisions affected by plan revisions. Local entities participate in plan development and the review

process and often provide needed data and information for analyses contained in the plan as well as

implementation assistance. Opportunity for comment is also provided through stakeholder meetings and public

hearings conducted to solicit testimony from the public, local planning agencies, and other local political

entities prior to adoption of any plan revisions.Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-405. Attainment area designations

49-406. Nonattainment area plan

49-424. Duties of department

49-425. Rules; hearing

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

For County Programs:

49-473. Board of supervisors

49-474. County control boards

49-479. Rules; hearing

49-480. Permits; fees

September 17, 2008 14