## ARIZONA DEPARTMENT OF 

## ENVIRONMENTAL QUALITY
1110 West Washington Street• Phoenix, Arizona 85007

(602) 771-2300 • www.azdeq.gov Henry R. Darwin Director



## ~JA~4 I S ~

Mr. Jared Blumenfeld, Regional Administrator U.S. Environmental Protection Agency, Region IX Mail Code ORA-1 75 Hawthorne Street San Francisco, CA 94105 RE: Arizona State Implementation Plan Revision under the Clean Air Act Section 11 0(a)(1) and (2); 2010 NO2 NAAQS
Dear Mr. Blumenfeld: Consistentwith the provisions ofArizona Revised Statutes

## §~ 49-104, 49-106, 49-404, 49-406 and 49- 425 and the Code ofFederal Regulations (CFR) Title 40,

## §~ 51.102 through 51.104, the Arizona Department of Environmental Quality (ADEQ) hereby adopts and submits to the U.S. Environmental ProtectionAgency (EPA) a revision to the Arizona State Implementation Plan Revision under Clean Air ActSections 110(a)(1) and (2): Implementation of2010 NO2 NationalAmbientAir QualityStandards as a revision tothe Arizona State Implementation Plan (SIP). Clean Air Act (CAA) Section 110 (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 orthe “infrastructure” ofits air quality management programs under CAA Section 110 (a)(2) including provisions for monitoring, emissions inventories, and modeling designed to assure attainment and maintenance ofthe NAAQS. The SIP revision incorporates by reference both existing statutes and rules, a document demonstrating that the requirements of40 C.F.R. Part 51 Appendix V are satisfied, copies ofthe authorizing statutes cited above (Appendix A), letters regarding Arizona’s designation as unclassifiable/attainment (Appendices 13 and C), and copies ofthe required public process documents (Appendix D).

Southern Regional Office 400 West Congress Street • Suite 433 • Tucson, AZ 85701

(520) 628-6733 Printedon recycledpaper Janice K. Brewer GovernorADEQ requests the EPA to approve this revision to the Arizona SIP. A hard copy ofthe SIP and an

electronic exactduplicate ofthe hard copy on CD are included with this letter. Sincerely,

cc: Bill Wiley, MaricopaCountyAirQuality Department, w/o enclosures Ursula Kramer, Pima County Department ofEnvironmental Quality, w/o enclosures Don Gabrielson, Pinal CountyAirQuality Department, w/o enclosures Colleen McKaughan, EPA Region IX, w/o enclpsures Rory Mays, EPA Region IX, w/o enclosures AirQuality Mr. Jared Blumenfeld Page 2 of2



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### February25, .2011 

## ARIZONA DEPARTMENT OF 

## ENVIRONMENTAL QUALITY 1110 West Washington Street • PhoenixF Arizona 85007

(602) 771-2300 ‘www.azdeq.gov



### TO: EricMassey Division Director AirQuality Division UnderA.R.S. §49-1 04(D)(2), I authorizeyou, Eric Massey, Division Director, AirQuality Division, Arizona DepartmentofEnvironmental Quality, to perfoimanyact, includingexecution ofanypertinentdocuments, which~Ias DirectoroftheArizonaDepartmentofEnvironmental Qualityam authorized orrequired to do bylawwith respecttoA.R.S. Title49, chapters 1 and 3 and anyotheracts relatingto airquality including personnel actions. This authorityshall remain in effect until it is revoked oryou resign. You mayfurtherdelegatethisauthorityinthe best interest oftheagency, however, those delegations mustbe in writing andyoumustforwarda copyofanyfurtherdelegationsto me. This delegation is effective February25, 2011. I ratifyall acts performed byyouasAirQuality Division Directorconcerningthe dutiesandfunctions inthis delegation letter.

Henry R. arwin Director

Northern Regional Office 1 801 W. Route 66 • Suite 1 17 Flagstaff, AZ 86001

(928)779—0313 Southern Regional Office 400 West Congress Street • Suite 433 • Tucson, AZ 85701

(520) 628—6733 Janice K.- Brewer Governor Henry R. Darwin Director

Printedon recycledpaper

# I F F I F 1* [ L L L L L

# ADEQ~
Arizona Department ofEnvironmental Quality 

# (((p

Final Revision to the Arizona State Implementation

Plan under Clean AirAct Section 11O(a)(1) and (2):

Implementation of 2010 NO2 National AmbientAirQualityStandards

AirQuality Division January 2013(This Page IntentionallyLeftBlank) 

# I

I: [ [ L L [TABLE OF CONTENTS

TABLE OF CONTENTS LIST OF APPENDICES ii 1.0 INTRODUCTION 1 2.0 CRITERIA I 3.0 REGULATORY BACKGROUND 3 4.0 SUMMARYAND DISCUSSION OF THE CURRENT REVISION TO ARIZONA?S

‘INFRASTRUCTURE” SIP 5 5.0 ANALYSIS OF CLEAN AIR ACT SECTION 1 10(a)(2) AIR QUALITY CONTROL PROGRAM ELEMENTS FORARIZONA 13 5.1 CAA Section ii 0(a)(2)(A)

—Control Measures and Emission Limits 14 5.2 CAA Section 110(a)(2)(B)

—AmbientAir Quality Monitoring 14 5.3 CAA Section 110(a)(2)(C)

— Enforcement ofControl Measures 15 5.4 CAA Section 1 10(a)(2)(D)

— Interstate Transport 17 5.5 CAA Section 1 1O(a)(2)(E)

—Adequate Resources 18 5.6 CAA Section 1 10(a)(2)(F)

— Emissions Monitoring and Reporting 21 5.7 CAA Section 11 0(a)(2)(G)

—Emergency Powers 22 5.8 CAA Section llO(a)(2)(H)

—Plan Revisions 23 5.9 CAA Section 1 10(a)(2)(I)

—CAATitle 1, Part D Nonattainment Area Requirements 23 5.10 CAA Section 110(a)(2)(J)—Consultation with GovernmentOfficials, Public Notification, PSD and Visibility Protection 24 5.11 CAA Section 1 10(a)(2)(K) —AirQuality Modeling 25 5.12 CAA Section 1 10(a)(2)(L)

—Permit Fees 26 5.13 CAA Section 110(a)(2)(M)

—Consultation/Participation by Affected Local Entities 26 6.0 CONCLUSION 27APPENDICES

A. Authorizing Statutes B. Letter from Janice K. Brewer, Governor, to Jared Blumenfeld, Regional Administrator, EPA, subject: Nitrogen Dioxide Designation Recommendations, datedJanuary4, 2011. C. Letterfrom Jared Blumenfeld, Regional Administrator, EPA, to Janice K. Brewer, Governor, re: designations of All Areas of Arizona as Unclassifiable/Attainment for Nitrogen Dioxide NAAQS, datedJune 29, 2011. 

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ii 

# I1.0 INTRODUCTION

This revision to the Arizona SIP incorporates by reference the statutes and rules already submitted and approved by the EPA in order to demonstrate that Arizona State and local air quality management programs meet the basic program elements required under Clean AirAct (CAA) Sections 110(a)(1) and (2) for implementingthe 2010 Nitrogen Dioxide (NO2) NAAQS. ADEQ sought parallel processing of this revision to the SIP under 40 C.F.R. Part 51, Appendix V, 

## § 2.3.1. ADEQ has completed the State’s public notice and public hearing requirements and has attached documentation as Appendix D. Section 2.0 ofthis document addresses the criteria foran official SIP submission as setforth in 40 C.F.R. Part 51, AppendixV. 2.0 CRITERIA2.1 Administrative Materials

2.1(a) A formal letter of submittal from the Governor or [her] designee, requesting EPA approval of the plan or revision thereof (hereafter “the plan”). See cover letter. 2.1(b) Evidence that the State has adopted the plan in the State code or

body of regulations; or issued the permit, order, consent agreement (hereafter “document”) in final form. Certified copies of many ofthe statutes and rules relied upon in this revision to the Arizona SIP were provided in the supplement to the Clean Air Act Section 110 (a)(1) and (2) SIP for the 2006 PM2~5 National Ambient Air Quality Standards (NAAQS), the 1997 PM2.5 NAAQS, and the 1997 8-hour ozone NAAQS, submitted on August 24, 2012. The EPA approved the certified statutes and rules into the Arizona SIP on November 5, 2012. 77 FR 66398. ADEQ is incorporating these statutes and rules by reference. Earlier, there were several key statutes and rules that were approved into the Arizona SIP. ADEQ will again reference these as they are importantto the approval ofthis SIP revision. Those statutes are

## §§ 49- 402, -404, and -406, approved by EPA on June 8, 2000 (65 FR 36353) and 

## §~ 49-543, -544, and -551 approved by EPA on January22, 2003 (68 FR2912). R9-3-219, “Air pollution emergency episodes” was approved bythe EPA on September28, 1982. 47 FR 42572. R9-3-215, “Ambient airquality monitoring methods & procedures”, was approved bythe EPA on October 19, 1984 (49-FR 41026). Certified copies of Ri8-2-220, “Air pollution emergency episodes,” and the Air Quality Monitoring Procedures Manual (Referenced in R9-3-215), were submitted on August 30, 2012, and were approved bythe EPA on October 15, 2012. 77 FR 62452. All ofthese rules and the manual, along with 

## §~ 49-462, -463, and -512, comprise the approved Arizona Emergency Episode Plan that is incorporated by reference into this SIP.

2.1(c) Evidence thatthe State has the necessary legal authority under State lawto adopt and implement the plan.ADEQ is authorized to implement SIPs underArizona Revised Statutes 

## §~ 49-104, 49-106, 49-404, 49-

406 and 49-425, which are attached as AppendixA.

2.1(d) A copy ofthe actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made to the existing approved plan, where applicable. The statutes and rules incorporated by reference are listed in Tables 4-1 through 4-10, with EPA approval dates and citations. 2.1(e) Evidence that the State followed all ofthe procedural requirements

of the State’s laws and constitution in conducting and completing the adoption/issuance ofthe plan. 

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Not required forparallel processingversion ofSIP. See 40 C.F.R. Part 51, AppendixV, 

## § 2.3.1(d).

2.1(f) Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication ofsuch notice. Not required forparallel processingversion ofSIP. See 40 C.F.R. Part 51, AppendixV, 

## § 2.3.1(d).

2.1(g) Certification that public hearing(s) were held in accordance with the information provided in the public notice and the State’s laws and constitution, if applicable and consistent with the public hearing requirements in 40 CFR 51.102. Not required for parallel processing version ofSIP. See 40 C.F.R. Part 51, AppendixV, 

## § 2.3.1(d).

2.1(h) Compilation ofpublic comments and the State’s responsethereto. Not required forparallel processingversion ofSIP. See 40 C.F.R. Part 51, AppendixV, 

## § 2.3.1(d).

2.2 Technical Support 2.2(a) Identification ofall regulated pollutants affected bythe plan. 

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Nitrogen Dioxide (NO2).

2.2(b) Identification ofthe locations ofaffected sources including the EPA attainment/ nonattainment designation ofthe locations and the status ofthe attainment plan forthe affected areas(s). 

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Not applicable. 2.2(c) Quantiflcation of the changes in plan allowable emissions from the

affected sources; estimates of changes in current actual emissions from affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the differences between certain baseline levels and allowable emissions anticipated as a result ofthe revision.

2Notapplicable. 2.2(d) The State’s demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented (Section 110(1) demonstration). See below sections 5.3, 5.4 and 5.10.

2.2(e) Modeling information required to support the proposed revision, including input data, output data, models used, justification of model selections, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy ofthe modeling analysis. Not applicable. 2.2(1) Evidence, where necessary, that emission limitations are based on

continuous emission reduction technology. Not applicable. 2.2(g) Evidence that the plan contains emission limitations, work practice

standards and recordkeeping/reporting requirements, where necessary, to ensure emission levels. See below sections 5.1, 5.2, 5.3 and 5.6.

2.2(h) Compliance/enforcement strategies, including how compliance will be determined in practice. See below sections 5.3 and 5.5.

2.2(i) Special economic and technological justifications required by any applicable EPA policies, or an explanation ofwhy such justifications are not necessary. No known deviations. 3.0 REGULATORY BACKGROU~P Clean Air Act (CAA) Section 1 10(a)(1) requires states to submit SIPs within three years following the promulgation ofnew or revised NAAQS to provide for implementation, maintenance, and enforcementof such standards. Each ofthese SIPs must address certain basic elements or the “infrastructure” of its air quality management programs under CAA Section 110(a)(2). These elements, detailed in CAA Sections 110(a)(2)(A) through (M), include provisions for monitoring, emissions inventories, and modeling designedto assure attainmentand maintenance ofthe NAAQS. On February 9, 2012, the U.S. Environmental Protection Agency (EPA) issued a new primary National Ambient Air Quality Standard (NAAQS) for oxides ofnitrogen as measured by nitrogen dioxide (NO2),

3effective April 12, 2010. 75 FR 6474. The EPA established a new 1-hour standard at a level of 100 parts

per billion (ppb), based on the 3-year average ofthe 98th percentile ofthe yearly distribution of 1-hour daily maximum concentrations, to supplement the existing annual standard. Id. At 6474. EPA also established requirements “for an NO2 monitoring network that will include monitors at locations where maximum NO2 concentrations are expected to occur, including within 50 meters of major roadways, as well as monitors sited to measure the area-wide NO2 concentrations that occur more broadly across communities.” Id. On January 4, 2011, Governor Brewer, on behalfofthe State ofArizona, recommended designations for the NO2 NAAQS to be set as unclassifiable for all areas ofthe State within the State’sjurisdiction.’ In 

# [ that letter, Arizona expected to have additional monitoring information by calendar year 2015, and, if appropriate, will submit revised recommendations atthattime. On June 29, 2011, in a letterfrom the EPAto Governor Brewer, EPA notified the State ofArizona ofits intention to designate all areas ofArizona as unclassifiable/attainment for the 2010 NO2 NAAQS using boundaries recommended by’Arizona. 2 On February 17, 2012, the EPA, based on air quality monitoring data, designated all areas ofthe United States as “unclassifiable/attainment” for the 2010 NO2 NAAQS. 77 FR 9532 (Effective February 29, 2012). The EPA stated that the designation as “unclassifiable! attainment” meant that available information did not indicate that the air quality in these areas exceeds the 2010 NO2 NAAQS. Id. EPA also established “requirements for an NO2 monitoring network that will include monitors at locations where maximum NO2 concentrations are expected to occur, including within 50 meters of major roadways, as well as monitors sited to measurethe area-wide NO2 concentrationsthat occur more broadly across communities.” Id. 

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Forreference, letteris attached asAppendix B. 2 Forreference, letter is attached asAppendix C.

4 

# L4.0 SUMMARYAND DISCUSSION OF THE REVISION TO ARIZONA’S “INFRASTRUCTURE

SIP,, This document incorporates by reference specific statutes and rules, which are the authorities and infrastructure of Arizona State and local air quality management programs need to meet the basic program elements required under CAA Section 11 0(a)(2) for the 2010 NO2 NAAQS. All statutes and rules incorporated by reference in this SIP revision have already been approved into the Arizona SIP.3 The statutes and programs referenced in Section 5.0 are adequate to meet the following requirements of the CAA forthe 2010 NO2 NAAQS, unless otherwise stated: 11 0(a)(2)(A), control measures and emission limits, 11 0(a)(2)(B), ambientairquality monitoring, 11 0(a)(2)(C), enforcement of all SIP measures and new source review and prevention of significantdeterioration, 11 0(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, 110(a)(2)(E)(ii), conflicts ofinterest, 110(a)(2)(E)(iii), State responsibility for ensuring adequate implementation of plan provisions, 11 0(a)(2)(F), emissions monitoring and reporting, 110(a)(2)(G) emergencyepisodes 1 10(a)(2)(H), plan revisions, 110(a)(2)(I), Part D nonattainmentarea plan requirements, 110(a)(2)(J), consultation with government officials and public notification ofany exceedance of the airquality standards and prevention ofsignificantdeterioration and visibilityprotection, 110(a)(2)(K), airquality modeling, 1 10(a)(2)(L), permitfees, and 110(a)(2)(M), consultation/participation by affected local officials. Arizon&s air quality programs are sufficientatthis time to assure attainmentand maintenance ofthe 2010 NO2 NAAQS in all areas ofthe State. Any deficiencies in Arizona’s airquality programs indicated bythe EPA in their “Partial Approval and Disapproval of Air Quality Implementation Plans; Arizona; Infrastructure Requirements for Ozone and Fine Particulate Matter” have either been remedied or are in the process ofbeing remedied byADEQ and/orthe County Programs. 77 FR 66398 (November5, 2012). ADEQ commits to developing the appropriate remedy for any deficiencies outlined by the EPA and will submit SIP revisions as appropriate within the required timeframe. Tables 4-1 through 4-10, provided below, show which statute or rule ADEQ is asking to be incorporated by reference, which sections ofthose statutes are relevant to which section ofthe CAA and the dates those statutes or rules were approved into the Arizona SIP. All Statutes and rules are also. listed in Section 5.0 under each respective section ofthe CAA to which they relate. Provisions applicable solely to Title V sources are not submitted for approval into the Arizona SIP, as they have already been approved into Arizona’s separate Title V Operating Permit Program.

~ Approval dates and Federal RegisterNotices are cited intables4-1 through4-10.

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1* Table 4-1 CAA11O(a)(2)(A) Control Measures and Emission Limits

~ ADEQ Programs Statute/Rule RelevantSections Date approved into theArizona SIP § 49-106 Statewide application ofrules

. 11/05/2.012 (77 FR 66398) § 49-107 Local delegation ofstate 11/05/2012 (77 FR 66398) authority § 49-402 State and county control 6/08/2000 (65 FR 36353). § 49-404 State implementation plan 6/08/2000 (65 FR 36353). § 49-406 Nonattainmentarea plan 6/08/2000 (65 FR 36353). § 49-421 Definitions 1 1/05/2012 (77 FR 66398) § 49-424 Duties ofdepartment 1 1/05/2012 (77 FR 66398) § 49-425 Rules; hearing 1 1/05/2012 (77 FR 66398)

~ County Programs § 49-471 Definitions 1 1/05/2012 (77 FR 66398) § 49-473 Board ofsupervisors 1 1/05/2012 (77 FR 66398) § 49-479 Rules; hearing V 1 1/05/2012 (77 FR 66398)
Table 4-2

, CAA11O(a)(2)(B) Ambient Air Quality Monitoring

ADEQ Programs Statute/Rule Relevant Sections Date approved into theArizona SIP § 49-404 State implementation plan 6/08/2000 (65 FR 36353) 

## § 49-406 Nonattainmentarea plan (F)(1 1) 6/08/2000 (65 FR 36353) 

## § 49-422 Powers and duties (A), (B), (C), (E), and 1 1/05/2012 (77 FR 66398) (F)

, 

## § 49-424 Dutics ofdepartment 1 1/05/2012 (77 FR 66398) County Programs V 

## § 49-476.01 Monitoring 1 1/05/2012 (77 FR 66398)

6 

# [1

LTable 4-3 

## CAA 11O(a)(2)(C) Enforcement of Control Measures

ADEQ Programs Statute/Rule Relevant Sections Date approved into theArizona SIP § 49-103 Department employees; legal 11/05/2012 (77 FR 66398) counsel § 49-106 Statewide application ofrules 1 1/05/2012 (77 FR 66398) § 49-107 Local delegation ofstate 1 1/05/2012 (77 FR 66398) authority § 49-402 State and county control All sections but 6/08/2000 (65 FR 36353) (A)(8) § 49-404 State implementation plan 6/08/2000 (65 FR 36353) § 49-406 Nonattainment area plan (G)(1), (G)(2), and 6/08/2000 (65 FR 36353)

, (G)(3) § 49-422 Powers and duties 1 1/05/2012 (77 FR 66398) § 49-424 Duties ofdepartment 1 1/05/2012 (77 FR 66398) § 49-425 Rules; hearing 1 1/05/2012 (77 FR 66398) § 49-433 Special inspection warrant 1 1/05/2012 (77 FR 66398) § 49-435 Hearings on orders of 1 1/05/2012 (77 FR 66398) abatement § 49-441 Suspension and revocation of 1 1/05/2012 (77 FR 66398) conditional order § 49-460 Violations; production of 11/05/2012 (77 FR 66398) records § 49-461 Violations; order ofabatement 1 1/05/20 12 (77 FR 66398) § 49-462 Violations; injunctive relief 1 1/05/20 12 (77 FR 66398) § 49-463 Violations; civil penalties 1 1/05/2012 (77 FR 66398) County Programs § 49-473 Board ofsupervisors 1 1/05/20 12 (77 FR 66398) § 49-488 Special inspection warrant 11/05/2012 (77 FR 66398) § 49-490 Hearings on orders of 1 1/05/20 12 (77 FR 66398) abatement § 49-495 Suspension and revocation of 1 1/05/2012 (77 FR 66398) conditional order § 49-502 Violation; classification (A), (B), and (C) 11/05/2012 (77 FR 66398) 49-5 10 Violations; production of 11/05/2012 (77 FR 66398). records § 49-511 Violations; order ofabatement 11/05/2012 (77 FR 66398) 

## § 49-5 12 Violations; injunctive relief 1 1/05/20 12 (77 FR 66398) 

## § 49-5 13 Violations; civil penalties 11/05/2012 (77 FR 66398)

7Table 4-4

CAA 11O(a)(2)(E) Adequate Resources ADEO Programs

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[ Statute/Rule Relevant Sections Date approved into theArizona SIP § 28-1253. Registration requirement; 1 1/05/2012 (77 FR 66398) exceptions; assessment; violation; classification § 35-3 13. Investmentoftrustand 11/05/2012 (77 FR 66398) treasury monies; loans and securities § 49-103 Departmentemployees; legal 1 1/05/2012 (77 FR 66398) counsel § 49-402 State and county control 1 1/05/2012 (77 FR 66398) § 49-406 Nonattainment area plan 1 1/05/2012 (77 FR 66398) § 49-455 Permitadministration fund (A) and (B)(2) 1 1/05/2012 (77 FR 66398) § 49-543. Emissions inspectioncosts; (A) 1 1/05/2012 (77 FR 66398) disposition; fleet inspection; certificates § 49-544 Emissions inspection fund; 1/22/2003 (68 FR2912) composition; authorized expenditures; exemptions; investment § 49-551 Airqualityfee; airquality 1/22/2003 (68 FR2912) fund; purpose County Programs § 49-471 Definitions 1 1/05/2012 (77 FR 66398) § 49-478. Hearing board 1 1/05/2012 (77 FR 66398) § 49-479 Rules; hearing 1 1/05/2012 (77 FR 66398) § 49-480.02 Appeals ofpermit actions 1 1/05/2012 (77 FR 66398) § 49-482. Appealsto hearing board 1 1/05/2012 (77 FR 66398)

- -~ ADEQ and County Programs § 38-101 Definitions 11/05/2012 (77 FR66398) § 38-501 Application ofarticle 1 1/05/2012 (77 FR 66398) § 38-502 Definitions 1 1/05/2012 (77 FR 66398) § 38-503 Conflict ofinterest; 11/05/2012 (77 FR 66398) exemptions; employment prohibition 

## § 38-504 Prohibited acts 1 1/05/2012 (77 FR 66398) 

## § 38-505 Additional income prohibited 1 1/05/2012 (77 FR 66398) forservices 

## § 38-506 Remedies 1 1/05/2012 (77 FR 66398) 

## § 38-507 Opinions ofthe attorney 1 1/05/2012 (77 FR 66398) general, countyattorneys, city ortown attorneys and house and senate ethics committee 

## § 38-508 Authorityofpublic officers 1 1/05/2012 (77 FR 66398) and employees to act

~ 

## § 38-509 Filing ofdisclosures 11/05/2012 (77 FR 66398)

8

## CAA 11O(a)(2)(E) Adequate Resources § 38-510 Penalties 11/05/2012 (77 FR 66398) § 38-511 Cancellation ofpolitical 11/05/2012 (77 FR 66398) subdivision and state contracts; definition


# ~—— § 49-107 Local delegation ofstate. 1 1/05/2012 (77 FR 66398) authority 

## § 49-402 State and countycontrol (A)(1) through 6/08/2000 (65 FR36353) (A)(7), (B), (C), 

## § 49-404 State implementation plan 6/08/2000 

### (65 FR36353) 

## § 49-406 Nonattainment area plan (C), (D), (E), (I), (J), 6/08/2000 (65 FR 36353) (K)

. 

## Table 

## 4-5

CAA 11O(a)(2)(F)

Emission Monitoring and Reporting

~ ADEQ Programs Statute/Rule Relevant Sections Date approved into theArizona SIP 

## § 49-422 Powers and duties 1 1/05/2012 (77 FR 66398) R18-2-313. Existing Source Emission 11/05/2012 (77 FR 66398) Monitoring R18-2-327. Annual Emission Inventory 1 1/05/2012 (77 FR 66398) Questionnaire County Programs 

## § 49-476.01 Monitoring 1 1/05/2012 (77 FR 66398) Maricopa County Rules Rule 100. General Provisions and Section 500 1 1/05/2012 (77 FR 66398) Definitions Monitoring and Records

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I I Table 4-10 CAA11O(a)(2)(M) Consultation/Participation byAffected Local Entities ADEQ Programs Statute/Rule Relevant Sections Date approved into the Arizona SIP 

## § 49-104 Powers and duties ofthe (A)(2), (A)(4), 11/05/2012 (77 FR 66398) department and director (B)(3) and (B)(5) 

## § 49-405 Attainmentarea designations (B)(2)(6) 1 1/05/2012 (77 FR 66398) 

## § 49-406 Nonattainment area plan (C), (D), (E), (F) 6/08/2000 (65 FR 36353) 

## § 49-424 Duties ofdepartment (8), (10) 1 1/05/2012 (77 FR 66398) 

## § 49-425 Rules; hearing (B), (D) 1 1/05/2012 (77 FR 66398)
• County Programs 

## § 49-473 Board ofsupervisors 1 1/05/2012 (77 FR 66398)

.~ 

## § 49-474 County control boards 1 1/05/2012 (77 FR 66398) 

## • § 49-479 Rules; hearing 1 1/05/2012 (77 FR 66398)

125.0 ANALYSIS OF CLEAN AIR ACT SECTION 11O(a)(2) AIR QUALITY CONTROL

PROGRAM ELEMENTS FORARIZONA Arizona Revised Statutes (ARS), Title 49, “Environment,” divides responsibility and encourages cooperation for meeting the reqUirements ofthe CAA among the State, county agencies, and regional planning organizations. Currently the State and three county agencies operate air quality control programs under direct or delegated authority. These air pollution control agencies are: Arizona Department of Environmental Quality (ADEQ), Maricopa County Air Quality Department (MCAQD), Pima County Department of Environmental Quality (PDEQ), and the Pinal County Air Quality Control District (PCAQCD). The Arizona Department of Environmental Quality has primary responsibility for air pollution control and abatement, and as such, is required to “maintain a state implementation plan that provides for implementation, maintenance and enforcement ofNational AmbientAir 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 ofcontrol measures and permits where no local air quality control agency exists. In addition, ADEQ has originaljurisdiction in all areas ofthe State for certain stationary and portable, and all mobile sources, including petroleum refineries, coal fired electrical generating stations, and the motor vehicle emissions inspection program (ARS §49-402). Except for the sources noted above, the county agencies have original jurisdiction for the issuance, administration, and enforcement ofpermits (ARS §49-402). The State may, however, assertjurisdiction 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 abatementofair pollution (ARS Title 49, Chapter3, 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 respectivejurisdictions (ARS §49-406). MAG and PAG submittheir plans toADEQ foradoption and inclusion in the state implementation plan pursuantto ARS §49-406 (H). The following sections summarize the requirements of CAA Sections 110(a)(2)(A) through (M) and present information that demonstrates Arizona’s State and local air pollution control programs and meet these basic elements and are adequate to ensure attainmentand maintenance ofthe 2010 NO2 NAAQS.

‘35.1 CAA Section 11O(a)(2)(A)

—Control Measures and Emission Limits 

# [

Section 1 10(a)(2)(A) requires SIPs to include enforceable emission limitations and other control measures, means, or techniques, as well as schedules for compliance necessary to meet applicable requirements ofthe CAA. The timing of submittals for specific nonattainment area control measures and plans is subject to the requirements of CAA, Title 1, Part D, ‘Plan Requirements for Nonattainment Areas;” therefore, the demonstration ofcompliance with CAA Section 11 0(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 2010 NO2 airquality standards in all areas ofArizona.
Relevant sections ofArizona Revised Statutes: ForADEQ 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 ofdepartment 49-425. Rules; hearing ForCounty Programs: 

# [ 49-471. Definitions 49-473. Board ofsupervisors 49-479. Rules; hearing 

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5.2 CAA Section 11O(a)(2)(B)

—AmbientAir Quality Monitoring Section 11 0(a)(2)(B) requires SIPs to include provisions for establishment and operation ofambient 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 ofthe 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 NO2, are measured with instruments meeting EPA certification as Federal Reference or Equivalent Methods. All data collected within the NO2 compliance network is compared to the NAAQS, statistically analyzed for 

# [ trends, and recorded quarterly in EPA’s Air Quality System. In the February 9, 2010 Federal Register Notice, EPA established “requirements for an NO2 monitoring network that will include monitors at locations where maximum NO2 concentrations are expected to occur, including within 50 meters ofmajor roadways, as well as monitors sited to measure the area-wide NO2 concentrations that occur more broadly across communities.” 75 FR 6474. Maricopa and Pima Counties are working, in consultation with the EPA, to install the necessary monitoring system. Per Code of Federal Regulations (CFR), Title 40, Part 58 the State and county agencies (ADEQ,

14MCAQD, PDEQ, and PCAQCD) annually submit to EPA network monitoring plans. These plans

identify the purpose ofeach monitor and provide evidence that both the siting and the operation ofeach monitormeetsthe network design, qualityassurance, and otherfederal requirements of40 CFR Part 58.
Relevantsections ofArizona Revised Statutes: ForADEQ Programs: 49-404. State implementation plan 49-406(F)(l 1). Nonattainment areaplan 49-422(A), (B), (C), (E), (F). Powers and duties; definition 49-424. Duties ofdepartment For County Programs: 49-476.01. Monitoring

5.3 CAA Section 11O(a)(2)(C)

— Enforcement ofControl Measures Section 110 (a)(2)(C) requires states to include a program providing for enforcement ofall SiP measures andthe regulation ofconstruction ofnew ormodified 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 NO2 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 specify, in a resolution adopted bythe governing body ofthe agency, its authorityfor implementing the measure and a program forenforcement ofthe limitation or measure. Ifany agency or entity fails to implement a committed measure, the county is authorized to file an action in superiorcourt for injunction orany other reliefprovided by law. Similarly, ifthe county fails to ensure implementation ofmeasures, the ADEQ Director is authorized, through the State Attorney General, to seek reliefprovided by lawto ensure implementation ofall measures. Arizona Revised Statutes Title 49, Chapter 3, Articles 1, 2, and 3 establish ADEQ and local agency authority for preconstruction review and permitting. Under the air permits program, sources that emit regulated pollutants are required to obtain a permit before constructing, changing, replacing, or operating any equipment or process which may cause air pollution. This includes equipment designed to reduce air pollution. Permits are also required ifan existing facility that causes air pollution transfers ownership, relocates, orotherwise changes operations. ADEQ and county permitting agencies operate air quality permit compliance programs to ensure implementation of emission limits and other control measures for permitted sources. These programs include scheduled and unscheduled inspections conducted at major sources annually as well as compliance assistance initiatives. Permit and SIP enforcement authority is also provided in ARS §~49- 460 through 463, and 49-510 through 513, under which the State or county may issue orders of abatement, and, through the Attorney General or County Attorney, seek injunctive relief for any violations ofthe air qualityprovisions ofthe law.

15Per the authority noted above, all new sources and modifications to existing sources in Arizona are

subject to state requirements for preconstruction review and permitting pursuant to Arizona Administrative Code (AAC), Title 18, Chapter2, Articles 2 and 4 or relevant county rules. All new major sources and, major modifications to existing major sources in Arizona are also subject to the nonattainment New Source Review (NSR) provisions of these rules or Prevention of Significant Deterioration (PSD) forattainment areas. On November 5, 2012, the EPA issued the final rulemaking, “Partial Approval and Disapproval ofAir Quality Implementation Plans; Arizona; Infrastructure Requirements for Ozone and Fine Particulate Matter.” (77 FR 66398). In that action, the EPA partially disapproved Arizona’s Infrastructure SIP Submittals, stating that they do not fully satisfy the following CAA section 110(a) requirements with respectto those areas underADEQ and Pinal Countyjurisdiction, the PSD program requirements ofCAA sections 1 10(a)(2)(C), 1 l0(a)(2)(D)(i)(II), 1 10(a)(2)(D)(ii), 1 l0(a)(2)(J), and 1 10(a)(2)(K). ADEQ has submitted a revision to the New Source Review SIP on October29, 2012. ADEQ expects that the New Source Review SIP revision will bring the State ofArizona’s SIP for areas underthejurisdiction ofADEQ into compliance with the NSRIPSD requirements ofsection 1 10(a)(2)(C) and 40 C.F.R. Part 51, Subpart I, with the exception ofthe requirements pertaining to greenhouse gases (GHGs). ADEQ is currently administering the NSR requirements for GHGs under a delegation agreement with EPA. The State intends to continue to address NSR for GHGs in this manner until the uncertainty created by litigation relating to those requirements has been resolved. EPA has already promulgated a Federal Implementation Plan (FTP) forthe GHG NSR and has delegated ADEQ authorityto administerthat FTP. 

# [
ADEQ is working with Pinal County to remedy the NSRIPSD issues outlined by the EPA in their November 5, 2012 action for sectionsi 10(a)(2)(C), I l0(a)(2)(D)(i)(II), I lO(a)(2)(D)(ii), I 10(a)(2)(J), and 

# [ 110(a)(2)(K). ADEQ commits to developing the appropriate remedyfor any deficiencies outlined bythe EPAand will submit SiP revisions as appropriate within the requiredtimeframe. Relevantsections ofArizona Revised Statutes: ‘ForADEQ Programs: 49-103. Departmentemployees; legal counsel 49-106. Statewide application ofrules 49-107. Local delegation ofstate authority 49-402. State and county control (All sections, but (A)(8)) 49-404. State implementation plan 49-406(G)(1) through (G)(3). Nonattainmentareaplan 49-422. Powers and duties; definition 49-424. Duties ofdepartment 49-425. Rules; hearing 49-433. Special inspection warrant 

# [ 49-435. Hearings on orders ofabatement 49-441. Suspension and revocation ofconditional order 49-460. Violations; production ofrecords 49-461. Violations; orderofabatement 49-462. Violations; injunctive relief 49-463. Violations; civil penalties

‘

. 

# [

For County Programs: 49-473. Board ofsupervisors

1649-488. Special inspectionwarrant

49-490. Hearings on orders ofabatement 49-495. Suspension and revocation ofconditional order 49-502(A), (B), (C). Violation; classification 49-510. Violations; production ofrecords 49-511. Violations; orderofabatement 49-512. Violations; injunctive relief 49-513. Violations; civil penalties

5.4 CAA Section 11O(a)(2)(D)

— Interstate Transport Section 110 (a)(2)(D)(i) requires adequate provisions to ensure that any source orother emissions activity within the state does not contribute significantly to nonattainment, or interfere with maintenance, ofthe NAAQS in any other state, or interfere with any other state’s required applicable implementation plan to prevent significant deterioration ofairquality orto protectvisibility. As stated in the Section 3.0, the State of Arizona has been designated as “unclassifiable! attainment,” based on the EPA’s assertion that “available information did not indicate that the air quality in [the area exceededj the 2010 NO2 NAAQS. On February 9, 2010, the EPA established “requirements foran NO2 monitoring networkthat will include monitors at locations where maximum NO2 concentrations are expected to occur, including within 50 meters of major roadways, as well as monitors sited to measure the area-wide NO2 concentrations that occur more broadly across communities.” 75 FR 6474. NO2 monitoring throughoutthe State is limited to the Phoenix and Tucson areas (Maricopa and Pima Counties, respectively), and these monitors are primarily run by their respective local agencies. Maricopa and Pima Counties are working, in consultation with the EPA, to install the new required monitoring system. Singe the State ofArizona is considered unclãssifiable!attainment at this time, and the monitoring system is not yet fully installed, three full years of near-roadway NO2 data are not available to do a full .analysis of interstate transport impacts. On November 5, 2012, the EPA issued the final rulemaking, “Partial Approval and Disapproval ofAir Quality Implementation Plans; Arizona; Infrastructure Requirements for Ozone and Fine Particulate Matter.” (77 FR 66398). In that action, the EPA partially disapproved Arizona’s Infrastructure SIP Submittals, stating that they do not fully satisfy 11 0(a)(2)(D)(i)(II), 11 0(a)(2)(D)(ii) regarding regulation ofnitrogen oxides (NOw) as an ozone precursor and interstate pollution abatement. Since that submittal was turned in, as stated in section 5.3, ADEQ submitted a revision to the New Source Review SIP on October29, 2012. ADEQ expects that the NSR!PSD SIP revision will bring the State ofArizona’s SIP for areas under the jurisdiction ofADEQ into compliance with the NSRIPSD requirements of section 1 10(a)(2)(C), 1 10(a)(2)(D)(i)(II), 1 10(a)(2)(D)(ii), and 40 C.F.R. Part 51, Subpart I. Arizona’s visibility protection program is designed to analyze the causes ofvisibility impairment and to develop and implement control strategies as required. Requirements include analysis ofemissions from new major sources or sources making major modifications and anticipated impacts on visibility at any Class I area. Arizona submitted a Regional Haze SIP under 40 CFR 51.309 in December 2003, and a 2004 revision for its four Class I areas on the Colorado Plateau. ADEQ submitted a SIP developed under 40 CFR 51.308 on February28, 2011. The EPA reached final action on Arizona’s Regional Haze SIP on December 5, 2012. 77 FR 72512. In that action, EPA approved the State’s determination that the three sources are subject to BART, and the State’s emissions limits for sulfur dioxide (SO2) and particulate matter less than or equal to 10 micrometers (PM10) at all the units, but disapproved Arizona’s BART

17emissions limits for nitrogen oxides (NO~) at the coal-fired units of the three power plants. Id. EPA

promulgated a FIP that contains new emissions limits for NO~ at these coal-fired units and compliance schedules for implementation ofBART as well as requirements for equipment maintenance, monitoring, recordkeeping and reporting forall units and all pollutants atthethree sources. Id.

5.5 CAA Section 11O(a)(2)(E)

—Adequate Resources Generally, Section 110 (a)(2)(E) requires that each SIP shall provide: (i) necessary assurances that adequate personnel, funding, and legal authority are available to carry out the SIP; (ii) that any board which approves pennits or enforcement orders represents the public interest and any conflict of interest by board members or an executive agency head be adequately disclosed; and (iii) necessary assurances that where the State has relied on a local or regional government agency, or instrumentality for implementation ofany plan provision the state has responsibility for ensuring adequate implementation of such plan provision. CAA Section 11 0(a)(2)(E)(i) The purpose of Section 110(a)(2)(E) ofthe SIP is to provide the necessary assurances that the State of Arizona, Pinal County, Maricopa County, and Pima County have adequate personnel and funding under State law to carry out the SIP as required under the relevant portions of section 11 0(a)(2)(E)(i) ofthe Federal Clean AirAct (CAA), as amended in 1990, and the applicable SIP regulations in 40 CFR part 51 (“Requirements for Preparation, Adoption, and Submittal ofImplementation Plans”). CAA section 1 l0(a)(2)(E)(i) requires SIPsto provide: necessary assurances that the State (or, except where the Administrator deems inappropriate, the general purpose iota! government or governments, or a regional agency designated by the State or general purpose local governments for such purpose) will have adequate personnel, funding, under State (and, as appropriate, local) lawto carry out such implementation plan

... The federal regulations in title 40, part 51, subpart 0 ofthe Code ofFederal Regulations (40 CFR part 51, subpart 0, “Miscellaneous Plan Content Requirements”) include requirements for SIPs pertainingto funding and personnel. Specifically, 40 CFR 51.280 (“Resources”) requires: Each plan must include a description ofthe resources available to the State and local agencies at 

# [ the date ofsubmission ofthe plan and of any additional resources needed to carry out the plan duringthe 5-year period following its submission. The description must include projections ofthe extentto which resources will be acquired at 1, 3, and 5-year intervals. 

# [

In the State ofArizona, ADEQ is the primaryorganization responsible fordeveloping, implementing, and enforcingthe SIP. 

# [

Under ARS 

## § 49-103 “Department employees; legal counsel” the director, “shall employ, determine the conditions ofemployment and specif3i the duties ofadministrative, secretarial and clerical employees as he deems necessary.” Under 

## § 49-103(B)

“ The attorney general shall be the legal advisor of the department and shall give legal services as the department requires..

.The attorney general shall prosecute and defend in the name ofthis state all actions necessaryto carry out the provisions” ofTitle 49, relating to the environment. Funding to staffto administer the Arizona air quality control programs consists offees that are collected

18from regulated emissions sources, including fees collectedto administer permitting programs. UnderARS



## § 49-455 “Permit administration fund,” a permit administration fund is established consisting offees and interest collected pursuantto article 2 governing state air pollution control. Underthe statute, the director shall administerthe fund subjectto annual legislative appropriation. On notice from the director, the state treasurershall invest and divest monies in the fund as provided in ARS 

## § 35-313, and monies earned from investment shall be creditedtothe fund. ,There is also an emissions inspection fund (see ARS 

## § 49-544) that consists ofmonies appropriatedto the fund by the legislature; monies collected pursuant to ARS 

## § 49-543(A) concerning vehicle emissions inspections; monies collected bythe directorforthe issuance ofinspection certificates to owners offleet emissions inspection stations; monies received from private grants or donations when so designated by the grantor or donor; and monies received from the United States by grant or otherwise to assistthe state in anyemissions inspection program. A third source offunding in Arizona is the Air Quality Fund. Under ARS 

## § 49-551 “Air quality fee; air quality fund; purpose” every person who is required to register a motor vehicle in the state pursuant to ARS 

## § 28-2153 shall pay, in addition to the registration fee, an annual air qualityfee atthetime ofvehicle registration. Interestearned on monies in the fund shall be credited to the fund. Monies in the air quality fund shall be used, subject to legislative appropriation, for air quality research and programs for the purpose ofbringing areaA or area B into or maintaining attainment status, improving air quality in areas outside area A and B, and reducing emissions ofvarious pollutants including particulate matter, carbon monoxide, oxides of nitrogen, volatile organic compounds and hazardous air pollutants throughout the state. The funds are also used to monitor visible air pollution and reduce emissions of pollutants that contribute to visible air pollution in counties with a population offour hundredthousand persons or more. See §49-551(C)(1). A final source of funding for ADEQ’s air programs is CAA section 105 (“Grants for support of air pollution planning and control programs”) underwhich EPA is authorized to make grants to air pollution control agencies to defray a portion of the costs associated with implementation of programs for the prevention and control ofair pollution and achievement ofthe national ambient air quality standards. To qualifyforsuch grants in a given year, air pollution control agencies mustat least maintain the same level offunding from non-Federal funds forair pollution control programs as forthe preceding year. See CAA section 105(c). For Maricopa, Pima, and Pinal Counties, ARS 

## § 49-107 “Local delegation ofstate authority” the director “may delegate to a local environmental agency, county health department, public health services district or municipality any functions, powers or duties which the director believes can be competently, efficiently and properly performed by the local agency ifthe local agency accepts the delegation and agrees to perform the delegated functions, powers and duties according to the standards ofperformance required by law and prescribed by the director.” Under

## § 49-107(B), “Monies appropriated or otherwise made available to the department for distribution to local agencies may be allocated or reallocated in a manner designed to assure that the recognized local activities and the delegated functions, powers and duties are accomplished according to the applicable standards of performance.” These delegation and funding mechanisms help ensurethatthe counties will have adequate personnel and funding to implement the delegated portions ofthe SIP. The scope ofcounty SIP authority is as follows: under ARS 

## § 49-112 “County regulation; standards”, a county may adopt rules that are as stringent as state rules and may administer permits provided that the cost ofobtaining permits will be approximately equal or be less than the fee or cost ofobtaining similar permits or approvals under title 49 or any rule adopted pursuant to title 49, which relates to the environment. The county no-drive days and travel reduction programs are funded by contractual

19agreements with ADEQ. Other county air quality programs are funded by countyfee programs and other

sources. In Arizona, the Metropolitan Planning Organizations (MPOs) certified to do planning (Maricopa and Pima) do so for ozone, carbon monoxide, or particulate nonattainment or maintenance areas. See 

## § 49-406(C). The MPOs receive funding as directed in ARS 

## § 49-406(A). ADEQ is responsible for all Sulfur Dioxide (SO2) plans and Lead (Pb) plans even in Maricopa and Pima counties and forplans forthe rest ofthe State. UnderARS 

## § 49-402(B). Maricopa CountyAirQuality Cont~rol District (MCAQCD) and the Pima Department of Environmental Quality (PDEQ) each have a “control officer” whose powers to permit and enforce are set forth under the statute. ADEQ’s contractor operates the Vehicle Emissions Inspection (VEI) program in both AreaA and in Area B. ADEQ, MCAQCD, and PDEQ have been administering, implementing, and enforcing air programs designedto meetthe CAA’s SIP requirements forover40 years., and the funding and personnel described above for each ofthe three agencies is adequate to meet the needs ofthese programs. Overthe next five years, current funding and personnel levels are expected to remain stable via the funding mechanisms described above and to be sufficient to meet the resource needs ofthe agencies for air pollution control purposes overthat period.
Relevantsections ofArizona Revised Statutes: For State Programs: 28-2153. Registration requirement; exceptions; assessment; violation; classification 35-3 13. Investment oftrustandtreasury monies; loan ofsecurities 49-103. Department employees; legal counsel 49-402. State and countycontrol 49-406. Nonattainmentarea plan 

# [ 49-455(A) and (B)(2). Permit administration fund 49-462. Violations; injunctive relief V 49-463. Violations; civil penalties V 

### 49-465. Air pollution emergency V 49-543(A). Emissions inspection costs; disposition; fleet inspection; certificates 49-544. Emissions inspection fund; composition; authorized expenditures; exemptions;. investment 49-551. Airqualityfee; airqualityfund; purpose ForCounty Programs: 49-479. Rules; hearing 49-478. Hearing board 49-480.02. Appeals ofpermit actions V 49-482. Appealsto hearing board 

# [

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

# [

The purpose of 110 (a)(2)(E)(ii) isto provide necessaryassurances thatany boardwhich approves permits or enforcement orders represents the public interest and any conflict ofinterest by board members or an executive agency head be adequately disclosed. Permit approval and enforcement orders are provided by the ADEQ Director and county control officers. Arizona law, which is applicable to “all public officers and employees ofincorporated cities ortowns, of political subdivisions and of the state and any of its departments, commissions, agencies, bodies or boards,” contains provisions for adequate disclosure ofany conflict of interest. In the August 24, 2012

20 V 

# [Supplementto the 2006 PM2.5 NAAQS and the 1997 8-hourozone and PM25 NAAQS Infrastructure SIP,

ADEQ submitted certified copies ofARS Title 38, Chapter 3, Article 8, Conflict of Interest ofOfficers and Employees, in order to meet the conflict of interest requirements under Section 11 0(a)(2)(E)(ii). ADEQ hereby incorporates those provisions into this SIP revision. On November 5, 2012, the EPA issued the final rulemaking, “Partial Approval and Disapproval ofAir Quality Implementation Plans; Arizona; Infrastructure Requirements for Ozone and Fine Particulate Matter.” (77 FR 66398). This action outlined deficiencies within Maricopa, Pinal, and Pima county programs forthis element. Atthis time, ADEQ is working with the EPA and all three counties to remedy the issue. ADEQ commits to developing the appropriate remedyforany deficiencies outlined bythe EPA and will submit SIP revisions as appropriate within the required timeframe.
Relevantsections ofArizona Revised Statutes:’ For State and County Programs: 38-101 Definitions Title 38, Chapter3, Article 8, Conflict ofInterest ofOfficers and Employees
CAA Section 11 0(a)(2)(E)(iii) The purpose of 110 (a)(2)(E)(iii) is to provide necessary assurances that where the State has relied on a local or regional government agency, or instrumentality for implementation of any plan provision the state has responsibility for ensuring adequate implementation of such plan provision. Arizona Revised Statutes grant ADEQ primary regulatory authority for air pollution control and abatement in Arizona as well as responsibilityfor ensuring adequate implementation ofSIP provisions.
Relevantsections ofArizona Revised Statutes: 49-107. Local delegation ofstate authority 49-402(A)(1) through (A)(7), (B), and (C). State and county control 49-404. State implementation plan 49-406(C), (D), (E), (I), (J), (K). Nonattainment area plan

5.6 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 ofemissions as,well as correlation ofsuch reports bythe state agencywith any emission limitations orstandards. Arizona Revised Statutes provide authorityto require any sources ofair contaminants to monitor, sample or perform other studies to quantify emissions ofair contaminants or levels ofair pollution that may be reasonablyattributableto that source. On November 5, 2012, the EPA issued the final rulemaking, “Partial Approval and Disapproval ofAir Quality Implementation Plans; Arizona; Infrastructure Requirements for Ozone and Fine Particulate Matter.” (77 FR 66398). This action outlined a deficiency within the Pima county program for this element. At this time, ADEQ is working with the EPA and Pima County to remedy the issue. ADEQ

21commits to developing the appropriate remedy for any deficiencies outlined by the EPA and will submit

S113 revisions as appropriatewithin the requiredtimeframe. Relevantsections ofArizona Revised Statutes: ForADEQ Programs: Statutes: 49-422. Powers and duties; definition Rules: R18-2-313. Existing Source Emission Monitoring Ri8-2-327. Annual Emission InventoryQuestionnaire ForCounty Programs: Statutes: 49-476.01. Monitoring 

# [
Maricopa County Rules: Rule 100. General Provisions and Definitions, section 500 Monitoring and 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 and substantial endangerment to public health, including contingency plans to implement the emergency episode provisions in theirSIPs. 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. The Governor “may, by proclamation, declare that an emergency exists and may prohibit, restrict, or condition” any and all activity that contributes to the emergency. Arizona Administrative Code R18-2-220, “Air Pollution Emergency Episodes” (approved into the SIP as AAC R9-3-219 at 47 FR 42572; September 28, 1982), prescribes the procedures the ADEQ Director shall implement in order to prevent the occurrence of ambient air pollution concentrations which would cause significant harm to public health. Procedures include governmental and public notification of the nature of the episode and, at the directive of the Governor’s office, possible curtailment ofindustrial and commercial activities. Similar provisions for determining air pollution emergency episodes, advisory procedures, and control actions are contained in Maricopa, Pima, and Pinal County code (Maricopa CountyAir Pollution Control Regulations, Regulation VI

- Emergency Episodes, Rule 600k, Emergency Episodes; Pima County Municipal Code, Title 17. Air Quality Control, Chapter 17.32, Emergency Episodes and Public Awareness, Article I. Emergency Episodes; Pinal County Air Quality Control District Code of Regulations, Chapter2. AmbientAirQuality Standards, Article 7. Air Pollution Emergency Episodes5). On October 15, 2012, the EPA approved into the Arizona SIP, the Arizona Emergency Episode Plan, which EPAfound is substantively identical to the CAA section 1 10(a)(2)(G). 77 FR 62452 at 62453. The rulemaking includes the rule currently approved into Arizona’s SIP (R9—3—219, “Air pollution emergency episodes”), which EPA approved in 1982 (47 FR 42572, September28, 1982), and revisions submitted on

~ Maricopa County Rule 600 was adopted 7/13/1988 and approvedbyEPA intothe SIP 3/18/1999. in 64 FR 13351. 5Pinal County Rules wereadopted 6/29/1993 andapproved byEPA intothe SIP on 12/20/2000 in 65 FR 79742. 

# [

22August 15, 1994. These revisions include:l) Rule R18—2—220, “Air pollution emergency episodes”,

amended effective September 26, 1990, 2) a letter from Eric C. Massey, Director, Air Quality, Arizona, and ADEQ, to Jared Blumenfeld, Regional Administrator, US EPA, dated August 30, 2012, certifying that the attached copy of a document titled “Procedures for Prevention of Emergency Episodes: 1988 Edition” is a true and correct copy ofthe original and is an official publication ofADEQ, and 2) the document titled, “Procedures for Prevention of Emergency Episodes,” 1988 edition, ADEQ. 77 FR at 62454.
Relevant sections ofArizona Revised Statutes: ForADEQ Programs: Statutes: 49-462. Violations; injunctive relief 49-465. Airpollution emergency Rules: R9-3-215. AmbientAirQuality Monitoring Methods & Procedures R9-3-219. Airpollution emergency episodes R18-2-220Airpollution emergencyepisodes AirQuality Monitoring Procedures Manual (submittedto supplement already approved rule R9-3-2 15). For County Programs: 49-512. Violations; injunctive relief

5.8 CAA Section 11O(a)(2)(11)

—Plan Revisions Section 11 0(a)(2)(H) requires states to have authority to revise their SIPs in response to changes in the NAAQS oravailability ofimproved methods for attaining the NAAQS. This Section also requires states to provide for plan revisions to ensure the adequacy ofthe plan to attain the air quality standards or to otherwise complywith any additional requirements established underthe Clean AirAct. Arizona Revised Statutes contain authority to revise the Arizona SIP to comply with the requirements of the CAA including changes in the NAAQS. UnderARS §49-404, ADEQ is required to “maintain a state implementation plan that provides for implementation, maintenance and enforcement ofnational ambient airqualitystandards and protection ofvisibility as required bythe clean airact.”
Relevant sections ofArizona Revised Statutes: 49-404. State implementation plan 49-406. Nonattainmentarea plan

5.9 CAA Section 11O(a)(2)(I)

— CAATitle 1, Part D NonattainmentArea Requirements Section Ii0(a)(2)(I) requires nonattainment area plans to meet the applicable requirements ofCAA Title 1, Part D relatingto nonattainmentareas. EPA’s October2, 2007 guidance notes that “the specific nonattainment area plan requirements ofsection

23110(a)(2)(I) are subject to the timing requirement of section 172, not the timing requirement of section

1 10(a)(1), and also that SIPs to meet this section are not covered by the Consent Decree.” ADEQ recognizes that the guidance was written for the 1997 PM25 and 8-hour ozone NAAQS, however, since new guidance has not been provided, ADEQ maintains that the requirements for the 2010 NO2 NAAQS under Section 110(a)(2)(I) arethe same.
5.10 CAA Section 11O(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) notif~’ the public ifNAAQS 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 ofairquality andvisibility protection. V Arizona agencies maintain appropriate consultation procedures with local governments, CAA Section 174 V 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 ofaffected local governments, countyagencies, andthe Department ofTransportation 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 solicittestimony from the public as well as federal and local airquality planning agencies priorto adoption ofany revision to the Arizona SIP.
Relevant sections ofArizona Revised Statutes: ForADEQ Programs: 49-1 04(A)(2), (A)(4), (B)(3) and (B)(5). Powers and duties ofthe department and director 

### 49-405. Attainment areadesignations 49-406. Nonattainmentarea plan 49-424. Duties ofdepartment 49-425. Rules; hearing ForCounty Programs: V 49-473. Board ofsupervisors V 49-474. Countycontrol boards 49-479. Rules; hearing V
CAA Section 127 requires measures to notif~’ the public of instances or areas in which any air quality standard is exceeded during the preceding calendaryear, to advise the public ofhealth hazards associated with air pollution, and to enhance public awareness ofmeasures that can be taken to improve air quality. 

# [ The results ofair quality monitoring conducted throughoutArizona, including NO2 data, are published in ADEQ’s Air QualityAnnual Reports. Air qualityforecasts, which include actual ambient air quality data for the preceding day, are made available to the public daily. The annual reports, daily forecasts, and otherairquality information including tips for reducing pollution are available on theADEQ Web site. ADEQ, and those counties with authority to implement portions ofthe SIP (Maricopa, Pinal, and Pima

24counties), certify to do now and will continue to notifythe public on a regular basis ofinstances or areas

in which any primary NAAQS was exceeded, consistent with the requirements of sections 11 0(a)(2)(J) and 127 ofthe Federal Clean AirAct. Such notifications are and will be available on the state and county air qualitywebsites, which are updated dailyto identify exceedances ofthe NAAQS that occurred during the preyious day or any portion ofthe preceding calendar year. We commit to continue, through these websites, to advise the public ofthe health hazards associated with such exceedances and to increase public awareness of: (1) measures which can be taken to prevent a primarystandard from being exceeded, and (2) ways in which the public can participate in regulatoryand other efforts to improve air quality. Relevant sections ofArizona Revised Statutes: 49-424. Duties ofdepartment
Clean AirAct, Title 1, Part C includes provisions relating to prevention ofsignificant deterioration ofair quality and visibility protection. On November 5, 2012, the EPA issued the final rulemaking, “Partial Approval and Disapproval ofAirQuality Implementation Plans; Arizona; Infrastructure Requirements for Ozone and Fine Particulate Matter.” (77 FR 66398). In that action, the EPA partially disapproved Arizona’s Infrastructure SIP Submittals, stating that they do not fully satisfy the following CAA section 110(a) requirements with respect to those areas under ADEQ and Pinal Countyjurisdiction, the PSD program requirements of CAA sections 11 0(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), 110(a)(2)(J), and 110(a)(2)(K) regarding regulation ofnitrogen oxides (NO~) as an ozone precursor, regulation offine particulate matter (PM25), interstate pollution abatement, and air quality models and modeling data. As stated above in. Section 5.3 and 5.4, ADEQ has submitted a revision to the New Source Review SIP on October 29, 2012. ADEQ expects that the New Source Review SIP revision will bring the State of Arizona’s SIP forareas underthejurisdiction ofADEQ into compliance with the NSR/PSD requirements of section 11 0(a)(2)(C) and 11 0(a)(2)(J) and 40 C.F.R. Part 51, Subpart I, with the exception of the requirements pertaining to greenhouse gases (GHGs). Arizon&s visibility protection program is designed to analyze the causes ofvisibility impairment and to develop and implement control strategies as required. Requirements include analysis ofemissions from new major sources or sources making major modifications and anticipated impacts on visibility at any Class I area. A more detailed discussion ofArizona’s Regional Haze SIP is provided above in Section 5.4, CAA Section 1 10(a)(2)(D).

5.11 CAA Section 11O(a)(2)(K)

—Air Quality Modeling Section 11 0(a)(2)(K) requires that SIPs provide for performing air quality modeling for predicting the effectofemissions on ambient airquality andto submitdata related tothe modelingto 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 ofthe NAAQS meet EPA’s most recentguidance on air quality models. All information and dataare made available to EPAas required. As stated above in Section 5.3, 5.4 and 5.10, ADEQ has submitted a revision to the New Source Review SIP on October29, 2012. ADEQ expectsthatthe New Source Review SIP revision will bring the State of Arizona’s SIP forareas underthejurisdiction ofADEQ into compliance with the NSRIPSD requirements of section 110(a)(2)(K) and 40 C.F.R. Part 51, Subpart I, with the exception of the requirements

25pertaining to greenhouse gases (GHGs).

Relevantsections ofArizona Revised Statutes: ForADEQ Programs: 49-406(A), (E), (F)(8), (F)(9). Nonattainment areaplan 49-422(A)(3)(a), (A)(3)(b), (C)(1), (C)(2), (C)(3), (C)(4), (C)(5). Powers and duties; definition 49-424(2). Duties ofdepartment ForCounty Programs: 49-473. Board ofsupervisors 49-474. Countycontrol boards

5.12 CAA Section 11O(a)(2)(L)

—Permit Fees Section 110(a)(2)(L) requires SIPs to require the owner or operator ofa major stationary source to pay fees to the permitting authority to coverthe 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. According to EPA issued Guidance6, “{t]he infrastructure SIP should provide citations to the regulations 

# [ providing for collection ofpermitting fees underthe state’s EPA-approved Title V permit program. See 40 CFR 70.9 (‘Fee determination and certification’), and 40 CFR Part 70, AppendixA, ‘Approval Status ofState and Local Operating Permits Programs’.”. 

# [

Arizona received interim approval forthe federal Title V permit program, established bythe 1990 Federal Clean AirActAmendment. 61 FR 55915 (October30, 1996). The interim approval ofthe ADEQ Title V program became effective on Nov. 29, 1996. EPAfullyapproved the Title V operating permits programs forADEQ, Maricopa County, Pima County, and Pinal Countyeffective November30, 2001. 66 FR 63175 (December5, 2001) and 66 FR 63166 (December 5, 2001). Subsequently, on May 17, 2005, EPA issued a notice ofdeficiencywith respectto certain elements ofMaricopa County’s Title V operating permits program, includingthe permitfee requirements. 70 FR32243 (June 2, 2005). Following EPA’s performance ofaTitle V program evaluation andthe Maricopa CountyAirQuality Department’s (MCAQD) subsequentsubmittal ofcorrections to addressthe identified deficiencies, EPA issued a notice ofresolution explaining EPA’s bases for concluding thatthe MCAQD had resolved all ofthe issues identified in EPA’s May 17, 2005 notice ofdeficiency. 71 FR 67061 (November20, 2006). Thus, all of the Arizona permitting agencies currently implementfully approved fee programs underTitle V ofthe CAA.

5.13 CAA Section 1 1O(a)(2)(M)

— Consultation/Participation byAffected Local Entities Section 11 0(a)(2)(M) requires states to provide for consultation and participation in SIP development by 6Guidance On Infrastructure State Implementation Plan (SIP) Elements Required Under Sections 1 10(a)(1) and 110(a)(2) forthe2008 Lead (Pb) National AmbientAirQuality Standards (NAAQS), dated October 14, 2011. 

# [

26local political subdivisions affected bythe 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 solicittestimony from the public, local planning agencies, and other local political entities priorto adoption ofany plan revisions.
Relevantsections ofArizona Revised Statutes: ForADEQ Programs: 49-1 04(A)(2), (A)(4), (B)(3) and (B)(5). Powers and duties ofthe department and director 49-405(B)(2)(6). Attainmentareadesignations 49-406(C), (D), (E), (F). Nonattainment area plan 49-424(8), (10). Duties ofdepartment 49-425(B), (D). Rules; hearing ForCounty Programs: 49-473. Board ofsupervisors 49-474. County control boards 49-479. Rules; hearing 6.0 CONCLUSION This revision to the Arizona SIP demonstrates that the existing authorities and infrastructure ofArizona State and local air quality management programs, in conjunction with the updated NSR/PSD SIP submitted on October29, 2012, meet the basic program elements required under CAA Section 1l0(a)(2) for the 2010 NO2 NAAQS. ADEQ is diligently working with the EPA and all three counties to remedy all the issues identified by the EPA in it’s “Partial Approval and Disapproval of Air Quality Implementation Plans; Arizona; Infrastructure Requirements for Ozone and Fine Particulate Matter.” 77 FR 66398 (November 5, 2012). ADEQ commits to developing the appropriate remedy for any deficiencies outlined by the EPA and will submit SIP revisions as appropriate within the required timeframe.

27

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### AppendixA AuthorizingStatutes(This Page IntentionallyLeftBlank) 

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### 49-104. Powers and duties ofthe department and director

A. The department shall: 1. Formulate policies, plans and programs to implement this title to protect the environment. 2. Stimulate and encourage all local, state, regional and federal governmental agencies and all private persons and enterprises that have similar and related objectives and purposes, cooperate with those agencies, persons and enterprises and correlate department plans, programs and operations with those 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 of less desirable environmental conditions. 9. Assure the preservation and enhancement of natural beauty and man-made scenic qualities. 10. Provide forthe prevention and abatement ofall 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 forthe recovery, recycling and reuse or, if recycling is not possible, the disposal ofsolid wastes consistent with sound health, scenic and environmental quality policies. Beginning in 2014, the department shall report annually on its revenues and expenditures relating to the solid and hazardous waste programs overseen or administered by the department. 12. Prevent pollution through the regulation 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. 15. Participate in the state civil defense program and develop the necessary organization and facilities to meet wartime or other disasters. 16. Cooperate with the Arizona-Mexico commission in the governor’s office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope ofthe department’s duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and

### enhance the economic competitiveness ofthis state and ofthe Arizona-Mexico 

# [

region. 17. Unless specifically authorized by the legislature, ensure that state laws, rules, standards, permits, variances and orders are adopted and construed to be consistent with and no more stringent than the corresponding federal law that addresses the same subject matter. This provision shall not be construed to adversely affect standards adopted by an Indian tribe under federal law. B. The department, through the director, shall: 1. Contract forthe services ofoutside advisers, consultants and aides reasonably necessary or desirable to enable the department to adequately perform its duties. 2. Contract and incur obligations reasonably necessary or desirable within the general scope of department activities and operations to enable the department to adequately perform its duties. 3. Utilize any medium ofcommunication, publication and exhibition when disseminating information, advertising and publicity in any field of its purposes, objectives or duties. 4. Adopt procedural rules that are necessary to implement the authority granted underthis title, but that are not inconsistent with other provisions ofthis title. 5. Contract with other agencies, including laboratories, in furthering any department program. 6. Use monies, facilities or services to provide matching contributions underfederal or other programs that further the objectives and programs ofthe department. 7. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for department services and publications and to conduct programs that are consistent with the general purposes and objectives 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 operatorthe opportunity for its representative to accompanythe director on an examination of those premises. Within forty-five days afterthe 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 forthe public health, safety or welfare. 10. Adopt and enforce rules relating to approving design documents for constructing, improving and operating sanitary engineering and other facilities for disposing of solid, liquid or gaseous deleterious matter. 11. Define and prescribe reasonably necessary rules regarding the water supply, sewage disposal and garbage collection and disposal for subdivisions. The rules shall: (a) Provide for minimum sanitary facilities to be installed in the subdivision and may require that water systems plan for future needs and be of adequate size and

### capacity to deliver specified minimum quantities of drinking water and to treat all

sewage. (b) Provide that the design documents showing or describing the water supply, sewage disposal and garbage collection facilities be submitted with a fee to the department for review and that no lots in any subdivision be offered for sale before compliance with the standards and rules has been demonstrated by approval ofthe design documents by the department. 12. Prescribe reasonably necessary measures to prevent pollution ofwater used in public or semipublic swimming pools and bathing places and to prevent deleterious conditions at such places. The rules shall prescribe minimum standards forthe 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 of sewage collection systems and treatment, disposal and reclamation systems and for operating the systems. (b) Provide for inspecting the premises, systems and installations and for abating as a public nuisance any collection system, process, treatment plant, disposal system or reclamation system that does not comply with the minimum standards. (c) Require that design documents for all sewage collection systems, sewage collection system extensions, treatment plants, processes, devices, equipment, disposal systems, on-site wastewater treatment facilities and reclamation systems be submitted with a fee for review to the department and may require that the design documents anticipate and provide for future sewage treatment needs. (d) Require that construction, reconstruction, installation or initiation of any sewage collection system, sewage collection system extension, treatment plant, process, device, equipment, disposal system, on-site wastewatertreatment facility or reclamation system conform with applicable requirements. 14. Prescribe reasonably necessary rules regarding excreta storage, handling, treatment, transportation and disposal. The rules shall: (a) Prescribe minimum standards for human excreta storage, handling, treatment, transportation and disposal and shall provide for inspection of premises; processes and vehicles and for abating as public nuisances any premises, processes or vehicles that do not comply with the minimum standards. (b) Provide that vehicles transporting human excreta from privies, septic tanks, cesspools and other treatment processes shall be licensed by the department subject to compliance with the rules. The department may require payment ofa fee as a condition of licensure. Afterthe effective date ofthis amendment to this section, the department shall establish by rule a fee as a condition of licensure, including a maximum fee. As part ofthe rule making process, there must be public notice and comment and a review ofthe rule by thejoint legislative budget committee. After September 30, 2013, the department shall not increase that fee by rule without specific statutory authority forthe increase. The fees shall be

### deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund

established by section 49-881. 15. Perform the responsibilities of implementing and maintaining a data automation management system to support the reporting requirements oftitle III 

### 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. 17. Establish or revise fees by rule pursuant to the authority granted under title 44, chapter 9, article 8 and chapters 4 and 5 ofthis title for the department to adequately perform its duties. All fees shall be fairly assessed and impose the least burden and costto the parties subject to the fees. In establishing or revising fees, the department shall base the fees on: (a) The direct and indirect costs ofthe department’s relevant duties, including employees salaries and benefits, professional and outside services, equipment, in state travel and other necessary operational expenses directly related to issuing licenses as defined in title 41, chapter 6 and enforcing the requirements ofthe applicable regulatory program. (b) The availability of other funds forthe duties performed. (c) The impact ofthe fees on the parties subject to the fees. (d) The fees charged for similar duties performed by the department, other agencies and the private sector. C. The department may: 1. Charge fees to coverthe costs of all permits and inspections it performs to ensure compliance with rules adopted under section 49-203, exceptthat state agencies are exempt from paying the fees. Monies collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the water quality fee fund established by section 49-210. 2. Contract with private consultants forthe purposes of assisting the department in reviewing applications for licenses, permits or other authorizations to determine whether an applicant meets the criteria for issuance ofthe license, permit or other authorization. Ifthe department contracts with a consultant under this paragraph, an applicant may request that the department expedite the application review by requesting that the department use the services ofthe consultant and by agreeing to pay the department the costs ofthe consultant’s services. Notwithstanding any other law, monies paid by applicants for expedited reviews pursuant to this paragraph are appropriated to the department for use in paying consultants for services. D. The director may: 1. Ifthe director has reasonable cause to believe that a violation of any environmental law or rule exists or is being committed, inspect any person or property in transit through this state and any vehFcle in which the person or property is being transported and detain or disinfect the person, property orvehicle 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. 

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### 49-106. Statewide application of rules

The rules adopted by the department apply and shall be observed throughout this state, or as provided by theirterms, and the appropriate local officer, council or board shall enforce them. This section does not limit the authority of local governing bodies to adopt ordinances and rules within their respectivejurisdictions ifthose ordinances and rules do not conflict with state law and are equal to or more restrictive than the rules ofthe department, but this section does not grant local governing bodies any authority not otherwise provided by separate state law. 49-404. State implementation rlan A. The director shall maintain a state implementation plan that provides for implementation, maintenance and enforcement of national ambient air quality standards and protection ofvisibility as required by the clean air act. B. The director may adopt rules that describe procedures for adoption of revisions to the state implementation plan. C. The state implementation plan and all revisions adopted before September 30, 1992 remain in effect according to theirterms, except to the extent otherwise provided by the clean air act, inconsistent with any provision ofthe 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 administratorforthose purposes until the rules required by subsection B are effective. 49-406. Nonattainment area plan A. For any ozone, carbon monoxide or particulate nonattainment or maintenance area the governor shall certify the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process forthat area under 23 United States Code section 134 as the agency responsible forthe development ofa nonattainment or maintenance area plan for that area. B. For any ozone, carbon monoxide or particulate nonattainment or maintenance area for which no metropolitan planning organization exists, the department shall be certified as the agency responsible for development ofa nonattainment or maintenance area plan forthat area. C. For any ozone, carbon monoxide or particulate nonattainment or maintenance area, the department, the planning agency certified pursuant to subsection A ofthis section on behalf of elected officials of affected local government, the county air pollution control department or district, and the department oftransportation shall, by November 15, 1992, and from time to time as necessary, jointly review and update planning procedures or develop new procedures. D. In preparing the procedures described in subsection C ofthis section, the department, the planning agency certified pursuant to subsection A ofthis section on behalf of elected officials of affected local government, the county air pollution control department or district, and the department oftransportation shall determine

### which elements of each revised implementation plan will be developed, adopted,

and implemented, through means including enforcement, by the state and which by local governments or regional agencies, or any combination of local governments, regional agencies orthe state. E. The department, the planning agency certified pursuant to subsection A ofthis section on behalf of elected officials of affected local government, the county air pollution control department or district, and the department oftransportation shall enter into a memorandum of agreement forthe purpose of coordinating the implementation ofthe procedures described in subsection C and D ofthis section. F. At a minimum, the memorandum of agreement shall contain: 1. The relevant responsibilities and authorities of each ofthe coordinating agencies. 2. As appropriate, procedures, schedules and responsibilities for development of nonattainment or maintenance area plans or plan revisions and for determining reasonable further progress. 3. Assurances for adequate plan implementation. 4. Procedures and responsibilities fortracking plan implementation. 5. Responsibilities for preparing demographic projections including land use, housing, and employment. 6. Coordination with transportation programs. 7. Procedures and responsibilities for adoption of control measures and emissions limitations. 8. Responsibilities for collecting air quality, transportation and emissions data. 9. Responsibility for conducting air quality modeling. 10. Responsibility for administering and enforcing stationary source controls. 11. Provisions for the timely and periodic sharing of all data and information among the signatories relating to: (a) Demographics. (b) Transportation. (c) Emissions inventories. (d) Assumptions used in developing the model. (e) Results of modeling done in support ofthe plan. (f) Monitoring data. G. Each agency that commits to implement any emission limitation or other control measure, means or technique contained in the implementation plan shall describe that commitment in a resolution adopted by the appropriate governing body ofthe agency. The resolution shall specify the following: 1. Its authority for implementing the limitation or measure as provided in statute, ordinance or rule. 2. A program for the enforcement ofthe limitation or measure. 3. The level of personnel and funding allocated to the implementation ofthe measure. H. The state, in accordance with the rules adopted pursuant to section 49-404, and the governing body ofthe metropolitan planning organization shall adopt each nonattainment or maintenance area plan developed by a certified metropolitan planning organization. The adopted nonattainment or maintenance area plan shall be transmitted to the department for inclusion in the state implementation plan provided for under section 49-404.

### I. After adoption ofa nonattainment or maintenance area plan, if on the basis of

the reasonable further progress determination described in subsection F ofthis section or other information, the control officer determines that any person has failed to implement an emission limitation or other control measure, means or technique as described in the resolution adopted pursuant to subsection G ofthis section, the control officer shall issue a written finding to the person, and shall provide an opportunity to confer. Ifthe control officer subsequently determines that the failure has not been corrected, the county attorney, at the request ofthe control officer, shall file an action in superior court for a preliminary injunction, a permanent injunction, or any other relief provided by law. J. After adoption of a nonattainment or maintenance area plan, if, on the basis of the reasonable further progress determination described in subsection F ofthis section or other information, the director determines that any person has failed to implement an emission limitation or other control measure, means ortechnique as described in the resolution adopted pursuant to subsection G ofthis section, and that the control officer has failed to act pursuant to subsection I ofthis section, the director shall issue a written finding to the person and shall provide an opportunity to confer. Ifthe director subsequently determines that the failure has not been corrected, the attorney general, at the request ofthe director, shall file an action in superior court for a preliminary injunction, a permanent injunction, or any other relief provided by law. K. Notwithstanding subsections A and B ofthis section, in any metropolitan area with a metropolitan statistical area population of less than two hundred fifty thousand persons, the governor shall designate an agency that meets the criteria of section 174 ofthe clean air act and that is recommended by the city that causes the metropolitan area to exist and the affected county. That agency shall prepare and adopt the nonattainment or maintenance area plan. Ifthe governor does not designate an agency, the department shall be certified as the agency responsible forthe development of a nonattainment or maintenance area plan for that area. 49-425. Rules; hearing A. The director shall adopt such rules as he determines are necessary and feasible to reduce the release into the atmosphere of air contaminants originating within the territorial limits ofthe state or any portion thereof and shall adopt, modify, and amend reasonable standards forthe quality of, and emissions into, the ambient air ofthe state forthe prevention, control and abatement of air pollution. Additional standards shall be established for particulate matter emissions, sulfur dioxide emissions, and other air contaminant emissions determined to be necessary and feasible for the prevention, control and abatement of air pollution. In fixing such ambient air quality standards, emission standards or standards of performance, the director shall give consideration but shall not be limited to the relevant factors prescribed by the clean air act. B. No rule may be enacted or amended except afterthe director first holds a public hearing after twenty days’ notice of such hearing. The proposed rule, or any proposed amendment of a rule, shall be made available to the public at the time of notice of such hearing. C. The department shall enforce the rules adopted by the director.

### D. All 

### rules enacted pursuant to this section shall be made available to the public at

a reasonable charge upon request.



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### Appendix B

Letterfrom Janice K. Brewer, Governor, toJaredBlumenfeld, RegionalAdministrator, EPA, subject: Nitrogen DioxideDesignation Recommendations, datedJanuary4, 2011.(This Page Intentionally LeftBlank)



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ISTATE OF ARIZONA

- JANICE K. BREWER

GovE1~oR EXECUTIVE OFFICE

Jared Blumenfeld, Regional Administrator EPA Region LX 75 Hawthorne Street San Francisco, CA94105-3901 January4, 2011

Subject: Nitiogen Dioxide Designation Recommendations DearMr. Blumenfeld: Pursuantto Section 107(d) ofthe CleanAirAct, inresponsetoyourcorrespondence dated November 12, 2010, and becausethe existing Nitrogen Dioxide (NO2) monitoringnetworkdoesnot provide adequate information to determinewhetherthenewnational airqualitystandard is beingmet, Arizonarecommendsthe following designations forthe National AmbientAirQualityStandardforNO2 that’was promulgated inJanuary2010. These recommendations excludeJndian Country, overwhich Arizona does nothavejurisdiction. Apache County Cochise County Coconino County Gila County Graham County Greenlee County LaPaz County Maricopa County Mohave County Navajo County Pima County Pinal County Santa CruzCounty Yavapai County Yuma County Unclassifiable Unclassifiable Unclassifiable Unclassifiable Unclassifiable Unclassifiable Unclassifiable Unclassifiable Unclassifiable Unclassifiable Unclassifiable Unclassifiable Unclassifiable Unclassifiable Unclassifiable Bythe end ofcalendaryear2015, Arizonaexpects to haveadditional monitoring informationthat will supportrecommendations ofattainmentornonattainmentstatusforsome ofthe Counties above. Based uponthat information, Arizonawill submitthe appropriate revised recommendations.

1700 WEST WASHINGTON STREET, PHOENIX, ARIZONA 85007

602-542-4331 ‘ F~.x 602-542-7602Jared Blumenfeld

January4, 2011 Page2 of2
Shouldyou have furtherquestions, pleasecontactHenry Darwin, Acting DirectoroftheArizona DepartmentofEnvironmental Quality (ADEQ), at (602) 771-2204 orEricMassey, DirectorofADEQ‘S AirQualityDivision (602) 771-2288.

Janice K. Brewer Governor

cc: Deborah Jordan, EPARegion IX Colleen McKaughan, EPARegion IX WilliamWiley, MaricopaCountyAirQualityDepartment Ursula Kramer, Pima CountyDepartmentofEnvironmental Quality Don Gabrielson, Pinal CountyAirQuality Control Districtrn—rrr-~————

### AppendixC

Letterfrom JaredBlumenfeld, RegionalAdministrator, EPA, to Janice K Brewer, Governor, re: designations ofAllAreas ofArizona as Unclass~flable/AttainmentforNitrogen DioxideNAAQS, datedJune29, 2011.(This Page IntentionallyLeftBlank) 

# [ I I I I [ F I 1* [ L [ L L L.~O S?q1 UNITED 

### STATES ENVIRONMENTAL PROTECTION AGENCY

~ REGION IX ~L P~O~ 75 Hawthorne Street 

### San Francisco, 

### CA 94105-3901

OFFICE OF THE 

## JUN 2 9 2Q11 REGIONAL ADMINISTRATOR 

### The HonorableJanice Brewer GovernorofArizona 1700WestWashington Phoenix, Arizona 85007 DearGovernorBrewer: I am writingto notifyyou ofthe

## U.S. Environmental Protection Agency’s (EPA’s) intention to designate all areas ofArizonaas unclassifiable/attainmentforthe revised primary National AmbientAirQuality Standard (NAAQS) fornitrogen dioxide (NO2) using the boundaries yourState recommended in January2011 oranyrevised boundaries thatyou submitin responseto this letter. I am also writingto thankyou foryourprevious recommendations, to provide you an opportunityto revise yourprevious recommendationsforarea boundaries, and to inform you ofourapproach forcompletingthe designations forthe revised NO2 NAAQS. OnJanuary22, 2010, the EPAstrengthened the health-based NAAQS forNO2 bysetting a new 1-hour NO2 standard atthe level of 100 parts perbillion (ppb). The EPA also retained the annual NO2 standard of53 ppb. This suite ofstandards will protectpublic health by limiting people’s exposurestoshort-term peakconcentrations ofNO2 and by limiting community-wide NO2 concentrations to levels below those thathave been linked to respiratory-related emergencydepartmentvisits and hospital admissions in the United States. To determine compliancewith the new standard, the EPA established new ambient air monitoring and reporting requirements forNO2. In urban areas, monitors are required nearmajorroads as well as in otherlocations where maximum concentrations are expected. Additional monitors will be required in some large urban areas to measure the highestconcentrations ofNO2thatoccurmore broadly across communities. In ourNovember2010 letterto you requesting yourdesignation recommendations, the EPA stated that weanticipated designating mostareas ofthe country as “unclassifiable,” indicating thatthereare insufficientdatato determinewhetheror notan areais attaining the revised NO2 NAAQS. The EPA believed this approach was appropriate given that: (1) the new near-road monitoring network requirements associated with the revised NO2 NAAQS will notbe effective until January2013, so air qualitydatafrom these new monitors would notbe available to inform initial designations; and (2) the NO2 monitors in the existing NO2networkdo not provide adequateevidence todeterminewhetheror notthe newNAAQS is metatotherlocations, especiallythose closerto NO2 emission sources such as roadways. Afterreviewing all the recommendationswe received includingArizona’s, the EPA now intendsto designate all areas ofthe countryas “unclassifiable/attainment.” The EPA is makingthis change because, based on the most recent airqualitydatafrom 2008-2010, all monitored areas in thecountry meet the2010 NO2 NAAQS. While the EPA acknowledges thatthe existing NO2 monitoring network

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### does notprovide adequate evidence to determine whetherornotthe new NAAQS is meteverywhere,

there currentlyis no evidence ofviolations anywhere in the country. Based on this, the EPA believes “unclassifiable/attainment” is the mostappropriate designation to use atthis time. The EPA intends to redesignate areas, as appropriate, aftersufficientairqualitydatafrom the new monitoring networkare available. The EPAintends to designate all areas ofArizona as unclassifiable/attainment using the boundaries you recommended to the EPA in January2011 orany revised boundaries you mayprovide in response to this letter. As we did in ourNovember2010 letter, EPA recommendsthateach state carefully consider the implications ofthe boundaries itselects forits Prevention ofSignificant Deterioration permitting programfornew ormodified sources to ensure thattheyare consistent with its objectivesformanaging airqualitydeterioration and economic growth. IfyourStatehas additional information thatyou wantthe EPAto considerwith respectto the designations including any revisions to yourrecommended boundaries, please submit itto us byAugust 29, 2011. We are also making the EPA’s preliminary designation decisions and supporting documentation available tothe general publicforreview. We areaccepting public comments on our preliminarydecisions for30 days afterthe notice oftheiravailabilityis published in the Federal Register. We will review any information we receive from the state ofArizonaand the general public by these dates. Weplan to promulgate thefinal designations byOctober31, 2011.~ Thankyou again foryourJanuary2011 recommendations fordesignations forthe new 1-hourNO2 NAAQS. We lookforward to a continued dialogue with you and yourstaffas we worktogetherto implementthis NAAQS. Should you have anyquestions, pleasedo not hesitate to call me, orhave your staffcontact Deborah Jordan ofmystaffat (415) 947-8715.

cc: HenryDarwin, Director, ADEQ Eric Massey Director, AirQuality Division, ADEQ NancyWrona PolicyAdvisor, ADEQ Sincerely,

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### Appendix B ADEQ’s PublicProcessDocumentation (PublicHearingAgenda, Sign-In Sheet, Hearing Officer Certjfication, Hearing Script, and AffidavitofPublication)(This Page IntentionallyLeftBlank)



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# ADEQ~ PublicHearingAgenda

Janice K. Brewer Governor Henry K. Darwin, Diredor AIR QUALITY DIVISION HEARING ON PROPOSED REVISON TO THE ARIZONA STATE IMPLEMENTATION PLAN UNDER CLEAN AIR ACT SECTION 110 (a)(1) AND (2): IMPLEMENTATION OF: 2010 NO2 NATIONAL AMBIENTAIR QUALITY STANDARDS, PARALLEL PROCESSING VERSION

ADEQ building, 1110W. Washington St., Phoenix, AZ 85007

Conference Room 3175 Friday, January 18 ,2013, at9:00 a.m.
Pursuant to 40 CFR

## § 51.102 notice is hereby given that the above referenced meeting is open to the public. 1. Welcome and Introductions 2. Purposes ofthe Oral Proceeding 3. Procedurefor Making Public Comment 4. BriefOverview ofthe proposed SIP revision 5. Question andAnswer Period 6. Oral Comment Period 7. Adjournment ofOral Proceeding Copies ofthe proposal are available forreview attheArizona Department ofEnvironmental Quality (ADEQ) Records Center, First Floor, 1110 W. Washington St., Phoenix, Arizona 85007, 1110 W. Washington St., Phoenix, Arizona, and http://www.azdeq.gov/environlair/planlindex.htmj. For additional information regarding the hearing please call Danielle M. Dancho, ADEQ Air Quality Division, at (602) 771 -4210 or 1-800-234-5677, Ext. 771-4210. Persons with adisability may requesta reasonable accommodation, such as a sign language interpreter, by contacting Dan Flukas at (602) 771-4795 or 1-800-234-5677, Ext. 771-4795. Requests should be made as earlyas possibleto allow sufficienttimeto makethe arrangements forthe accommodation. This document is available in alternative formats by contacting ADEQ TDD phone numberat (602) 771-4829.fl~E‘1EflEJZflE~EEE’~flnr~PleaseSignInSign—InSheetSUBJECT2.~D\V\~s\O~~~~S?\~(o~(~~(2~ATENAME1.2.ORGANIZATIONE-MAILArizonaDepartmentofEnvironmentalAirQualityDivisionPHONE~FAX3.4.5.6.7.

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# ADEQ~

Arizona Department of

### Environmental Quality ~ 

## AirQuality Division

Public Hearing Presiding OfficerCertification
I, Wayne Bixler, the designated Presiding Officer, do hereby certify that the public hearing held by the Arizona Department of Environmental Quality was conducted on January 18, 2013 at 1110 W. Washington St., Phoenix, Arizona, in accordance with public notice requirements by publication in The Arizona Republic and other locations beginning December 14, 2012. Furthermore, I do hereby certify that the public hearing was recorded from the opening ofthe public record through concluding remarks and adjournment, and the transcript provided contains afull, true, and correct record ofthe above-referenced public hearing. Datedthis 

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~ day of ~4J 

### UPr&~f

Wayne Bixier State ofArizona 

## )

)ss. County ofMaricopa 

## ) Subscribed and sworn to before me onthis

_____

### day of ~ /~.



### “~NotaryP~?~ MyCommi$610n Expires 0410212016 . . / / 

### My conmussion expires: 7

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# I1 

## PROPOSED ARIZONAAIR QUALITY

2 

## STATE IMPLEMENTATION PLAN (SIP)

HEARING ON PROPOSED REVISION TO THE ARIZONA STATE
4 

## IMPLEMENTATION PLAN UNDER CLEANAIRACT SECTION 110 (a)(

## 1)

— 5 

## AND (2): IMPLEMENTATION OF: 2010 NO2 NATIONALAMBIENTAIR
6 

## QUALITY STANDARDS, PARALLEL PROCESSING VERSION
7 8 9 

## Oral Proceeding
10 

## Hearing Officer Script
11
12 

## January 18, 2013
13 14 

## Wayne Bixler: Good morning, thankyou for coming. I now open this hearing on is 

## the proposed revision to the Arizona State Implementation Plan (or SIP) under
16 

## Clean AirAct (CAA) section 110 (a)(1) and (2): Implementation of: the 2010 NO2
17 

## NAAQS, parallel processing version.
18 19 

## It is now Friday, January 18, 2013 and the time is 9:06 a.m. The location is the
20 

## 1110 W. Washington Street, Phoenix, AZ, Conference Room 3175. My name is
21 

## Wayne Bixier, and I have been appointed by the Director of the Arizona
22 

## Department ofEnvironmental Quality (ADEQ) to preside atthis proceeding.
23 24 

## The purposes ofthis proceeding areto providethe public an opportunityto:
25 

## (1) hearaboutthe substance ofthe proposed SIP revision,
26 

## (2) askquestions regarding the revision, and

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

2 

## comments on the record.
3
4 

## Representingthe Department is Danielle M. Dancho.
5 6 

## Public notice appeared in the Arizona Republic on December l4~’, and 17th, 

## 2012,
7 

## and on ADEQ’s website. The public comment period began on December 14th 8 

## 2012. Copies ofthe proposal were made available atthe ADEQ Phoenix office at
9 

## theADEQ Records Centerand on ADEQ’swebsite.
10 ii 

## The procedure for making a public comment on the record is straightforward. If
12 

## you wish to comment, you will need to fill out a speaker slip, which is available at
13 

## the sign-in table, and give it to me. Using speaker slips allows everyone an
14 

## opportunityto be heard and allows us to match the name onthe official record with is 

## the comments. You may also submit written comments to me today. Please note,
16 

## the comment period forthe proposed SIP ends on January l8~, 2013. All written
17 

## comments must be postmarked or received by ADEQ by 5:00 P.M. MST January
18 18th, 

## 2Q13 whethersentvia U.S. mail orvia e-mail orvia FAX. Written comments
19 

## can be mailed to Danielle M. Dancho Air Quality Planning Section, Arizona
20 

## Department of Environmental Quality, 1110 W. Washington Street, Phoenix,
21 

## 85007 or Dancho.Danielle@azdeq.gov. Comments may also be faxed to (602)
22 

## 771-2366.
23 24 

## Comments made during the formal comment period are required by law to be
25 

## considered by the Department when preparing the final SIP. This is done through
26 

## the preparation ofa responsiveness summary in which the Department responds in
27 

## writingtowritten and oral comments made duringthe formal commentperiod. 2Ei~flflfl~r~Efl[~]E~____1

2 

## The agendaforthis hearing is simple. First, we will present abriefoverview ofthe
3 

## proposed revisiontothe SIP.
4 5 

## Second, I will conduct a question and answer period. The purpose ofthe question
6 

## and answer period is to provide information that may help you in making
7 

## comments on the proposed revision.
8 9 

## Thirdly, I will conduct the oral comment period. At that time, I will begin to call io 

## speakers in the orderthat I have received speakerslips.
11
12 

## Please be aware that any comments at today’s hearing that you may want the
13 

## Departmentto formally consider must be given either in writing oron the record at
14 

## today’s hearing duringthe oral commentperiod ofthis proceeding.
15 16 

## Atthistime, Ms. Danchowill give a briefoverview ofthe proposal.
17 18 ***** 19 20
21 

## Danielle Dancho: This revision to the state implementation plan (SIP)
22 

## demonstrates that Arizona State and local air quality management programs meet
23 

## the basic program elements required under Clean Air Act (CAA) Sections
24 

## 1 lO(a)(l) and (2) for implementing the 2010 NO2 NAAQS.
25 26 

## ADEQ is seeking parallel processing ofthis revision to the SIP under 40 C.F..R.
27 

## Part 51, Appendix V, 

# § 2.3.1 pending completion ofthe State’s public notice and 3

# I I I I I I I I F I I 

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## public hearing requirements. ADEQ will submit a final version ofthis SIP when

2 

## publicprocess has been completed.
3 4 *****
5 6 

## Mr. Bixier: This concludes the explanation period of this proceeding on the
7 

## proposed revision tothe SIP.
8 9 *****

-‘ 10 ii 

## Arethere any questions before we move tothe oral commentperiod?
12 13 

## Hearing none, this concludes the question and answerperiod ofthis proceeding on
14 

## the proposed revisionto the SIP.
15 16 *****
17 18 

## I nowopen this proceeding fororal comments.
19 20 

## Seeing there is no one present and having received no speaker slips, this concludes
21 

## the oral comment period ofthe proceeding.
22 23 ***** 24 25 

## IfyoU have not already submitted written comments, you may submit them to me
26 

## atthis time. Again, the comment period forthis proposed revision to the SIP ends
27 

## January 18th, 

## 2013 at 5:00 p.m. 4

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L L [ [1

2 

## There is no one present.
3 4 

## The time is now 9:11. I now close this oral proceeding. 5



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# 1’ 1. 

# r L C: L LARIZONADEPARTMENTOF ENVIRONMENTALQUALITY 30DAYPUBUCCOMMENT PERIODAND HEARING ON PROPOSED REVISIONTO THEARIZONASTATE IMPLE MENTATION PLAN UNDER CLEANAIRACTSECTION 110 (a)(1)AND (2): IMPLE MENTATIONOF:2010 N02 NATIONALAMBIENTAIR QUALITYSTANDARDS. PARALLEl.PROCESSING VERSION The•Arizona Department of Environmental Quality (ADEQ) opens a thirty day public comment period wiDi the publication of this no tice on December 142012, forthe propooed revision to the Arizona State infra structure State Implementa tion Plan (SIP) for tile 2010 N02 NAAQS. A public hearing on tile pro posed SIP revision which was submitted to fhe EPA for paraliel processing an dur40CFR51 AppendixVon December 14, 2012, will be held on Friday, January 18, 2013 at 8:00 a.m., ADEQ Cont’erence Room 3175,md W. Washington St Phoenix AZ. All interested parties will be given an opportunity atthepublic hearing tosub mit relevant comments, da ta, and views, orally and In writln~. Written comments may be submitted prior to orduring the public hearing and mast be postmarked or received byatADEQ by5:00 pm.oflJanuary18,2013.. Written comments should be addressed, faxed, or e mailedto: DanluileM Danclio

- Air QualIty Legal Support Section Arizona Department ofEnvI ronmentaiQuality

- 1110W.Washington St Phoenix,AZ85007 FAX:(602) 771-2366 E-Mail: Dancho.Danielle@az deq~ov CopIes of the SiP proposal are available for review on line atthefoliowing web ad dress hltpl’/www.azdeq.go v/cgl-bin/vertlcal.pl. t= search&kewerd~alr%20qual Ity and in hard copy at the foliowing location: ADEQ RecordsCenter First Floor, 1110 W. Wash ington Street Phoenix,ArIzona85007 Attentiun: Norleen Lure, (602)771-4712 Pub: December14,17,2012 

# 30 1 ~ AFFIDAVIT OF PUBLICATION



# THE ARIZONA REPUBLIC

STATE OFARIZONA COUNTY OF MARICOPA SS.



### Tabitha Weaver, being first duly sworn, upon oath deposes and says: That she is a legal advertising representative of the Arizona Business Gazette, a newspaper of general circulation in the county of Maricopa, State of Arizona, published at Phoenix, Arizona, by Phoenix Newspapers Inc., which also publishes The Arizona Republic, and that the copy hereto attached is atrue copy of the advertisement published in the said paperon the dates as indicated. TheArizona Republic



### I December 14, 17, 2012

Sworn to before me this 17stday of DecemberA.D. 2012

BRIAN BIWNGS

- ~ ~ Notary Pu’~,c

- Arizona 

# ~: ~~My Com~ Ex~s1s JW25, 2O~

-, -~- —-~~ ~