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:

Consistent with the provisions of Arizona Revised Statutes §~ 49-104, 49-106, 49-404, 49-406 and 49-

425 and the Code of Federal 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

Act Sections 110(a) (1) and (2): Implementation of2010 NO2 National Ambient Air Quality Standards as a

revision to the 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 or the “infrastructure” of its air quality management programs under CAA Section

110 (a)(2) including provisions for monitoring, emissions inventories, and modeling designed to assure

attainment and maintenance of the NAAQS.

The SIP revision incorporates by reference both existing statutes and rules, a document demonstrating

that the requirements of 40 C.F.R. Part 51 Appendix V are satisfied, copies of the authorizing statutes

cited above (Appendix A), letters regarding Arizona’s designation as unclassifiable/attainment

(Appendices 13 and C), and copies of the required public process documents (Appendix D).

Southern Regional Office

400 West Congress Street • Suite 433 • Tucson, AZ 85701

(520) 628-6733

Printed on recycledpaper

Janice K. Brewer

Governor
ADEQ requests the EPA to approve this revision to the Arizona SIP. A hard copy of the SIP and an

electronic exact duplicate of the hard copy on CD are included with this letter.

Sincerely,

cc: Bill Wiley, Maricopa County Air Quality Department, w/o enclosures

Ursula Kramer, Pima County Department of Environmental Quality, w/o enclosures

Don Gabrielson, Pinal County Air Quality Department, w/o enclosures

Colleen McKaughan, EPA Region IX, w/o enclpsures

Rory Mays, EPA Region IX, w/o enclosures

Air Quality

Mr. Jared Blumenfeld

Page 2 of 2

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February 25, .2011

ARIZONA DEPARTMENT

OF

ENVIRONMENTAL QUALITY

1110 West Washington Street • PhoenixF Arizona 85007

(602) 771-2300 ‘www.azdeq.gov

TO: Eric Massey

Division Director

Air Quality Division

Under A.R.S. §49-1 04(D)(2), I authorize you, Eric Massey, Division Director, Air Quality

Division, Arizona Department ofEnvironmental Quality, to perfoim any act, including execution

of any pertinent documents, which ~I as Director ofthe Arizona Department of Environmental

Quality am authorized or required to do by law with respect to A.R.S. Title 49, chapters 1 and 3

and any other acts relating to air quality including personnel actions. This authority shall remain

in effect until it is revoked or you resign. You may further delegate this authority in the best

interest of the agency, however, those delegations must be in writing and you must forward a

copy of any further delegations to me.

This delegation is effective February 25, 2011. I ratify all acts performed by you as Air Quality

Division Director concerning the duties and functions in this 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

Printed on recycledpaper
IFFIF

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Arizona ADEQ~ Department

of Environmental Quality (((p

Final Revision to the Arizona State Implementation

Plan under

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

Implementation of

2010 NO2 National Ambient Air Quality Standards

Air Quality Division

January 2013
(This Page Intentionally Left Blank)

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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 SUMMARY AND 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 FOR ARIZONA 13

5.1 CAA Section ii 0(a)(2)(A) — Control Measures and Emission Limits 14

5.2 CAA Section 110(a)(2)(B) — Ambient Air Quality Monitoring 14

5.3 CAA Section 110(a)(2)(C) — Enforcement of Control 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) — CAA Title 1, Part D Nonattainment

Area Requirements 23

5.10 CAA Section 110(a)(2)(J)— Consultation with Government Officials,

Public Notification, PSD and Visibility Protection 24

5.11 CAA Section 1 10(a)(2)(K) —Air Quality Modeling 25

5.12 CAA Section 1 10(a)(2)(L) — Permit Fees 26

5.13 CAA Section 11 0(a)(2)(M) — Consultation/Participation by

Affected Local Entities 26

6.0 CONCLUSION 27
APPENDICES

A. Authorizing Statutes

B. Letter from Janice K. Brewer, Governor, to Jared Blumenfeld, Regional Administrator, EPA,

subject: Nitrogen Dioxide Designation Recommendations, dated January 4, 2011.

C. Letter from Jared Blumenfeld, Regional Administrator, EPA, to Janice K. Brewer, Governor, re:

designations of All Areas of Arizona as Unclassifiable/Attainment for Nitrogen Dioxide

NAAQS, dated June 29, 2011.

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1.0 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 Air Act (CAA) Sections 11 0(a)( 1) and

(2) for implementing the 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 of this document addresses the criteria for an official SIP submission as set forth in 40 C.F.R.

Part 51, Appendix V.

2.0 CRITERIA

2.1 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 of the 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 important to the approval of this 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 January 22, 2003 (68 FR 2912).

R9-3-219, “Air pollution emergency episodes” was approved by the EPA on September 28, 1982. 47 FR

42572. R9-3 -215, “Ambient air quality monitoring methods & procedures”, was approved by the EPA on

October 19, 1984 (49-FR 41026). Certified copies of Ri 8-2-220, “Air pollution emergency episodes,”

and the Air Quality Monitoring Procedures Manual (Referenced in R9-3-2 15), were submitted on August

30, 2012, and were approved by the EPA on October 15, 2012. 77 FR 62452. All of these 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 that the State has the necessary legal authority under State

law to adopt and implement the plan.
ADEQ is authorized to implement SIPs under Arizona Revised Statutes §~ 49-104, 49-106, 49-404, 49-

406 and 49-425, which are attached as Appendix A.

2.1(d) A copy of the 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 of the procedural requirements

of the State’s laws and constitution in conducting and completing the

adoption/issuance of the plan. [

Not required for parallel processing version of SIP. See 40 C.F.R. Part 51, Appendix V, § 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 of such notice.

Not required for parallel processing version of SIP. See 40 C.F.R. Part 51, Appendix V, § 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 of SIP. See 40 C.F.R. Part 51, Appendix V, § 2.3.1(d).

2.1(h) Compilation of public comments and the State’s response thereto.

Not required for parallel processing version of SIP. See 40 C.F.R. Part 51, Appendix V, § 2.3.1(d).

2.2 Technical Support

2.2(a) Identification of all regulated pollutants affected by the plan. L

Nitrogen Dioxide (NO2).

2.2(b) Identification of the locations of affected sources including the EPA

attainment/ nonattainment designation of the locations and the status of the

attainment plan for the affected areas(s). [

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 of the revision.

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Not applicable.

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 of the 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 of why 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 of new or revised NAAQS to provide for implementation, maintenance, and enforcement of

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

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

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

designed to assure attainment and maintenance ofthe NAAQS.

On February 9, 2012, the U.S. Environmental Protection Agency (EPA) issued a new primary National

Ambient Air Quality Standard (NAAQS) for oxides of nitrogen as measured by nitrogen dioxide (NO2),

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effective 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 of the 98th percentile of the 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 behalf of the State of Arizona, recommended designations for

the NO2 NAAQS to be set as unclassifiable for all areas of the State within the State’s jurisdiction.’ In [

that letter, Arizona expected to have additional monitoring information by calendar year 2015, and, if

appropriate, will submit revised recommendations at that time.

On June 29, 2011, in a letter from the EPA to Governor Brewer, EPA notified the State of Arizona of its

intention to designate all areas of Arizona 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 of the 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 measure the area-wide NO2 concentrations that occur more broadly

across communities.” Id.

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For reference, letter is attached as Appendix B.

2 For reference, letter is attached as Appendix C.

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4.0 SUMMARY AND 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 for the 2010 NO2 NAAQS, unless otherwise stated:

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

11 0(a)(2)(B), ambient air quality monitoring,

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

significant deterioration,

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,

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

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

provisions,

11 0(a)(2)(F), emissions monitoring and reporting,

11 0(a)(2)(G) emergency episodes

1 10(a)(2)(H), plan revisions,

11 0(a)(2)(I), Part D nonattainment area plan requirements,

11 0(a)(2)(J), consultation with government officials and public notification of any exceedance of

the air quality standards and prevention of significant deterioration and visibility protection,

11 0(a)(2)(K), air quality modeling,

1 10(a)(2)(L), permit fees, and

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

Arizon&s air quality programs are sufficient at this time to assure attainment and maintenance of the 2010

NO2 NAAQS in all areas of the State. Any deficiencies in Arizona’s air quality programs indicated by the

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 of being remedied by ADEQ and/or the County Programs. 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.

Tables 4-1 through 4-10, provided below, show which statute or rule ADEQ is asking to be incorporated

by reference, which sections of those statutes are relevant to which section of the 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 of the 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 Register Notices are cited in tables 4-1 through 4-10.

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Table 4-1

CAA11O(a)(2)(A)

Control Measures and Emission Limits

~ ADEQ Programs

Statute/Rule Relevant Sections Date approved into the Arizona SIP

§ 49-106 Statewide application ofrules . 11/05/2.012 (77 FR 66398)

§ 49-107 Local delegation of state 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 Nonattainment area plan 6/08/2000 (65 FR 36353).

§ 49-42 1 Definitions 1 1/05/20 12 (77 FR 66398)

§ 49-424 Duties of department 1 1/05/20 12 (77 FR 66398)

§ 49-425 Rules; hearing 1 1/05/20 12 (77 FR 66398)

~ County Programs

§ 49-47 1 Definitions 1 1/05/20 12 (77 FR 66398)

§ 49-473 Board of supervisors 1 1/05/20 12 (77 FR 66398)

§ 49-479 Rules; hearing V 1 1/05/20 12 (77 FR 66398)

Table 4-2

, CAA11O(a)(2)(B)

Ambient Air Quality Monitoring

ADEQ Programs

Statute/Rule Relevant Sections Date approved into the Arizona SIP

§ 49-404 State implementation plan 6/08/2000 (65 FR 36353)

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

§ 49-422 Powers and duties (A), (B), (C), (E), and 1 1/05/20 12 (77 FR 66398)

(F)

, § 49-424 Dutics of department 1 1/05/20 12 (77 FR 66398)

County Programs V § 49-476.0 1 Monitoring 1 1/05/20 12 (77 FR 66398)

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Table 4-3

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

Enforcement of Control Measures

ADEQ Programs

Statute/Rule Relevant Sections Date approved into the Arizona SIP

§ 49-103 Department employees; legal 11/05/2012 (77 FR 66398)

counsel

§ 49-106 Statewide application ofrules 1 1/05/20 12 (77 FR 66398)

§ 49-107 Local delegation of state 1 1/05/20 12 (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 1/05/20 12 (77 FR 66398)

§ 49-424 Duties of department 1 1/05/20 12 (77 FR 66398)

§ 49-425 Rules; hearing 1 1/05/20 12 (77 FR 66398)

§ 49-433 Special inspection warrant 1 1/05/20 12 (77 FR 66398)

§ 49-435 Hearings on orders of 1 1/05/20 12 (77 FR 66398)

abatement

§ 49-441 Suspension and revocation of 1 1/05/20 12 (77 FR 66398)

conditional order

§ 49-460 Violations; production of 11/05/2012 (77 FR 66398)

records

§ 49-46 1 Violations; order of abatement 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 1/05/20 12 (77 FR 66398)

County Programs

§ 49-473 Board of supervisors 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 of abatement 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)

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Table 4-4

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

Adequate Resources

ADEO Programs

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Statute/Rule Relevant Sections Date approved into the Arizona SIP

§ 28-1253. Registration requirement; 1 1/05/20 12 (77 FR 66398)

exceptions; assessment; violation;

classification

§ 35-3 13. Investment oftrust and 11/05/2012 (77 FR 66398)

treasury monies; loans and securities

§ 49-103 Department employees; legal 1 1/05/20 12 (77 FR 66398)

counsel

§ 49-402 State and county control 1 1/05/20 12 (77 FR 66398)

§ 49-406 Nonattainment area plan 1 1/05/20 12 (77 FR 66398)

§ 49-455 Permit administration fund (A) and (B)(2) 1 1/05/20 12 (77 FR 66398)

§ 49-543. Emissions inspectioncosts; (A) 1 1/05/20 12 (77 FR 66398)

disposition; fleet inspection; certificates

§ 49-544 Emissions inspection fund; 1/22/2003 (68 FR 2912)

composition; authorized expenditures;

exemptions; investment

§ 49-55 1 Air quality fee; air quality 1/22/2003 (68 FR 2912)

fund; purpose

County Programs

§ 49-47 1 Definitions 1 1/05/20 12 (77 FR 66398)

§ 49-478. Hearing board 1 1/05/20 12 (77 FR 66398)

§ 49-479 Rules; hearing 1 1/05/20 12 (77 FR 66398)

§ 49-480.02 Appeals of permit actions 1 1/05/20 12 (77 FR 66398)

§ 49-482. Appeals to hearing board 1 1/05/20 12 (77 FR 66398)

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ADEQ and County Programs

§ 38-101 Definitions 11/05/2012 (77 FR 66398)

§ 38-501 Application of article 1 1/05/20 12 (77 FR 66398)

§ 3 8-502 Definitions 1 1/05/20 12 (77 FR 66398)

§ 38-503 Conflict of interest; 11/05/2012 (77 FR 66398)

exemptions; employment prohibition

§ 3 8-504 Prohibited acts 1 1/05/20 12 (77 FR 66398)

§ 38-505 Additional income prohibited 1 1/05/20 12 (77 FR 66398)

for services

§ 3 8-506 Remedies 1 1/05/20 12 (77 FR 66398)

§ 3 8-507 Opinions ofthe attorney 1 1/05/20 12 (77 FR 66398)

general, county attorneys, city or town

attorneys and house and senate ethics

committee

§ 3 8-508 Authority of public officers 1 1/05/20 12 (77 FR 66398)

and employees to act

~ § 38-509 Filing of disclosures 11/05/2012 (77 FR 66398)

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

Adequate Resources

§ 38-510 Penalties 11/05/2012 (77 FR 66398)

§ 38-511 Cancellation of political 11/05/2012 (77 FR 66398)

subdivision and state contracts;

~——

definition

§ 49-107 Local delegation of state. 1 1/05/20 12 (77 FR 66398)

authority

§ 49-402 State and county control (A)(1) through 6/08/2000 (65 FR 36353)

(A)(7), (B), (C),

§ 49-404 State implementation plan 6/08/2000 (65 FR 36353)

§ 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 the Arizona SIP

§ 49-422 Powers and duties 1 1/05/20 12 (77 FR 66398)

R18-2-313. Existing Source Emission 11/05/2012 (77 FR 66398)

Monitoring

R18-2-327. Annual Emission Inventory 1 1/05/20 12 (77 FR 66398)

Questionnaire

County Programs

§ 49-476.0 1 Monitoring 1 1/05/20 12 (77 FR 66398)

Maricopa County Rules

Rule 100. General Provisions and Section 500 1 1/05/20 12 (77 FR 66398)

Definitions Monitoring and

Records

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Table 4-10

CAA11O(a)(2)(M)

Consultation/Participation by Affected 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 Attainment area 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 of department (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 of supervisors 1 1/05/20 12 (77 FR 66398)

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

• § 49-479 Rules; hearing 1 1/05/20 12 (77 FR 66398)

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

PROGRAM ELEMENTS FOR ARIZONA

Arizona Revised Statutes (ARS), Title 49, “Environment,” divides responsibility and encourages

cooperation for meeting the reqUirements of the CAA among the State, county agencies, and regional

planning organizations. Currently the State and 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 of National Ambient Air Quality Standards and protection

of visibility as required by the Clean Air Act” (ARS §49-404). ADEQ is also responsible for

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

and permits where no local air quality control agency exists. In addition, ADEQ has original jurisdiction

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

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

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

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

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

Two Metropolitan Planning Organizations, the Maricopa Association of Governments (MAG) and the

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

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

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

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

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

these basic elements and are adequate to ensure attainment and maintenance of the 2010 NO2 NAAQS.

‘3
5.1 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 of compliance 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 of the 2010 NO2 air quality standards in all areas of Arizona.

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-106. Statewide application of rules

49-107. Local delegation of state authority

49-402. State and county control

49-404. State implementation plan

49-406. Nonattainment area plan

49-421. Definitions

49-424. Duties of department

49-425. Rules; hearing

For County Programs: [

49-471. Definitions

49-473. Board of supervisors

49-479. Rules; hearing [

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

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

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

upon request.

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

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

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

instruments operated at various network sites. Criteria pollutant concentrations, such as 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 of major 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,

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

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

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

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-404. State implementation plan

49-406(F)(l 1). Nonattainment area plan

49-422(A), (B), (C), (E), (F). Powers and duties; definition

49-424. Duties of department

For County Programs:

49-476.01. Monitoring

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

Section 110 (a)(2)(C) requires states to include a program providing for enforcement of all SiP measures

and the regulation of construction of new or modified stationary sources to meet Prevention of Significant

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 by the governing body

of the agency, its authority for implementing the measure and a program for enforcement of the limitation

or measure. If any agency or entity fails to implement a committed measure, the county is authorized to

file an action in superior court for injunction or any other relief provided by law. Similarly, ifthe county

fails to ensure implementation of measures, the ADEQ Director is authorized, through the State Attorney

General, to seek relief provided by law to ensure implementation of all measures.

Arizona Revised Statutes Title 49, Chapter 3, Articles 1, 2, and 3 establish ADEQ and local agency

authority for preconstruction review and permitting. Under the air permits program, sources that emit

regulated pollutants are required to obtain a permit before constructing, changing, replacing, or operating

any equipment or process which may cause air pollution. This includes equipment designed to reduce air

pollution. Permits are also required if an existing facility that causes air pollution transfers ownership,

relocates, or otherwise changes operations.

ADEQ and county permitting agencies operate air quality permit compliance programs to ensure

implementation of emission limits and other control measures for permitted sources. These programs

include scheduled and unscheduled inspections conducted at major sources annually as well as

compliance assistance initiatives. Permit and SIP enforcement authority is also provided in ARS §~49-

460 through 463, and 49-5 10 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 quality provisions ofthe law.

15
Per 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, Chapter 2, 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) for attainment areas.

On November 5, 2012, the EPA issued the final rulemaking, “Partial Approval and Disapproval of Air

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

respect to those areas under ADEQ and Pinal County jurisdiction, the PSD program requirements of CAA

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 October 29, 2012. ADEQ expects that

the New Source Review SIP revision will bring the State of Arizona’s SIP for areas under the jurisdiction

of ADEQ into compliance with the NSRIPSD requirements of section 1 10(a)(2)(C) and 40 C.F.R. Part 51,

Subpart I, with the exception of the 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) for the GHG NSR and has delegated ADEQ authority to administer that 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 [

11 0(a)(2)(K). 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.

Relevant sections ofArizona Revised Statutes:

‘For ADEQ Programs:

49-103. Department employees; legal counsel

49-106. Statewide application ofrules

49-107. Local delegation of state authority

49-402. State and county control (All sections, but (A)(8))

49-404. State implementation plan

49-406(G)( 1) through (G)(3). Nonattainment area plan

49-422. Powers and duties; definition

49-424. Duties of department

49-425. Rules; hearing

49-433. Special inspection warrant [

49-435. Hearings on orders of abatement

49-441. Suspension and revocation of conditional order

49-460. Violations; production of records

49-461. Violations; order of abatement

49-462. Violations; injunctive relief

49-463. Violations; civil penalties ‘ . [

For County Programs:

49-473. Board of supervisors

16
49-488. Special inspection warrant

49-490. Hearings on orders of abatement

49-495. Suspension and revocation of conditional order

49-502(A), (B), (C). Violation; classification

49-510. Violations; production of records

49-511. Violations; order of abatement

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 or other emissions activity

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

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

prevent significant deterioration of air quality or to protect visibility.

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 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.” 75 FR 6474. NO2 monitoring throughout the 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 of Arizona 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 of Air

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

of nitrogen 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

October 29, 2012. ADEQ expects that the NSR!PSD SIP revision will bring the State of Arizona’s SIP

for areas under the jurisdiction of ADEQ 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 of visibility impairment and to

develop and implement control strategies as required. Requirements include analysis of emissions from

new major sources or sources making major modifications and anticipated impacts on visibility at any

Class I area. Arizona submitted a Regional Haze SIP under 40 CFR 5 1.309 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 5 1.308 on February 28, 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

17
emissions 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 of BART as well as requirements for equipment maintenance, monitoring,

recordkeeping and reporting for all units and all pollutants at the three 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 of any 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 11 0(a)(2)(E) of the 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) of the

Federal Clean Air Act (CAA), as amended in 1990, and the applicable SIP regulations in 40 CFR part 51

(“Requirements for Preparation, Adoption, and Submittal of Implementation Plans”).

CAA section 1 l0(a)(2)(E)(i) requires SIPs to 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) law to carry out such implementation plan ...

The federal regulations in title 40, part 51, subpart 0 of the Code of Federal Regulations (40 CFR

part 51, subpart 0, “Miscellaneous Plan Content Requirements”) include requirements for SIPs

pertaining to funding and personnel. Specifically, 40 CFR 51.280 (“Resources”) requires:

Each plan must include a description of the resources available to the State and local agencies at [

the date of submission of the plan and of any additional resources needed to carry out the plan

during the 5-year period following its submission. The description must include projections of the

extent to which resources will be acquired at 1, 3, and 5-year intervals. [

In the State ofArizona, ADEQ is the primary organization responsible for developing, implementing, and

enforcing the SIP. [

Under ARS § 49-103 “Department employees; legal counsel” the director, “shall employ, determine the

conditions of employment and specif3i the duties of administrative, 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 of this state all actions necessary to carry out the provisions” of Title 49, relating

to the environment.

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

18
from regulated emissions sources, including fees collected to administer permitting programs. Under ARS

§ 49-455 “Permit administration fund,” a permit administration fund is established consisting of fees and

interest collected pursuant to article 2 governing state air pollution control. Under the statute, the director

shall administer the fund subject to annual legislative appropriation. On notice from the director, the state

treasurer shall invest and divest monies in the fund as provided in ARS § 35-313, and monies earned from

investment shall be credited to the fund.

,There is also an emissions inspection fund (see ARS § 49-544) that consists of monies appropriated to the

fund by the legislature; monies collected pursuant to ARS § 49-543(A) concerning vehicle emissions

inspections; monies collected by the director for the issuance of inspection certificates to owners of fleet

emissions inspection stations; monies received from private grants or donations when so designated by

the grantor or donor; and monies received from the United States by grant or otherwise to assist the state

in any emissions inspection program.

A third source of funding 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 quality fee at the time of vehicle

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 of bringing area A or area B into or maintaining attainment status, improving air quality in areas

outside area A and B, and reducing emissions of various 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 of four hundred thousand persons or more.

See §49-5 5 1(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”) under which 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 of air pollution and achievement of the national ambient air quality standards. To

qualify for such grants in a given year, air pollution control agencies must at least maintain the same level

of funding from non-Federal funds for air pollution control programs as for the preceding year. See CAA

section 105(c).

For Maricopa, Pima, and Pinal Counties, ARS § 49-107 “Local delegation of state 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 if the local agency accepts the delegation and

agrees to perform the delegated functions, powers and duties according to the standards of performance

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 ensure that the counties will have adequate personnel and funding to implement

the delegated portions ofthe SIP.

The scope of county 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 of obtaining permits will be approximately equal or be less than the fee or cost of obtaining 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

19
agreements with ADEQ. Other county air quality programs are funded by county fee 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 for plans for the

rest of the State. Under ARS § 49-402(B). Maricopa County Air Quality 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 Area A and in Area B.

ADEQ, MCAQCD, and PDEQ have been administering, implementing, and enforcing air programs

designed to meet the CAA’s SIP requirements for over 40 years., and the funding and personnel described

above for each of the three agencies is adequate to meet the needs of these programs. Over the 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 of the agencies for air pollution control

purposes over that period.

Relevant sections ofArizona Revised Statutes:

For State Programs:

28-2153. Registration requirement; exceptions; assessment; violation; classification

35-3 13. Investment of trust and treasury monies; loan of securities

49-103. Department employees; legal counsel

49-402. State and county control

49-406. Nonattainment area 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. Air quality fee; air quality fund; purpose

For County Programs:

49-479. Rules; hearing

49-478. Hearing board

49-480.02. Appeals of permit actions V 49-482. Appeals to hearing board [

CAA Section 11 0(a)(2)(E)(ii) [

The purpose of 110 (a)(2)(E)(ii) is to provide necessary assurances that any board which approves permits

or enforcement orders represents the public interest and any conflict of interest by board members or an

executive agency head be adequately disclosed.

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 of incorporated cities or towns, of

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

boards,” contains provisions for adequate disclosure of any conflict of interest. In the August 24, 2012

20 V [
Supplement to the 2006 PM2.5 NAAQS and the 1997 8-hour ozone and PM25 NAAQS Infrastructure SIP,

ADEQ submitted certified copies of ARS Title 38, Chapter 3, Article 8, Conflict of Interest of Officers

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 of Air

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 for this element. At this time, ADEQ is working with the EPA and all three counties to remedy

the issue. ADEQ commits to developing the appropriate remedy for any deficiencies outlined by the EPA

and will submit SIP revisions as appropriate within the required timeframe.

Relevant sections ofArizona Revised Statutes:’

For State and County Programs:

38-101 Definitions

Title 38, Chapter 3, Article 8, Conflict of Interest of Officers 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 responsibility for ensuring adequate implementation of SIP provisions.

Relevant sections of Arizona Revised Statutes:

49-107. Local delegation of state 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 of emissions as, well as correlation of such reports

by the state agency with any emission limitations or standards.

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

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

reasonably attributable to that source.

On November 5, 2012, the EPA issued the final rulemaking, “Partial Approval and Disapproval of Air

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

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

S113 revisions as appropriate within the required timeframe.

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

Statutes:

49-422. Powers and duties; definition

Rules:

R18-2-313. Existing Source Emission Monitoring

Ri 8-2-327. Annual Emission Inventory Questionnaire

For County 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 11 0(a)(2)(G) requires states to provide for authority to address activities causing imminent and

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

episode provisions in their SIPs.

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

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

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

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

Emergency Episodes” (approved into the SIP as AAC R9-3-219 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 of industrial 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 County Air 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, Chapter 2. Ambient Air Quality Standards, Article 7. Air Pollution Emergency Episodes5).

On October 15, 2012, the EPA approved into the Arizona SIP, the Arizona Emergency Episode Plan,

which EPA found 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—2 19, “Air pollution emergency

episodes”), which EPA approved in 1982 (47 FR 42572, September 28, 1982), and revisions submitted on

~ Maricopa County Rule 600 was adopted 7/13/1988 and approved by EPA into the SIP 3/18/1999. in 64 FR 13351.

5Pinal County Rules were adopted 6/29/1993 and approved by EPA into the SIP on 12/20/2000 in 65 FR 79742. [

22
August 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 of the original and is an official publication of ADEQ, and 2) the

document titled, “Procedures for Prevention of Emergency Episodes,” 1988 edition, ADEQ. 77 FR at

62454.

Relevant sections ofArizona Revised Statutes:

For ADEQ Programs:

Statutes:

49-462. Violations; injunctive relief

49-465. Air pollution emergency

Rules:

R9-3-2 15. Ambient Air Quality Monitoring Methods & Procedures

R9-3-219. Air pollution emergency episodes

R18-2-220 Air pollution emergency episodes

Air Quality Monitoring Procedures Manual (submitted to supplement already approved rule R9-3-2 15).

For County Programs:

49-5 12. 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 or availability of improved methods for attaining the NAAQS. This Section also requires states

to provide for plan revisions to ensure the adequacy of the plan to attain the air quality standards or to

otherwise comply with any additional requirements established under the Clean Air Act.

Arizona Revised Statutes contain authority to revise the Arizona SIP to comply with the requirements of

the CAA including changes in the NAAQS. Under ARS §49-404, ADEQ is required to “maintain a state

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

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

Relevant sections of Arizona Revised Statutes:

49-404. State implementation plan

49-406. Nonattainment area plan

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

Section Ii 0(a)(2)(I) requires nonattainment area plans to meet the applicable requirements of CAA Title

1, Part D relating to nonattainment areas.

EPA’s October 2, 2007 guidance notes that “the specific nonattainment area plan requirements of section

23
11 0(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 11 0(a)(2)(I) are the 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 if NAAQS are exceeded in an area and to enhance public

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

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

deterioration of air quality and visibility protection. 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 of affected

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

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

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

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

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

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-1 04(A)(2), (A)(4), (B)(3) and (B)(5). Powers and duties ofthe department and director

49-405. Attainment area designations

49-406. Nonattainment area plan

49-424. Duties of department

49-425. Rules; hearing

For County Programs: V 49-473. Board of supervisors V 49-474. County control 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 calendar year, to advise the public of health hazards associated

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

The results of air quality monitoring conducted throughout Arizona, including NO2 data, are published in

ADEQ’s Air Quality Annual Reports. Air quality forecasts, which include actual ambient air quality data

for the preceding day, are made available to the public daily. The annual reports, daily forecasts, and

other air quality information including tips for reducing pollution are available on the ADEQ Web site.

ADEQ, and those counties with authority to implement portions of the SIP (Maricopa, Pinal, and Pima

24
counties), certify to do now and will continue to notify the public on a regular basis of instances or areas

in which any primary NAAQS was exceeded, consistent with the requirements of sections 11 0(a)(2)(J)

and 127 of the Federal Clean Air Act. Such notifications are and will be available on the state and county

air quality websites, which are updated daily to identify exceedances of the NAAQS that occurred during

the preyious day or any portion of the preceding calendar year. We commit to continue, through these

websites, to advise the public of the health hazards associated with such exceedances and to increase

public awareness of: (1) measures which can be taken to prevent a primary standard from being exceeded,

and (2) ways in which the public can participate in regulatory and other efforts to improve air quality.

Relevant sections of Arizona Revised Statutes:

4 9-424. Duties of department

Clean Air Act, Title 1, Part C includes provisions relating to prevention of significant deterioration of air

quality and visibility protection. 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 respect to those areas under ADEQ and Pinal County jurisdiction, the PSD

program requirements of CAA sections 11 0(a)(2)(C), 11 0(a)(2)(D)(i)(II), 11 0(a)(2)(D)(ii), 11 0(a)(2)(J),

and 11 0(a)(2)(K) regarding regulation of nitrogen oxides (NO~) as an ozone precursor, regulation of fine

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 for areas under the jurisdiction of ADEQ 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 of visibility impairment and to

develop and implement control strategies as required. Requirements include analysis of emissions from

new major sources or sources making major modifications and anticipated impacts on visibility at any

Class I area. A more detailed discussion of Arizona’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

effect of emissions on ambient air quality and to submit data related to the modeling to EPA upon request.

Arizona retains authority to perform air quality modeling for predicting the effect of emissions on

ambient air quality. Where applicable, all modeling analyses for demonstrating attainment and

maintenance of the NAAQS meet EPA’s most recent guidance on air quality models. All information and

data are made available to EPA as required.

As stated above in Section 5.3, 5.4 and 5.10, 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 for areas under the jurisdiction of ADEQ into compliance with the NSRIPSD requirements

of section 11 0(a)(2)(K) and 40 C.F.R. Part 51, Subpart I, with the exception of the requirements

25
pertaining to greenhouse gases (GHGs).

Relevant sections ofArizona Revised Statutes:

For ADEQ Programs:

49-406(A), (E), (F)(8), (F)(9). Nonattainment area plan

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 of department

For County Programs:

49-473. Board of supervisors

49-474. County control boards

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

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

fees to the permitting authority to cover the cost of reviewing, approving, implementing and enforcing 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 of permitting fees under the state’s EPA-approved Title V permit program. See

40 CFR 70.9 (‘Fee determination and certification’), and 40 CFR Part 70, Appendix A, ‘Approval Status

of State and Local Operating Permits Programs’.”. [

Arizona received interim approval for the federal Title V permit program, established by the 1990 Federal

Clean Air Act Amendment. 61 FR 55915 (October 30, 1996). The interim approval of the ADEQ Title V

program became effective on Nov. 29, 1996. EPA fully approved the Title V operating permits programs

for ADEQ, Maricopa County, Pima County, and Pinal County effective November 30, 2001. 66 FR

63175 (December 5, 2001) and 66 FR 63166 (December 5, 2001). Subsequently, on May 17, 2005, EPA

issued a notice of deficiency with respect to certain elements of Maricopa County’s Title V operating

permits program, including the permit fee requirements. 70 FR 32243 (June 2, 2005). Following EPA’s

performance of a Title V program evaluation and the Maricopa County Air Quality Department’s

(MCAQD) subsequent submittal of corrections to address the identified deficiencies, EPA issued a notice

of resolution explaining EPA’s bases for concluding that the MCAQD had resolved all of the issues

identified in EPA’s May 17, 2005 notice of deficiency. 71 FR 67061 (November 20, 2006). Thus, all of

the Arizona permitting agencies currently implement fully approved fee programs under Title V of the

CAA.

5.13 CAA Section 1 1O(a)(2)(M) — Consultation/Participation by Affected Local Entities

Section 11 0(a)(2)(M) requires states to provide for consultation and participation in SIP development by

6Guidance On Infrastructure State Implementation Plan (SIP) Elements Required Under Sections 1 10(a)(1) and

11 0(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS), dated October 14, 2011. [

26
local political subdivisions affected by the plan.

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

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

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

well as implementation assistance. Opportunity for comment is also provided through stakeholder

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

other local political entities prior to adoption of any plan revisions.

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

49-1 04(A)(2), (A)(4), (B)(3) and (B)(5). Powers and duties of the department and director

49-405(B)(2)(6). Attainment area designations

49-406(C), (D), (E), (F). Nonattainment area plan

49-424(8), (10). Duties of department

49-425(B), (D). Rules; hearing

For County Programs:

49-473. Board of supervisors

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 of Arizona

State and local air quality management programs, in conjunction with the updated NSR/PSD SIP

submitted on October 29, 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
I

1* [LLLL
Appendix A

Authorizing Statutes
(This Page Intentionally Left Blank) [III[

I.

1* [LLLLL
49-104. Powers and duties of the 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 of the

agencies, persons and enterprises.

3. Conduct research on its own initiative or at the request of the governor, the

legislature or state or local agencies pertaining to any 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 of the

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 of this state.

7. Promote and coordinate the protection and enhancement of the quality of water

resources consistent with the environmental policy of this 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 for the prevention and abatement of all water and air pollution including

that related to particulates, gases, dust, vapors, noise, radiation, odor, nutrients

and heated liquids in accordance with article 3 of this chapter and chapters 2 and 3

of this title.

11. Promote and recommend methods for the recovery, recycling and reuse or, if

recycling is not possible, the disposal of solid 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 of the 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 of the department’s

duties and that relate to quality of life, trade and economic development in this

state in a manner that will help the Arizona-Mexico commission to assess and
enhance the economic competitiveness of this state and of the 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 for the services of outside 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 of communication, publication and exhibition when

disseminating information, advertising and publicity in any field of its purposes,

objectives or duties.

4. Adopt procedural rules that are necessary to implement the authority granted

under this title, but that are not inconsistent with other provisions of this title.

5. Contract with other agencies, including laboratories, in furthering any

department program.

6. Use monies, facilities or services to provide matching contributions under federal

or other programs that further the objectives and programs of the 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 of this 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 if the director has reasonable cause

to believe that a violation of any environmental law or rule exists or is being

committed on the premises. The director shall give the owner or operator the

opportunity for its representative to accompany the director on an examination of

those premises. Within forty-five days after the date of the examination, the

department shall provide to the owner or operator a copy of any report produced as

a result of any examination of the premises.

9. Supervise sanitary engineering facilities and 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, if the director

determines that owning, leasing or operating is necessary for the 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 of water used in

public or semipublic swimming pools and bathing places and to prevent deleterious

conditions at such places. The rules shall prescribe minimum standards for the

design of and for sanitary conditions at any public or semipublic swimming pool or

bathing place and provide for abatement as public nuisances of premises and

facilities that do not comply with the minimum standards. The rules shall be

developed in cooperation with the director of the department of health services and

shall be consistent with the rules adopted by the director of the department of

health services pursuant to section 36-136, subsection H, paragraph 10.

13. Prescribe reasonable rules regarding sewage 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 wastewater treatment 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 of a fee

as a condition of licensure. After the effective date of this amendment to this

section, the department shall establish by rule a fee as a condition of licensure,

including a maximum fee. As part of the rule making process, there must be public

notice and comment and a review of the rule by the joint legislative budget

committee. After September 30, 2013, the department shall not increase that fee

by rule without specific statutory authority for the increase. The fees shall be
deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund

established by section 49-881.

15. Perform the responsibilities of implementing and maintaining a data automation

management system to support the reporting requirements of title III of the

superfund amendments and reauthorization act of 1986 (P.L. 99-499) and title 26,

chapter 2, article 3.

16. Approve remediation levels pursuant to article 4 of this chapter.

17. Establish or revise fees by rule pursuant to the authority granted under title 44,

chapter 9, article 8 and chapters 4 and 5 of this title for the department to

adequately perform its duties. All fees shall be fairly assessed and impose the least

burden and cost to the parties subject to the fees. In establishing or revising fees,

the department shall base the fees on:

(a) The direct and indirect costs of the department’s relevant duties, including

employees salaries and benefits, professional and outside 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 of the

applicable regulatory program.

(b) The availability of other funds for the duties performed.

(c) The impact of the fees on the parties subject 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 cover the costs of all permits and inspections it performs to

ensure compliance with rules adopted under section 49-203, except that state

agencies are exempt from paying the fees. Monies collected 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 for the purposes of assisting the department in

reviewing applications for licenses, permits or other authorizations to determine

whether an applicant meets the criteria for issuance of the license, permit or other

authorization. If the department contracts with a consultant under this paragraph,

an applicant may request that the department expedite the application review by

requesting that the department use the services of the consultant and by agreeing

to pay the department the costs of the 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. If the 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 or vehicle

as reasonably necessary to protect the environment if a violation exists.

2. Authorize in writing any qualified officer or employee in the department to

perform any act that the director is authorized or required to do by law.

L
49-106. Statewide application of rules

The rules adopted by the department apply and shall be observed throughout this

state, or as provided by their terms, and the appropriate local officer, council or

board shall enforce them. This section does not limit the authority of local

governing bodies to adopt ordinances and rules within their respective jurisdictions

if those ordinances and rules do not conflict with state law and are equal to or more

restrictive than the rules of the 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 of visibility 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 their terms, except to the extent otherwise

provided by the clean air act, inconsistent with any provision of the clean air act, or

revised by the administrator. No control requirement in effect, or required to be

adopted by an order, settlement agreement or plan in effect, before the enactment

of the 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 of the air pollutant.

The director shall evaluate and adopt revisions to the plan in conformity with

federal regulations and guidelines promulgated by the administrator for those

purposes until the rules required by subsection B are effective.

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 for that area under 23 United States Code section 134 as the agency

responsible for the development of a nonattainment or maintenance area plan for

that area.

B. For any ozone, carbon monoxide or particulate nonattainment or maintenance

area for which no metropolitan planning organization exists, the department shall

be certified as the agency responsible for development of a nonattainment or

maintenance area plan for that area.

C. For any ozone, carbon monoxide or particulate nonattainment or maintenance

area, the department, the planning agency certified pursuant to subsection A of this

section on behalf of elected officials of affected local government, the county air

pollution control department or district, and the department of transportation 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 of this section, the

department, the planning agency certified pursuant to subsection A of this section

on behalf of elected officials of affected local government, the county air pollution

control department or district, and the department of transportation 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 or the state.

E. The department, the planning agency certified pursuant to subsection A of this

section on behalf of elected officials of affected local government, the county air

pollution control department or district, and the department of transportation shall

enter into a memorandum of agreement for the purpose of coordinating the

implementation of the procedures described in subsection C and D of this section.

F. At a minimum, the memorandum of agreement shall contain:

1. The relevant responsibilities and authorities of each of the coordinating agencies.

2. As appropriate, procedures, schedules and 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 for tracking 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 of the 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 of the

agency. The resolution shall specify the following:

1. Its authority for implementing the limitation or measure as provided in statute,

ordinance or rule.

2. A program for the enforcement of the limitation or measure.

3. The level of personnel and funding allocated to the implementation of the

measure.

H. The state, in accordance with the rules adopted pursuant to section 49-404, and

the governing body of the 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 of a nonattainment or maintenance area plan, if on the basis of

the reasonable further progress determination described in subsection F of this

section or other information, the control officer determines that any person has

failed to implement an emission limitation or other control measure, means or

technique as described in the resolution adopted pursuant to subsection G of this

section, the control officer shall issue a written finding to the person, and shall

provide an opportunity to confer. If the control officer subsequently determines that

the failure has not been corrected, the county attorney, at the request of the

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 of this

section or other information, the director determines that any person has failed to

implement an emission limitation or other control measure, means or technique as

described in the resolution adopted pursuant to subsection G of this section, and

that the control officer has failed to act pursuant to subsection I of this section, the

director shall issue a written finding to the person and shall provide an opportunity

to confer. If the director subsequently determines that the failure has not been

corrected, the attorney general, at the request of the 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 of this 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 of the 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. If the governor does not

designate an agency, the department shall be certified as the agency responsible

for the 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 of the state or any portion thereof and shall adopt, modify, and

amend reasonable standards for the quality of, and emissions into, the ambient air

of the state for the 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 after the 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.

F

F

[

[

Ii

L

L

[

L
Appendix B

Letterfrom Janice K. Brewer, Governor, to Jared Blumenfeld, RegionalAdministrator, EPA,

subject: Nitrogen Dioxide Designation Recommendations, dated January 4, 2011.
(This Page Intentionally Left Blank)

L

I
STATE OF ARIZONA

- JANICE K. BREWER

GovE1~oR

EXECUTIVE OFFICE

Jared Blumenfeld, Regional Administrator

EPA Region LX

75 Hawthorne Street

San Francisco, CA 94105-390 1

January 4, 2011

Subject: Nitiogen Dioxide Designation Recommendations

Dear Mr. Blumenfeld:

Pursuant to Section 107(d) of the Clean Air Act, in response to your correspondence dated

November 12, 2010, and because the existing Nitrogen Dioxide (NO2) monitoring network does not

provide adequate information to determine whether the new national air quality standard is being met,

Arizona recommends the following designations for the National Ambient Air Quality Standard for NO2

that’ was promulgated in January 2010. These recommendations exclude Jndian Country, over which

Arizona does not have jurisdiction.

Apache County

Cochise County

Coconino County

Gila County

Graham County

Greenlee County

La Paz County

Maricopa County

Mohave County

Navajo County

Pima County

Pinal County

Santa Cruz County

Yavapai County

Yuma County

Unclassifiable

Unclassifiable

Unclassifiable

Unclassifiable

Unclassifiable

Unclassifiable

Unclassifiable

Unclassifiable

Unclassifiable

Unclassifiable

Unclassifiable

Unclassifiable

Unclassifiable

Unclassifiable

Unclassifiable

By the end of calendar year 2015, Arizona expects to have additional monitoring information that

will support recommendations of attainment or nonattainment status for some of the Counties above.

Based upon that information, Arizona will submit the appropriate revised recommendations.

1700 WEST WASHINGTON STREET, PHOENIX, ARIZONA 85007

602-542-4331 ‘ F~.x 602-542-7602

Jared Blumenfeld

January 4, 2011

Page 2 of 2

Should you have further questions, please contact Henry Darwin, Acting Director of the Arizona

Department of Environmental Quality (ADEQ), at (602) 771-2204 or Eric Massey, Director ofADEQ ‘S

Air Quality Division (602) 771-2288.

Janice K. Brewer

Governor

cc: Deborah Jordan, EPA Region IX

Colleen McKaughan, EPA Region IX

William Wiley, Maricopa County Air Quality Department

Ursula Kramer, Pima County Department ofEnvironmental Quality

Don Gabrielson, Pinal County Air Quality Control District
r n— r r r -~ — 
Appendix C

Letterfrom Jared Blumenfeld, RegionalAdministrator, EPA, to Janice K Brewer, Governor, re:

designations ofAllAreas ofArizona as Unclass~flable/Attainmentfor Nitrogen Dioxide NAAQS,

dated June 29, 2011.
(This Page Intentionally Left Blank) [IIII[FI

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~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 Honorable Janice Brewer

Governor of Arizona

1700 West Washington

Phoenix, Arizona 85007

Dear Governor Brewer:

I am writing to notify you of the U.S. Environmental Protection Agency’s (EPA’s) intention to designate

all areas of Arizona as unclassifiable/attainment for the revised primary National Ambient Air Quality

Standard (NAAQS) for nitrogen dioxide (NO2) using the boundaries your State recommended in

January 2011 or any revised boundaries that you submit in response to this letter. I am also writing to

thank you for your previous recommendations, to provide you an opportunity to revise your previous

recommendations for area boundaries, and to inform you of our approach for completing the

designations for the revised NO2 NAAQS.

On January 22, 2010, the EPA strengthened the health-based NAAQS for NO2 by setting a new 1-hour

NO2 standard at the level of 100 parts per billion (ppb). The EPA also retained the annual NO2 standard

of 53 ppb. This suite of standards will protect public health by limiting people’s exposures to short-term

peak concentrations of NO2 and by limiting community-wide NO2 concentrations to levels below those

that have been linked to respiratory-related emergency department visits and hospital admissions in the

United States. To determine compliance with the new standard, the EPA established new ambient air

monitoring and reporting requirements for NO2. In urban areas, monitors are required near major roads

as well as in other locations where maximum concentrations are expected. Additional monitors will be

required in some large urban areas to measure the highest concentrations of NO2 that occur more

broadly across communities.

In our November 2010 letter to you requesting your designation recommendations, the EPA stated that

we anticipated designating most areas of the country as “unclassifiable,” indicating that there are

insufficient data to determine whether or not an area is 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 not be effective until January 2013, so air

quality data from these new monitors would not be available to inform initial designations; and (2) the

NO2 monitors in the existing NO2 network do not provide adequate evidence to determine whether or

not the new NAAQS is met at other locations, especially those closer to NO2 emission sources such as

roadways.

After reviewing all the recommendations we received including Arizona’s, the EPA now intends to

designate all areas of the country as “unclassifiable/attainment.” The EPA is making this change

because, based on the most recent air quality data from 2008-2010, all monitored areas in the country

meet the 2010 NO2 NAAQS. While the EPA acknowledges that the existing NO2 monitoring network

Printed on ReL ded Paper
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does not provide adequate evidence to determine whether or not the new NAAQS is met everywhere,

there currently is no evidence of violations anywhere in the country. Based on this, the EPA believes

“unclassifiable/attainment” is the most appropriate designation to use at this time. The EPA intends to

redesignate areas, as appropriate, after sufficient air quality data from the new monitoring network are

available.

The EPA intends to designate all areas of Arizona as unclassifiable/attainment using the boundaries you

recommended to the EPA in January 2011 or any revised boundaries you may provide in response to

this letter. As we did in our November 2010 letter, EPA recommends that each state carefully consider

the implications of the boundaries it selects for its Prevention of Significant Deterioration permitting

program for new or modified sources to ensure that they are consistent with its objectives for managing

air quality deterioration and economic growth.

If your State has additional information that you want the EPA to consider with respect to the

designations including any revisions to your recommended boundaries, please submit it to us by August

29, 2011. We are also making the EPA’s preliminary designation decisions and supporting

documentation available to the general public for review. We are accepting public comments on our

preliminary decisions for 30 days after the notice of their availability is published in the Federal

Register. We will review any information we receive from the state of Arizona and the general public by

these dates. We plan to promulgate the final designations by October 31, 2011.~

Thank you again for your January 2011 recommendations for designations for the new 1-hour NO2

NAAQS. We look forward to a continued dialogue with you and your staff as we work together to

implement this NAAQS. Should you have any questions, please do not hesitate to call me, or have your

staff contact Deborah Jordan of my staff at (415) 947-8715.

cc: Henry Darwin,

Director, ADEQ

Eric Massey

Director, Air Quality Division, ADEQ

Nancy Wrona

Policy Advisor, ADEQ

Sincerely,
L
Appendix B

ADEQ’s Public Process Documentation

(Public Hearing Agenda, Sign-In Sheet, Hearing Officer Certjfication, Hearing Script, and

Affidavit ofPublication)
(This Page Intentionally Left Blank)

I

L
ADEQ~

Janice K. Brewer Governor Public Hearing Agenda

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

AMBIENT AIR QUALITY STANDARDS, PARALLEL PROCESSING VERSION

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

Conference Room 3175

Friday, January 18 ,2013, at 9:00 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 of the Oral Proceeding

3. Procedure for Making Public Comment

4. Brief Overview ofthe proposed SIP revision

5. Question and Answer Period

6. Oral Comment Period

7. Adjournment of Oral Proceeding

Copies of the proposal are available for review at the Arizona Department of Environmental 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 a disability may request a 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 early as possible to allow sufficient time to make the arrangements for the accommodation. This

document is available in alternative formats by contacting ADEQ TDD phone number at (602) 771-4829.
fl~ E ‘1 Efl EJZ flE~ EEE’~ fln r~
Please Sign In

Sign—In Sheet

O~~~ ~S? \~(o~ (~~(2~ATE

ORGANIZATION E-MAIL

ment 

tal

Air Quality Division

PHONE

~

FAX
I
Arizona

ADEQ~

Department

ofEnvironmental Quality ~

Air Quality Division

Public Hearing Presiding Officer Certification

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 of the

public record through concluding remarks and adjournment, and the transcript provided contains

a full, true, and correct record ofthe above-referenced public hearing.

Dated this I ~ day of ~4J U Pr&~f

Wayne Bixier

State ofArizona )

)ss.

County of Maricopa )

Subscribed and sworn to before me on this _____ day of ~/~.

“~NotaryP~?~

My Commi$610n Expires 0410212016 . . / /

My conmussion expires: 7 -
I
1 PROPOSED ARIZONA AIR QUALITY

2 STATE IMPLEMENTATION PLAN (SIP)

HEARING ON PROPOSED REVISION TO THE ARIZONA STATE

4 IMPLEMENTATION PLAN UNDER CLEAN AIR ACT SECTION 110 (a)( 1)

— 5 AND (2): IMPLEMENTATION OF: 2010 NO2 NATIONAL AMBIENT AIR

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, thank you for coming. I now open this hearing on

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

16 Clean Air Act (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 at this proceeding.

23

24 The purposes ofthis proceeding are to provide the public an opportunity to:

25 (1) hear about the substance ofthe proposed SIP revision,

26 (2) ask questions regarding the revision, and

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

2 comments on the record.

3

4 Representing the 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 of the proposal were made available at the ADEQ Phoenix office at

9 the ADEQ Records Center and on ADEQ’s website.

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

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

16 the comment period for the 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 whether sent via U.S. mail or via e-mail or via 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 of a responsiveness summary in which the Department responds in

27 writing to written and oral comments made during the formal comment period.

2
Ei ~flflfl~r ~Efl[~]E ~ __ 
1

2 The agenda for this hearing is simple. First, we will present a brief overview ofthe

3 proposed revision to the SIP.

4

5 Second, I will conduct a question and answer period. The purpose of the 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 order that I have received speaker slips.

11

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

13 Department to formally consider must be given either in writing or on the record at

14 today’s hearing during the oral comment period of this proceeding.

15

16 At this time, Ms. Dancho will give a brief overview of the 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 of this revision to the SIP under 40 C.F..R.

27 Part 51, Appendix V, § 2.3.1 pending completion of the State’s public notice and

3
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1 public hearing requirements. ADEQ will submit a final version of this SIP when

2 public process has been completed.

3

4 *****

5

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

7 proposed revision to the SIP.

8

9 *****

-‘ 10

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

12

13 Hearing none, this concludes the question and answer period of this proceeding on

14 the proposed revision to the SIP.

15

16 *****

17

18 I now open this proceeding for oral comments.

19

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

21 the oral comment period of the proceeding.

22

23 *****

24

25 If yoU have not already submitted written comments, you may submit them to me

26 at this time. Again, the comment period for this proposed revision to the SIP ends

27 January 18th, 2013 at 5:00 p.m.

4
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1

2 There is no one present.

3

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

5

5
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C: LL
ARIZONA DEPARTMENT OF

ENVIRONMENTAL QUALITY

30 DAY PUBUC COMMENT

PERIOD AND HEARING ON

PROPOSED REVISION TO THE ARIZONA STATE IMPLE

MENTATION PLAN UNDER

CLEAN AIR ACT SECTION

110 (a)(1) AND (2): IMPLE

MENTATION OF: 2010 N02

NATIONAL AMBIENTAIR

QUALITY STANDARDS.

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,

for the 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

dur 40 CFR 51 Appendix Von

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

at the public hearing to sub

mit relevant comments, da

ta, and views, orally and In

writln~. Written comments

may be submitted prior to

or during the public hearing

and mast be postmarked or received by at ADEQ by 5:00

pm. ofl January18, 2013.. Written comments should

be addressed, faxed, or e

mailed to:

Danluile M Danclio -

Air QualIty Legal Support Section

Arizona Department of EnvI

ronmentai Quality -

1110W. Washington St

Phoenix, AZ 85007

FAX: (602) 771-2366

E-Mail: Dancho.Danielle@az

deq~ov CopIes of the SiP proposal

are available for review on

line at the foliowing 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 Records Center

First Floor, 1110 W. Wash

ington Street

Phoenix, ArIzona 85007

Attentiun: Norleen Lure,

(602)771-4712 Pub: December 14,17,2012

30 1 ~

AFFIDAVIT OF PUBLICATION

THE ARIZONA REPUBLIC

STATE OF ARIZONA

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 a true copy of the advertisement

published in the said paper on the dates as indicated.

The Arizona Republic

I

December 14, 17, 2012

Sworn to before me this 17st day of

DecemberA.D. 2012

BRIAN BIWNGS

- ~ ~ Notary Pu’~,c - Arizona

~: ~~My Com~ Ex~s1s JW25, 2O~ -, -~- —-~~ ~