ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY

Fife Svrnington, Ge,vemor Edward Z. Fnx, Directnr

August 15, 1994

Ms. Felicia Marcus

Regional Administrator

U.S.E.P.A. Region IX

75 Hawthorne Street

San Francisco, California 94105

RE: Submittal of State Implementation Plan - New Source Review and Prevention of

Significant Deterioration (NSRJPSD) Program for Major Sources and Major

Modifications and New Source Review (NSR) for Minor Sources

Dear Ms. Marcus:

Consistent with the provisions of Arizona Revised Statutes (ARS) § 49-404 and 406 (See

Attachment 1), 40 CFR, Part 51, Subparts F and I, the Arizona Department of Environmental

Quality (ADEQ) hereby submits to the U.S. Environmental Protection Agency five copies of the

State’s statutes and rules governing permits for stationary and portable air pollution sources as

a revision to the State Implementation Plan (SIP). This submittal is intended to meet all

applicable requirements of Title I of the Clean Air Act with respect to New Source Review

(NSR) and Prevention of Significant Deterioration (PSD).

The following constitutes a description of the contents, geographic scope and applicability of this

submittal.

Contents

This submittal includes a number of attachments, as follows:

Attachment 1 ARS, Title 49, Chapter 3, Articles 1 and 2

Attachment 2 NSR and SIP Completeness Checklist

Attachment 3 NSR Checklist

3033 North Central Avenue, Phoenix Ari:oiia 85012, (602)207-2300
Ms. Felicia Marcus

August 15, 1994

Page 2

Attachment 4 Certified Rules, including evidence of compliance with Arizona Administrative

Procedures Act

Attachment 5 ADEQ permit rules identifying portions to be included in the applicable SIP for

the purposes of NSRJPSD for Major Sources

Attachment 6 ADEQ permit rules identifying portions to be included in the applicable SIP for

the purposes of NSR for Minor Sources

Attachment 7 Evidence that public participation requirments of 40 CFR 51.102 are satisfied:

A) Public Notice

B) Evidence of Public Hearing

C) Written Comments Received

D) Response to Comments

Geographic Scope

In this submittal, ADEQ is requesting approval of Major Source NSRJPSD and Minor Source

NSR for the entire State, excluding Indian Reservations. This is being sought for two reasons:

1. § 1 10(a)(2)(E) of the Clean Air Act requires the State to assure adequate implementation

of plan revisions being implemented by local governments, and, as such, ARS §49-

402(B) authorizes the Director of ADEQ to assert jurisdiction over sources subject to

county jurisdiction; and

2. ARS §49-402(A) provides ADEQ original jurisdiction over certain classes of major

stationary sources and all portable sources.

In requesting approval Statewide, ADEQ recognizes that Maricopa, Pima and Pinal counties

currently possess jurisdiction over minor sources within their boundaries, and have acquired, or

are in the process of acquiring jurisdiction over major sources, as provided in ARS §49-402(A).

All necessary submittals to perfect approval of their NSR and PSD programs will be submitted

under separate cover.

Applicability

Arizona does not have the authority to issue permits for approvals to construct that are separate

and distinct from operating permits. Also, permiting requirements for major sources and

modifications, and those for minor sources are substantially similar. As a result, the
Ms. Felicia Marcus

August 15, 1994

Page 3

demarcation of Title I permits requirements (the SIP program) and Title V permitting

requirements (a delegated program) is not readily apparent. ADEQ has provided EPA with

specific guidance on which portions of the State permitting program are to be included in the

applicable SIP. Attachments 5 and 6 identify those portions of the rules that are being submitted

into the SIP and their applicability with respect to classification as Major Sources/Modifications

(Attachment 5) or Minor Sources (Attachment 6). Portions of the rules proposed for exclusion

from the applicable SIP relate only to requirements outside of Title I, Parts C and D, and

implementing federal regulations.

If you have any questions regarding this submittal, please call Nancy Wrona, at (602) 207-2308,

or Ira Domsky, at (602) 207-2365.

Thank you for your consideration in this matter.

Sincerely,

frEdward Z. Fox

Director

Attachments

c: Nancy Wrona

Ira Domsky

Ken Bigos