p

of Environmental Quality

Final Revision to the Arizona State Implementation

Plan under

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

Implementation of

2008 8-Hour Ozone National Ambient Air Quality Standards

Air Quality Division

December 2012
[
2.0 CRITERIA 13.0 REGULATORY BACKGROUND 3

4.0 SUMMARY AND DISCUSSION OF THE CURRENT REVISION TO ARIZONA’S

“INFRASTRUCTURE” SIP 6

5.0 ANALYSIS OF CLEAN AiR ACT SECTION 1 10(a)(2) AR QUALITY

CONTROL PROGRAM ELEMENTS FOR ARIZONA 145.1 CAA Section 11 0(a)(2)(A) — Control Measures and Emission Limits 15

5.2 CAA Section 11 0(a)(2)(B) — Ambient Air Quality Monitoring 155.3 CAA Section 11 0(a)(2)(C) — Enforcement of Control Measures 16

5.4 CAA Section 11 0(a)(2)(D) — Interstate Transport 18

5.5 CAA Section 11 0(a)(2)(E) — Adequate Resources 185.6 CAA Section 110(a)(2)(F)— Emissions Monitoring and Reporting 22

5.7 CAA Section 11 0(a)(2)(G) — Emergency Powers 23

5.8 CAA Section 11 0(a)(2)(H) — Plan Revisions 245.9 CAA Section Ii 0(a)(2)(I) — CAA Title 1, Part D Nonattainment

Area Requirements 24

5.10 CAA Section 11 0(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 265.12 CAA Section 1 10(a)(2)(L) — Pennit Fees 26

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

Affected Local Entities 27

6.0 CONCLUSION 27
11
2.3.1. ADEQ has completed the State

s public notice and public hearing requirements and has attached

documentation as Appendix D.

Section 2.0 ofthis document addresses the criteria 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 Lherl 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 PM2.5NAAQS, and the 1997 8-hour ozoneNAAQS, submitted on August 24, 2012. The EPA approved the certified statutes and rules into theArizona 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 willagain reference these as they are important to the approval ofthis SIP revision. Those statutes are § § 49-

402, -404, and -406, approved by EPA on June 8, 2000 (65 FR 36353) and § 49-543, -544, and -551

approved by EPA on January 22, 2003 (68 FR 2912).

R9-3-219, “Air pollution emergency episodes” was approved by the EPA on September 28, 1982. 47 FR42572. R9-3 -215, “Ambient air quality monitoring methods & procedures”, was approved by the EPA onOctober 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 August30, 2012, and were approved by the EPA on October 15, 2012. 77 FR 62452. All ofthese rules and the

manual, along with § 49-462, -463, and -512, comprise the approved Arizona Emergency Episode Plan

that is incorporated by reference into this SIP.

2.1(c) Evidence that the State has the necessary legal authority under Statelaw to adopt and implement the plan.
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(1) Evidence that public notice was given of the proposed change

consistent with procedures approved by EPA, including the date of

publication ofsuch notice.

Not required 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.

Ozone.

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). U

Not applicable.

2.2(c) Quantification 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.

2 u
2.2(e) Modeling information required to support the proposed revision,including input data, output data, models used, justification of model

selections, ambient monitoring data used, meteorological data used,

justification for use of offsite data (where used), modes of models used,

assumptions, and other information relevant to the determination of

adequacy ofthe modeling analysis.

Not applicable.

2.2(1) Evidence, where necessary, that emission limitations are based on

continuous emission reduction technology.

Not applicable.

2.2(g) Evidence that the plan contains emission limitations, work practice

standards and recordkeeping/reporting requirements, where necessary, to

ensure emission levels.

See below sections 5.1, 5.2, 5.3 and 5.6.

2.2(h) Compliance/enforcement strategies, including how compliance will

be determined in practice.

See below sections 5.3 and 5.5.

2.2(i) Special economic and technological justifications required by any

applicable EPA policies, or an explanation of why such justifications are not

necessary.

No known deviations.

3.0 REGULATORY BACKGROUND

Clean Air Act Section (CAA) 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 O(a)(2)(A) through (M), include provisions for monitoring, emissions inventories, and modeling designed to assure attainment and maintenance ofthe NAAQS.

On March 27, 2008, the U.S. Environmental Protection Agency (EPA) issued new NAAQS for 8-hourozone. The EPA revised both the primary and secondary standard for ozone, making the level of the 8-

3
expressed as an annual index of the sum of weighted hourly concentratio

, cu

p

day (8 am to 8 pm) during the consecutive 3-month period within the ozone season with the maximum

index value, set at a level within the range of 7 to 15 ppm-hours. (75 FR 2938). On September 2, 2011,

President Obarna issued a Statement stating that he requested that Administrator Jackson withdraw the

draft Ozone NAAQS.’ Since, at this time, the new standards were withdrawn, this SIP revision covers the

standards set on March 27, 2008.

On October 14, 2009, Arizona submitted a demonstration that the required Section 11 0(a)(2) elements aremet, in part, for the 1997 PM25 and 8-hour ozone NAAQS, and the 2006 PM2.5 NAAQS. After

subsequent discussions with EPA regarding the October 14, 2009 submittal, Arizona supplemented the

October 14, 2009 submittal with certified copies of specific statutes and rules, which were attached in

Appendices A, B, D, and

E ofthe final submitted supplement. The supplement was submitted to the EPA

on August 24, 2012 and provided EPA with evidence that the laws and regulations have been adopted

specifically for submittal to EPA as a SIP revision, with the exception of two Pima County regulations

(rules 17.12.040 and 17.24.040), which relate to stationary source monitoring and reporting.

[

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 11 0(a)(2)(G). (77 FR 62452 at 62453).

The approval included the rule currently approved into Arizona’s SIP (R9—3—219, “Air pollution

emergency episodes”), which EPA approved in 1982 (47 FR 42572, September 28, 1982), R9-3-215,“Ambient air quality monitoring methods

& procedures”, which EPA approved on October 19, 1984 (49-

FR 41026), and revisions submitted on August 15, 1994, which included rule RI 8—2—220, “Air pollution

emergency episodes”, amended effective September 26, 1990. On August 30, 2012, ADEQ submitted a

certified copy of Ri 8—2—220, “Air pollution emergency episodes”, and the document titled, “Procedures

for Prevention of Emergency Episodes,” 1988 edition, ADEQ, to the EPA, along with a letter from Eric

C. Massey, Director, Air Quality, Arizona, ADEQ, to Jared Blumenfeld, Regional Administrator, US

EPA, 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.

(77 FR at 62454). Together, these above-referenced rules and manual, along with

§ 49-462, -463, and -

512, comprise the approved Arizona Emergency Episode Plan.

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 ParticulateMatter.” (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: 1) With

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

sections 11 0(a)(2)(C), 11 O(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; 2) with respect to the air quality

This information was made official in a Letter from Cass Sunstein, Administrator, Office of Information and Regulatory

Affairs, dated September 2, 2011. The EPA has both the official President’s press release and the Letter from Cass Sunstein,

Administrator, Office of Information and Regulatory Affairs, on their website at http://www.epa.gov/glo/actions.html (Accessed

November 14, 2012). El
(2) for implementing the 2008 8-hour ozone NAAQS.

5
2006 PM2.5NAAQS and the 1997 8-hour ozone and PM25 NAAQS, submitted on Augu

, 

statutes and rules incorporated by reference in this SIP revision have already been approved into the

Arizona SIP. 2

The statutes and programs referenced in Section 5.0 are adequate to meet the following requirements of

the CAA for the 2008 8-hour ozone NAAQS, unless otherwise stated:

1 l0(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,

I l0(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

11 0(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 ofsignificant deterioration and visibility protection,

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

11 0(a)(2)(L), permit fees, and

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

Arizona’s air quality programs are sufficient at this time to assure attainment and maintenance ofthe 2008

8-hour ozone 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 Fl

or are in the process of being remedied by ADEQ and/or the County Programs. 77 FR 66398 (November Li

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.

0

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

2 Approval dates and Federal Register Notices are cited in tables 4-1 through 4-10.

6
§ 

(77 FR 66398)

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

authority

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

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

§ 49-406 Nonattaimnent area plan 6/08/2000 (65 FR 36353).

§ 49-42 1 Defmitions 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

§ 49-471 Definitions 1 1/05/20 12 (77 FR 66398)

§ 49-473 Board ofsupervisors 11/05/2012 (77 FR 66398)

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

Table 4-2

CAA 11O(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 Duties of department 1 1/05/20 12 (77 FR 66398)

County Programs

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

7
counsel

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

§ 49-107 Local delegation ofstate 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 11/05/2012 (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 1 1/05/20 12 (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 ofsupervisors 1 1/05/20 12 (77 FR 66398)

§ 49-488 Special inspection warrant 1 1/05/20 12 (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 1/05/20 12 (77 FR 66398)

conditional order

§ 49-502 Violation; classification (A), (B), and (C) 1 1/05/2012 (77 FR 66398)

§ 49-5 10 Violations; production of 1 1/05/20 12 (77 FR 66398)

records

§ 49-511 Violations; order of abatement 1 1/05/2012 (77 FR 66398)

§ 49-5 12 Violations; injunctive relief 11/05/2012 (77 FR 66398)

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

C

ii

c

C

CC

C

C

C

C

C

C 8

C
§ 28-1253. Registration requirement; 11/05/2012 (77 FR 66398)

exceptions; assessment; violation;

classification

§ 35-313. Investment oftrust and 1 1/05/2012 (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 inspection costs; (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 11/05/2012 (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)

CAA11O(a)(2)(

ADEQ and County Programs

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

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

§ 38-502 Definitions 11/05/2012 (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)§ 3 8-505 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 ethicscommittee

§ 38-508 Authority of public officers 11/05/2012 (77 FR 66398)

and employees to act

§ 38-509 Filing of disclosures 1 1/05/20 12 (77 FR 66398)

9
§ 49

107 Local delegatio

sta

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), (1), (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)

Ri 8-2-313. Existing Source Emission 11/05/2012 (77 FR 66398)

Monitoring

Ri 8-2-327. Annual Emission Inventory 1 1/05/20 12 (77 FR 66398)

Questionnaire

County Programs

§ 49-476.01 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

{

[

1!

[

[

[

[

1z

U

U 10
§ 49-465 Air pollution emergency 11/05/2012 (77 FR 66398)

R9-3-215. Ambient Air Quality 10/19/1984 (49 FR 41026)

Monitoring Methods & Procedures

R9-3-219. Air Pollution Emergency 9/28/1982 (47 FR 42572)

Episodes

R18-2-220 Air Pollution Emergency 10/15/2012 (77 FR 62452)

Episodes

Air Quality Monitoring Procedures 10/15/20 12 (77 FR 62452)Manual (Referenced in R9-3-2 15)

County Programs

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

Table 4-7

CAA 11O(a)(2)(H)

Plan Revisions

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 6/08/2000 (65 FR 36353)

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

department and director and (B)(5)

§ 49-405 Attainment area designations 1 1/05/20 12 (77 FR 66398)

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

§ 49-424 Duties of department 1 1/05/2012 (77 FR 66398)§ 49-425 Rules; hearing 1 1/05/20 12 (77 FR 66398) County Programs

§ 49-473 Board ofsupervisors 1 1/05/20 12 (77 FR 66398)§ 49-474 County control boards 1 1/05/20 12 (77 FR 66398)

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

Table 4-9

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

Air Quality Modeling

ADEQ Programs

Statute/Rule Relevant Sections Date approved into the Arizona SIP

§ 49-406 Nonattainment area plan (A), (E), (F)(8), 6/08/2000 (65 FR 36353) (F)(9)

§ 49-422 Powers and duties (A)(3)(a), (A)(3)(b), 1 1/05/20 12 (77 FR 66398) (C)( 1), (C)(2), (C)(3),

(C)(4), (C)(5)

§ 49-424 Duties of department (2) 1 1/05/20 12 (77 FR 66398) County Programs

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

§ 49-474 County control boards 1 1/05/20 12 (77 FR 66398)

L

[

lEE

[

C

h

C

C

[

C

C

C 12
department and director (B)(3) and (B)(5)

§ 49-405 Attainment area designations (B)(2)(6) 1 1/05/20 12 (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) 11/05/2012 (77 FR 66398)

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

County Programs

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

§ 49-474 County control boards 1 1/05/20 12 (77 FR 66398)

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

13
Department of Environmental Quality (ADEQ), Maricopa Co

y 

Q

y 

p

Pima County Department of Environmental Quality (PDEQ), and the Pinal County Air Quality Control

District (PCAQCD).

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

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

implementation, maintenance and enforcement ofNational 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 jurisdictionwhere 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 ofthe 2008 ozone NAAQS.

[

[

U

U

14
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 8-hour ozone air quality standards in all areas ofArizona.

Relevant sections ofArizona Revised Statutes:

For ADEQ Programs:

49-106. Statewide application ofrules

49-107. Local delegation ofstate authority

49-402. State and county control

49-404. State implementation plan

49-406. Nonattainment area plan

49-421. Defmitions

49-424. Duties of department

49-425. Rules; hearing

For County Programs:

49-471. Definitions

49-473. Board ofsupervisors

49-479. Rules; hearing

5.2 CAA Section 11O(a)(2)(B) — Ambient Air Quality MonitoringSection 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 ofthe State.

Operating agencies track data recovery, quality control and quality assurance parameters for all instruments operated at various network sites. Criteria pollutant concentrations, such as ozone, are

measured with instruments meeting EPA certification as Federal Reference or Equivalent Methods. All data collected within the ozone compliance network is compared to the NAAQS, statistically analyzed for trends, and recorded quarterly in EPA’s Air Quality System.

Per Code of Federal Regulations (CFR), Title 40, Part 58 the State and county agencies (ADEQ, MCAQD, PDEQ, and PCAQCD) annually submit to EPA network monitoring plans. These plans identify the purpose of each monitor and provide evidence that both the siting and the operation of each monitor meets the network design, quality assurance, and other federal requirements of 40 CFR Part 58.

Relevant sections of Arizona Revised Statutes:

15
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 significantDeterioration (PSD) and nonattainment New Source Review (NSR) permitting requirements.

Arizona State and local agencies implement control and enforcement programs for permitted sources of

E

air contaminants and those sources that are not regulated through permits programs (open uncontrolled

bums, 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 thosemeasures to provide any needed assistance and ensure timely implementation. Arizona Revised Statutes

§49-406 provides additional assurance that ozone nonattainment and maintenance measures will be

implemented and enforced. Each agency that commits to implement any emission limitation or othercontrol measure contained in the SIP is required to specify, in a resolution adopted by the governing body

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

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

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

fails to ensure implementation of measures, the ADEQ Director is authorized, through the State AttorneyGeneral, 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 airpollution. 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 49-510 through 513, under which the State or county may issue orders of

abatement, and, through the Attorney General or County Attorney, seek injunctive relief for any

violations ofthe air quality provisions ofthe law.

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 1--

sources and major modifications to existing major sources in Arizona are also subject to the

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nonattainment New Source Review (NSR) provisions of these rules or Prevention of Significant

Deterioration (PSD) for attainment areas.

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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

ofADEQ into compliance with the NSRIPSD requirements ofsection 11 0(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 (FIP) for the GHG NSR and has delegated ADEQ authority to administer that FIP.

ADEQ is working with Pinal County to remedy the NSR/PSD issues outlined by the EPA in their

November 5, 2012 action for 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). 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 of Arizona Revised Statutes:

For ADEQ Programs:

49-103. Department employees; legal counsel49-106. Statewide application ofrules49-107. Local delegation of state authority

49-402. State and county control (All sections, but (A)(8))49-404. State implementation plan49-406(G)(1) through (G)(3). Nonattainment area plan

49-422. Powers and duties; definition49-424. Duties of department49-425. Rules; hearing

49-433. Special inspection warrant49-435. Hearings on orders of abatement49-441. Suspension and revocation of conditional order

49-460. Violations; production ofrecords49-461. Violations; order of abatement49-462. Violations; injunctive relief49-463. Violations; civil penalties

For County Programs:49-473. Board ofsupervisors

49-488. Special inspection warrant49-490. Hearings on orders of abatement49-495. Suspension and revocation of conditional order

49-502(A), (B), (C). Violation; classification49-510. Violations; production ofrecords49-511. Violations; order of abatement

49-512. Violations; injunctive relief

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prevent significant deterioration of air quality or to protect visibility.

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

11O(a)(2)(D)(i)

— Regional Transport on May 24, 2007. This revision to the Arizona SiP addresses

interstate transport of air pollution under CAA Section 11 0(a)(2)(D)(i) and contains a demonstration

showing that Arizona does not significantly contribute to interstate transport of pollutants that impact

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

The plan also demonstrates that Arizona meets the required prevention of significant deterioration of air

quality and protection of visibility provisions of the law. EPA approved the plan in a Direct Final Rule

on July 31, 2007 (72 FR 41629).

EPA promulgated new designations for the 2008 8-hour ozone standard on May 21, 2012. (77 FR 30088).

The new boundary designations vary only slightly from the designated nonattaimnent area for the 1997 8-

hr ozone standard. Also, the 2008 ozone NAAQS retains the same general form and averaging time as

the 0.08 ppm NAAQS set in 1997, but is set at a more protective level of O.O75ppm. For these reasons,

ADEQ asserts that the analysis and conclusions reached in the May 24, 2007 SIP continue to apply to the

2008 8-hour ozone standards.

On November 5, 2012, the EPA issued the fmal 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 (NOx) 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 NSRJPSD requirements of section

1 10(a)(2)(C), 1 10(a)(2)(D)(i)(1I), 1 10(a)(2)(D)(ii), and 40 C.F.R. Part 51, Subpart I.

5.5 CAA Section ilO(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 permits or enforcement orders represents the public interest and any conflict of interest

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

that where the State has re]ied 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 II 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

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[
under State (and, as appropriate, local) law to carry out such implementation plan

The federal regulations in title 40, part 51, subpart 0 ofthe 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 ofthe

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 specify 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

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. Interest earned 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

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prevention and control of air pollution and achievement of the national amb

q

y 

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 performancerequired 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

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duties are accomplished according to the applicable standards of performance.” These delegation andfunding 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

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 (SO 2)plans and Lead (Pb) plans even in Maricopa and Pima counties and for plans for the

rest ofthe State. Under ARS § 49-402(B). Maricopa County Air Quality Control District (MCAQCD) andthe 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:

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49-465. Air pollution emergency49-543(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 board49-480.02. Appeals of permit actions

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

Supplement to the 2006 PM2,5NAAQS 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 ParticulateMatter.” (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 of Arizona 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)

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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. ADEQcommits 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 of Arizona Revised Statutes:

For ADEQ Programs: [ Statutes:

49-422. Powers and duties; defmition

Rules: L

R18-2-3 13. Existing Source Emission Monitoring

Ri 8-2-3 27. 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 [

El

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

any and all

activity that contributes to the emergency. Arizona Administrative Code Ri 8-2-220, “Air Pollution

Emergency Episodes” (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. Proceduresinclude governmental and public notification of the nature of the episode and, at the directive of the

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

this revision, the Air Quality Monitoring Procedures Manual referenced in R9-3-215, which as already

been approved into the Arizona SIP on October 19, 1984 at 49 FR 41026.

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 ControlRegulations, Regulation VI - Emergency Episodes, Rule 600, 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 Episodes 4).

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 l0(a)(2)(G). (77 FR 62452 at 62453).

The rulemaking includes the rule currently approved into Arizona’s SIP (R9—3--219, “Air pollutionemergency episodes”), which EPA approved in 1982 (47 FR 42572, September 28, 1982), and revisions

submitted on August 15, 1994. These revisions include:1) Rule Ri 8—2—220, “Air pollution emergency

episodes”, amended effective September 26, 1990, 2) a letter from Eric C. Massey, Director, Air Quality,

Arizona, and ADEQ, to Jared Blumenfeld, Regional Administrator, US EPA, dated August 30, 2012,

certifying that the attached copy of a document titled “Procedures for Prevention of Emergency Episodes:

1988 Edition” is a true and correct copy ofthe original and is an official publication of ADEQ, and 2) the

document titled, “Procedures for Prevention of Emergency Episodes,” 1988 edition, ADEQ. (77 FR at62454).

Relevant sections of Arizona Revised Statutes:

For ADEQ Programs:

Statutes:

49-462. Violations; injunctive relief49-465. Air pollution emergency

Rules:R9-3 -215. Ambient Air Quality Monitoring Methods & Procedures

R9-3-219. Air pollution emergency episodes

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

4pinal County Rules were adopted 6/29/1993 and approved by EPA into the SIP on 12/20/2000 in 65 FR 79742.

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

1, Part D relating to nonattaimnent areas.

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

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

I 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 PM2.5and 8-hour ozone NAAQS, however, sincenew guidance has not been provided, ADEQ maintains that the requirements for the 2008 8-hour ozone

NAAQS under Section 11 0(a)(2)(I) are the same.

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

and Visibility Protection

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

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

relating to consultation, (2) notify the public if NAAQS are exceeded in an area and to enhance public [1awareness of measures that can be taken to prevent exceedances per Section 127 relating to public [J

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

deterioration of air quality and visibility protection.

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

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

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Relevant sections of Arizona Revised Statutes:For ADEQ Programs:

49-104(A)(2), (A)(4), (B)(3) and (B)(5). Powers and duties ofthe department and director

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

49-424. Duties of department

49-425. Rules; hearing

For County Programs:

49-473. Board ofsupervisors

49-474. County control boards

49-479. Rules; hearing

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

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

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

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

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

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

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

As stated in the August 24, 2012 supplement, ADEQ, and those counties with authority to implement

portions ofthe SIP (Maricopa, Pinal, and Pima 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 previous 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:49-424. 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 of Air Quality Implementation Plans; Arizona; Infrastructure Requirements for

Ozone and Fine Particulate Matter.” (77 FR 66398). Tn that action, the EPA partially disapproved

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Arizona

s SIP for areas under the jurisdiction of ADEQ into compliance with the NSR/PSD 

q

of section 110(a)(2)(C) and l10(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 protectioa 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 51.309 in December 2003, and a

2004 revision for its four Class I areas on the Colorado Plateau. ADEQ submitted a SIP developed under40 CFR 51.308 on February 28, 2011.5.11 CAA Section 11O(a)(2)(K) — Air Quality Modeling L

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 ofthe NAAQS meet EPA’s most recent guidance on air quality models. All information anddata are made available to EPA as required.

As stated above in Section 53, 5.4 and 5.10, ADEQ has submitted a revision to the New Source Review

SIP on October 29, 2012. AIJEQ 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 requirementsof section 11 0(a)(2)(K) and 40 C.F.R. Part 51, Subpart I, with the exception of the requirementspertaining to greenhouse gases (GHGs).

Relevant sections of Arizona Revised Statutes: flFor ADEQ Programs:49-406(A), (E), (F)(8), (F)(9). Nonattainment area plan [] 49-422(A)(3Xa), (A)(3)(b), (C)(1), (C)(2), (C)(3), (C)(4), (C)(5). Powers and duties; definition

49-424(2). Duties of departmentFor County Programs: U

49-473. Board ofsupervisors

49-474. County control boards5.12 CAA Section 11O(a)(2)(L) — Permit Fees

Section 1 10(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

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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 Statusof 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 fuliy approved the Title V operating permits programsfor 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 ofthe issuesidentified 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 ofthe

CAA.

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

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

local political subdivisions affected by the plan.

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

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

the review process and often provide needed data and information for analyses contained in the plan aswell 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, andother 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 ofthe department and director

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

49-406(C), (D), (E), (F). Nonattainment area plan49-424(8), (10). Duties of department

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

Guidance On Infrastructure State Implementation Plan (SIP) Elements Required Under Sections 11 0(a)( 1) and 11 0(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS), dated October 14, 2011.

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This revision to the Arizona SIP demonstrates that the existing authorities and infrastructure 

State and local air quality management programs, in conjunction with the updated NSR!PSD SIPsubmitted on October 29, 2012, meet the basic program elements required under CAA Section 11 0(a)(2)

for the 2008 8-hour ozone 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.

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