ADEQ Arizona Department 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(ThisPageIntentionallyLeftBlank)[TABLEOFCONTENTSggcTABLEOFCONTENTSLISTOFAPPENDICESii1.0INTRODUCTION12.0CRITERIA13.0REGULATORYBACKGROUND34.0SUMMARYANDDISCUSSIONOFTHECURRENTREVISIONTOARIZONA’S“INFRASTRUCTURE”SIP65.0ANALYSISOFCLEANAiRACTSECTION110(a)(2)ARQUALITYCONTROLPROGRAMELEMENTSFORARIZONA145.1CAASection110(a)(2)(A)—ControlMeasuresandEmissionLimits155.2CAASection110(a)(2)(B)—AmbientAirQualityMonitoring155.3CAASection110(a)(2)(C)—EnforcementofControlMeasures165.4CAASection110(a)(2)(D)—InterstateTransport185.5CAASection110(a)(2)(E)—AdequateResources185.6CAASection110(a)(2)(F)—EmissionsMonitoringandReporting225.7CAASection110(a)(2)(G)—EmergencyPowers235.8CAASection110(a)(2)(H)—PlanRevisions245.9CAASectionIi0(a)(2)(I)—CAATitle1,PartDNonattainmentAreaRequirements245.10CAASection110(a)(2)(J)—ConsultationwithGovernmentOfficials,PublicNotification,PSDandVisibilityProtection245.11CAASection110(a)(2)(K)—AirQualityModeling265.12CAASection110(a)(2)(L)—PennitFees265.13CAASection110(a)(2)(M)—Consultation/ParticipationbyAffectedLocalEntities276.0CONCLUSION27APPENDICESA.AuthorizingStatutesB.ADEQ’sPublicProcessDocumentation111.0INTRODUCTIONThisrevisiontotheArizonaSIPincorporatesbyreferencethestatutesandrules,whichhavealreadybeensubmittedandapprovedbytheEPAinordertodemonstratethatArizonaStateandlocalairqualitymanagementprogramsmeetthebasicprogramelementsrequiredunderCleanAirAct(CAA)Sections110(a)(1)and(2)forimplementingthe20088-hourozoneNAAQS.ADEQsoughtparallelprocessingofthisrevisiontotheSIPunder40C.F.R.Part51,AppendixV,§2.3.1.ADEQhascompletedtheState’spublicnoticeandpublichearingrequirementsandhasattacheddocumentationasAppendixD.Section2.0ofthisdocumentaddressesthecriteriaforanofficialSIPsubmissionassetforthin40C.F.R.Part51,AppendixV.2.0CRITERIA2.1AdministrativeMaterials2.1(a)AformalletterofsubmittalfromtheGovernororLherldesignee,requestingEPAapprovaloftheplanorrevisionthereof(hereafter“theplan”).Seecoverletter.2.1(b)EvidencethattheStatehasadoptedtheplanintheStatecodeorbodyofregulations;orissuedthepermit,order,consentagreement(hereafter“document”)infinalform.CertifiedcopiesofmanyofthestatutesandrulesrelieduponinthisrevisiontotheArizonaSIPwereprovidedinthesupplementtotheCleanAirActSection110(a)(1)and(2)SIPforthe2006PM2.5NationalAmbientAirQualityStandards(NAAQS),the1997PM2.5NAAQS,andthe19978-hourozoneNAAQS,submittedonAugust24,2012.TheEPAapprovedthecertifiedstatutesandrulesintotheArizonaSIPonNovember5,2012.77FR66398.ADEQisincorporatingthesestatutesandrulesbyreference.Earlier,therewereseveralkeystatutesandrulesthatwereapprovedintotheArizonaSIP.ADEQwillagainreferencetheseastheyareimportanttotheapprovalofthisSIPrevision.Thosestatutesare§§49-402,-404,and-406,approvedbyEPAonJune8,2000(65FR36353)and§49-543,-544,and-551approvedbyEPAonJanuary22,2003(68FR2912).R9-3-219,“Airpollutionemergencyepisodes”wasapprovedbytheEPAonSeptember28,1982.47FR42572.R9-3-215,“Ambientairqualitymonitoringmethods&procedures”,wasapprovedbytheEPAonOctober19,1984(49-FR41026).CertifiedcopiesofRi8-2-220,“Airpollutionemergencyepisodes,”andtheAirQualityMonitoringProceduresManual(ReferencedinR9-3-215),weresubmittedonAugust30,2012,andwereapprovedbytheEPAonOctober15,2012.77FR62452.Alloftheserulesandthemanual,alongwith§49-462,-463,and-512,comprisetheapprovedArizonaEmergencyEpisodePlanthatisincorporatedbyreferenceintothisSIP.2.1(c)EvidencethattheStatehasthenecessarylegalauthorityunderStatelawtoadoptandimplementtheplan.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(1) 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. 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



# uNot 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 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

of the NAAQS. On March 27, 2008, the U.S. Environmental Protection Agency (EPA) issued new NAAQS for 8-hour ozone. The EPA revised both the primary and secondary standard for ozone, making the level of the 8- 3

# CE hour standard

to 0.075 parts per million (ppm). EPA also made conforming changes

to the Air Quality



# [ Index (AQI) for ozone, setting
an AQI value of 100 equal
to 0.075 ppm, 8-hour average, and making proportional changes

to the AQI values of 50, 150 and 200. (73 FR 16436). On September

16, 2009, the EPA announced

it would reconsider
the 2008 NAAQS for ground-level ozone On January
19, 2010, the EPA proposed

a rulemaking

to set different primary and secondary standards than those set in 2008:

1) the primary standard was proposed

at the level within the range of 0.060
to 0.070 ppm, and 2) the secondary standard should instead be a new cumulative, seasonal standard expressed

as an annual index of the sum of weighted hourly concentrations, cumulated over 12 hours per 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
are met, in part, for the 1997 PM 25 and 8-hour ozone NAAQS, and the 2006 PM 2 . 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 of the 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 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:

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 (PM 25 ), 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).



# Elhearing boards

in Maricopa, Pima, and Pinal counties, the requirements

of CAA section

11 O(a)(2)(E)(ii) respecting board composition requirements under CAA section 128(aXl); and 3) with respect

to Pima County, the requirements

of CAA section

11 O(a)(2)(F) regarding stationary source monitoring
and reporting. 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 O(a)(
1) and (2) for implementing

the 2008 8-hour ozone NAAQS.

5

# [ n 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

1 l0(a)(2) for the 2008 8-hour ozone NAAQS. Certified copies of many of these rules and statutes were submitted

to the EPA as part 

# of the 

# Supplement

for the 2006 PM 2 . 5 NAAQS and 

# the 1997 8-hour ozone and 

# PM 25 NAAQS, submitted

on August 24, 2012. All 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

of significant 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

of the 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 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. 2 

# Approval dates and Federal Register Notices are 

# cited in tables 4-1 through 4-10. 6Table 4-1 CAA 11O(a)(2)(A) Control Measures and Emission Limits ADEQ Programs Statute/Rule

Relevant Sections Date approved into the Arizona SIP § 49-106 Statewide application

of rules

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
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 of supervisors

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) 7Table 4-3



# E CAA 11O(a)(2)(C) Enforcement

of Control Measures ADEQ Programs



# E E L Statute/Rule

Relevant Sections Date approved into the Arizona SIP § 

# 49-103 Department employees; legal

1 1/05/20
12 (77 FR 66398) counsel § 

# 49-106 Statewide application

of rules

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

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 of supervisors

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 C C C C C C C C 8



# CTable4-4CAA11O(a)(2)(E)AdequateResourcesCAA11O(a)(2XE)(i)ADEQProgramsStatute/RuleRelevantSectionsDateapprovedintotheArizonaSIP§28-1253.Registrationrequirement;11/05/2012(77FR66398)exceptions;assessment;violation;classification§35-313.Investmentoftrustand11/05/2012(77FR66398)treasurymonies;loansandsecurities§49-103Departmentemployees;legal11/05/2012(77FR66398)counsel§49-402Stateandcountycontrol11/05/2012(77FR66398)§49-406Nonattainmentareaplan11/05/2012(77FR66398)§49-455Permitadministrationfund(A)and(B)(2)11/05/2012(77FR66398)§49-543.Emissionsinspectioncosts;(A)11/05/2012(77FR66398)disposition;fleetinspection;certificates§49-544Emissionsinspectionfund;1/22/2003(68FR2912)composition;authorizedexpenditures;exemptions;investment§49-551Airqualityfee;airquality1/22/2003(68FR2912)fund;purposeCountyPrograms§49-471Definitions11/05/2012(77FR66398)§49-478.Hearingboard11/05/2012(77FR66398)§49-479Rules;hearing11/05/2012(77FR66398)§49-480.02Appealsofpermitactions11/05/2012(77FR66398)§49-482.Appealstohearingboard11/05/2012(77FR66398)CAA11O(a)(2)(ADEQandCountyPrograms§38-101Defmitions11/05/2012(77FR66398)§38-501Applicationofarticle11/05/2012(77FR66398)§38-502Definitions11/05/2012(77FR66398)§38-503Conflictofinterest;11/05/2012(77FR66398)exemptions;employmentprohibition§38-504Prohibitedacts11/05/2012(77FR66398)§38-505Additionalincomeprohibited11/05/2012(77FR66398)forservices§38-506Remedies11/05/2012(77FR66398)§38-507Opinionsoftheattorney11/05/2012(77FR66398)general,countyattorneys,cityortownattorneysandhouseandsenateethicscommittee§38-508Authorityofpublicofficers11/05/2012(77FR66398)andemployeestoact§38-509Filingofdisclosures11/05/2012(77FR66398)9

# 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

CAA 

# 1I9frf’2)fF)f § 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), (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



# [ [ IE { [ 1! [ [ [ [ 

# 1z U U 10Table4-6 CAA11O(a)(2)(G)EmergencyPowers ADEQ Proaranis Statute/Rule

Relevant Sections Date approved into the Arizona SIP§ 49-462 Violations; injunctive relief

1 1/05/20
12 (77 FR 66398) § 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)PlanRevisions 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) 11Table 4-8



# [ CAA 11O(a)(2)(J) Consultation with Government Officials, Public Notification, PSD and Visibility Protection 

# ADEQ Programs StatutefRule

Relevant Sections Date approved into the Arizona SIP § 

# 49-104 Powers and duties of the (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 of supervisors

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 of supervisors

1 1/05/20

12 (77 FR 66398) § 49-474 County control boards

1 1/05/20
12 (77 FR 66398)



# [ [ L L [ lEE [ C h C C [ C C C 12Table4-10 CAA11O(a)(2)(M)Consultation/ParticipationbyAffectedLocalEntitiesADEQPrograms StatutefRule

Relevant Sections Date approved into the Arizona SIP§ 49-104 Powers anddutiesofthe(A)(2), (A)(4),11/05/2012(77FR66398) 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 of supervisors

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) 135.0 ANALYSIS

OF CLEAN AIR ACT SECTION 110(a)(2) AIR QUALITY CONTROL PROGRAM ELEMENTS FOR ARIZONA 

# Arizona Revised Statutes CARS), 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 2008 ozone NAAQS.



# [ [ U U 145.1 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

of the 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 8-hour ozone 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. Defmitions 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 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

# FE For EQ Programs: 49-404. State implementation
plan 49-406(F)(1

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



# 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 those measures

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 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,

if the 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 49-510 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

of the air quality provisions

of the 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



# L nonattainment New Source Review (NSR) provisions

of these rules or Prevention

of Significant Deterioration (PSD) for attainment areas.

16OnNovember5,2012,theEPAissuedthefinalrulemaking,“PartialApprovalandDisapprovalofAirQualityImplementationPlans;Arizona;InfrastructureRequirementsforOzoneandFineParticulateMatter.”(77FR66398).Inthataction,theEPApartiallydisapprovedArizona’sInfrastructureSIPSubmittals,statingthattheydonotfullysatisfythefollowingCAAsection110(a)requirementswithrespecttothoseareasunderADEQandPinalCountyjurisdiction,thePSDprogramrequirementsofCAAsections110(a)(2)(C),110(a)(2)(D)(i)(II),110(a)(2)(D)(ii),110(a)(2)(J),and110(a)(2)(K).ADEQhassubmittedarevisiontotheNewSourceReviewSIPonOctober29,2012.ADEQexpectsthattheNewSourceReviewSIPrevisionwillbringtheStateofArizona’sSIPforareasunderthejurisdictionofADEQintocompliancewiththeNSRIPSDrequirementsofsection110(a)(2)(C)and40C.F.R.Part51,SubpartI,withtheexceptionoftherequirementspertainingtogreenhousegases(GHGs).ADEQiscurrentlyadministeringtheNSRrequirementsforGHGsunderadelegationagreementwithEPA.TheStateintendstocontinuetoaddressNSRforGHGsinthismanneruntiltheuncertaintycreatedbylitigationrelatingtothoserequirementshasbeenresolved.EPAhasalreadypromulgatedaFederalImplementationPlan(FIP)fortheGHGNSRandhasdelegatedADEQauthoritytoadministerthatFIP.ADEQisworkingwithPinalCountytoremedytheNSR/PSDissuesoutlinedbytheEPAintheirNovember5,2012actionforsections110(a)(2)(C),110(a)(2)(D)(i)(II),110(a)(2)(D)(ii),110(a)(2)(J),and110(a)(2)(K).ADEQcommitstodevelopingtheappropriateremedyforanydeficienciesoutlinedbytheEPAandwillsubmitSIPrevisionsasappropriatewithintherequiredtimeframe.RelevantsectionsofArizonaRevisedStatutes:ForADEQPrograms:49-103.Departmentemployees;legalcounsel49-106.Statewideapplicationofrules49-107.Localdelegationofstateauthority49-402.Stateandcountycontrol(Allsections,but(A)(8))49-404.Stateimplementationplan49-406(G)(1)through(G)(3).Nonattainmentareaplan49-422.Powersandduties;definition49-424.Dutiesofdepartment49-425.Rules;hearing49-433.Specialinspectionwarrant49-435.Hearingsonordersofabatement49-441.Suspensionandrevocationofconditionalorder49-460.Violations;productionofrecords49-461.Violations;orderofabatement49-462.Violations;injunctiverelief49-463.Violations;civilpenaltiesForCountyPrograms:49-473.Boardofsupervisors49-488.Specialinspectionwarrant49-490.Hearingsonordersofabatement49-495.Suspensionandrevocationofconditionalorder49-502(A),(B),(C).Violation;classification49-510.Violations;productionofrecords49-511.Violations;orderofabatement49-512.Violations;injunctiverelief1749-513. 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. 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 18



# [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

11 0(a)(2)(E)(i) requires SIPs to provide: necessary assurances that the State (or, except where the Administrator deems inappropriate,

the general purpose local 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 of Arizona, 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 19

# 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 §49-551(C)(1).



# [ A final source of funding for ADEQ’s
air programs

is CAA section 105 (“Grants for support
of air pollution planning and control programs”) 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

L 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
of the 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 of the State. Under ARS

§ 49-402(B). Maricopa County Air Quality Control 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
of Arizona Revised Statutes: For State Programs:



# U 2028-2153. Registration requirement; exceptions; assessment; violation; classification 35-313. 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 find 49-462. Violations; injunctive relief 49-463. Violations; civil penalties 49-465. Air pollution emergency 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 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 PM 2 , 5 NAAQS and the 1997 8-hour ozone and PM 25 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
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)

21

# 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 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:



# [ 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 225.7CAASection11O(a)(2)(G)—EmergencyPowersSection110(a)(2)(G)requiresstatestoprovideforauthoritytoaddressactivitiescausingimminentandsubstantialendangermenttopublichealth,includingcontingencyplanstoimplementtheemergencyepisodeprovisionsintheir.SIPs.ArizonaRevisedStatutes§49-465authorizesStateactionstoalleviateorpreventanemergencyhealthrisktothepublicduetoairpollutionorlikelyexceedanceoftheNAAQS.TheGovernor“may,byproclamation,declarethatanemergencyexistsandmayprohibit,restrict,orcondition”anyandallactivitythatcontributestotheemergency.ArizonaAdministrativeCodeRi8-2-220,“AirPollutionEmergencyEpisodes”(approvedintotheSiPasAACR9-3-219at47FR42572;September28,1982),prescribestheprocedurestheADEQDirectorshallimplementinordertopreventtheoccurrenceofambientairpollutionconcentrationswhichwouldcausesignificantharmtopublichealth.Proceduresincludegovernmentalandpublicnotificationofthenatureoftheepisodeand,atthedirectiveoftheGovernor’soffice,possiblecurtailmentofindustrialandcommercialactivities.ADEQissubmittingwiththisrevision,theAirQualityMonitoringProceduresManualreferencedinR9-3-215,whichasalreadybeenapprovedintotheArizonaSIPonOctober19,1984at49FR41026.Similarprovisionsfordeterminingairpollutionemergencyepisodes,advisoryprocedures,andcontrolactionsarecontainedinMaricopa,Pima,andPinalCountycode(MaricopaCountyAirPollutionControlRegulations,RegulationVI-EmergencyEpisodes,Rule600,EmergencyEpisodes;PimaCountyMunicipalCode,Title17.AirQualityControl,Chapter17.32,EmergencyEpisodesandPublicAwareness,ArticleI.EmergencyEpisodes;PinalCountyAirQualityControlDistrictCodeofRegulations,Chapter2.AmbientAirQualityStandards,Article7.AirPollutionEmergencyEpisodes4).OnOctober15,2012,theEPAapprovedintotheArizonaSIP,theArizonaEmergencyEpisodePlan,whichEPAfoundissubstantivelyidenticaltotheCAAsection1l0(a)(2)(G).(77FR62452at62453).TherulemakingincludestherulecurrentlyapprovedintoArizona’sSIP(R9—3--219,“Airpollutionemergencyepisodes”),whichEPAapprovedin1982(47FR42572,September28,1982),andrevisionssubmittedonAugust15,1994.Theserevisionsinclude:1)RuleRi8—2—220,“Airpollutionemergencyepisodes”,amendedeffectiveSeptember26,1990,2)aletterfromEricC.Massey,Director,AirQuality,Arizona,andADEQ,toJaredBlumenfeld,RegionalAdministrator,USEPA,datedAugust30,2012,certifyingthattheattachedcopyofadocumenttitled“ProceduresforPreventionofEmergencyEpisodes:1988Edition”isatrueandcorrectcopyoftheoriginalandisanofficialpublicationofADEQ,and2)thedocumenttitled,“ProceduresforPreventionofEmergencyEpisodes,”1988edition,ADEQ.(77FRat62454).RelevantsectionsofArizonaRevisedStatutes:ForADEQPrograms:Statutes:49-462.Violations;injunctiverelief49-465.AirpollutionemergencyRules:R9-3-215.AmbientAirQualityMonitoringMethods&ProceduresR9-3-219.AirpollutionemergencyepisodesMaricopaCountyRule600wasadopted7/13/1988andapprovedbyEPAintotheSIP3/18/1999in64FR13351.4pinalCountyRuleswereadopted6/29/1993andapprovedbyEPAintotheSIPon12/20/2000in65FR79742.23

# [ Ri 8-2-220 Air pollution emergency episodes



# [ Air Quality Monitoring Procedures Manual (submitted

to supplement already approved rule R9-3-2 15). For County Programs:



# [ 49-512. Violations; injunctive relief 5.8 CAA Section 11O(a)(2)(H)— 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

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 PM 2 . 5 and 8-hour ozone NAAQS, however, since new 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

[1 awareness

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 24requirements.
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: 49-104(A)(2), (A)(4), (B)(3) and (B)(5). Powers and duties of the 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: 49-473. Board of supervisors 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
of the 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 web sites, 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 25C:Arizona’sInfrastructureSIPSubmittals,statingthattheydonotfullysatisfythefollowingCAAsection[110(a)requirementswithrespecttothoseareasunderADEQandPinalCountyjurisdiction,thePSDprogramrequirementsofCAAsections110(a)(2)(C),110(a)(2)(D)(i)(II),110(a)(2)(D)(ii),11O(a)(2)(J),and110(a)(2)(K)regardingregulationofnitrogenoxides(NO)asanozoneprecursor,regulationoffineparticulatematter(PM25),interstatepollutionabatement,andairqualitymodelsandmodelingdata.AsstatedaboveinSection5.3and5.4,ADEQhassubmittedarevisiontotheNewSourceReviewSIPon[October29,2012.ADEQexpectsthattheNewSourceReviewSIPrevisionwillbringtheStateofArizona’sSIPforareasunderthejurisdictionofADEQintocompliancewiththeNSR/PSDrequirementsofsection110(a)(2)(C)andl10(a)(2)(J)and40C.F.R.Part51,SubpartI,withtheexceptionoftherequirementspertainingtogreenhousegases(GHGs).Arizon&svisibilityprotectioaprogramisdesignedtoanalyzethecausesofvisibilityimpairmentandtodevelopandimplementcontrolstrategiesasrequired.RequirementsincludeanalysisofemissionsfromnewmajorsourcesorsourcesmakingmajormodificationsandanticipatedimpactsonvisibilityatanyClassIarea.ArizonasubmittedaRegionalHazeSIPunder40CFR51.309inDecember2003,anda2004revisionforitsfourClassIareasontheColoradoPlateau.ADEQsubmittedaSIPdevelopedunder40CFR51.308onFebruary28,2011.5.11CAASection11O(a)(2)(K)—AirQualityModelingLSection110(a)(2)(K)requiresthatSIPsprovideforperformingairqualitymodelingforpredictingtheeffectofemissionsonambientairqualityandtosubmitdatarelatedtothemodelingtoEPAuponrequest.Arizonaretainsauthoritytoperformairqualitymodelingforpredictingtheeffectofemissionsonambientairquality.Whereapplicable,allmodelinganalysesfordemonstratingattainmentandmaintenanceoftheNAAQSmeetEPA’smostrecentguidanceonairqualitymodels.AllinformationanddataaremadeavailabletoEPAasrequired.AsstatedaboveinSection53,5.4and5.10,ADEQhassubmittedarevisiontotheNewSourceReviewSIPonOctober29,2012.AIJEQexpectsthattheNewSourceReviewSIPrevisionwillbringtheStateofArizona’sSIPforareasunderthejurisdictionofADEQintocompliancewiththeNSR/PSDrequirementsofsection110(a)(2)(K)and40C.F.R.Part51,SubpartI,withtheexceptionoftherequirementspertainingtogreenhousegases(GHGs).RelevantsectionsofArizonaRevisedStatutes:flForADEQPrograms:49-406(A),(E),(F)(8),(F)(9).Nonattainmentareaplan[]49-422(A)(3Xa),(A)(3)(b),(C)(1),(C)(2),(C)(3),(C)(4),(C)(5).Powersandduties;definition49-424(2).DutiesofdepartmentForCountyPrograms:U49-473.Boardofsupervisors49-474.Countycontrolboards5.12CAASection11O(a)(2)(L)—PermitFeesSection110(a)(2)(L)requiresSIPstorequiretheowneroroperatorofamajorstationarysourcetopayfeestothepermittingauthoritytocoverthecostofreviewing,approving,implementingandenforcinga26pennit.Arizonapermittingagenciesareresponsibleforassessingfeessufficienttorecoverthecostsofadministeringthepermittingprogram.Assessmentsincludefeesforpermitactions,administrativeandemissionbasedfeesforTitleVsources,inspectionfeesfornon-TitleVsources,andfeesforgeneralpermits.AccordingtoEPAissuedGuidance5,“[t]heinfrastructureSIPshouldprovidecitationstotheregulationsprovidingforcollectionofpermittingfeesunderthestate’sEPA-approvedTitleVpermitprogram.See40CFR70.9(‘Feedeterminationandcertification’),and40CFRPart70,AppendixA,‘ApprovalStatusofStateandLocalOperatingPermitsPrograms’.”ArizonareceivedinterimapprovalforthefederalTitleVpermitprogram,establishedbythe1990FederalCleanAirActAmendment.61FR55915(October30,1996).TheinterimapprovaloftheADEQTitleVprogrambecameeffectiveonNov.29,1996.EPAfuliyapprovedtheTitleVoperatingpermitsprogramsforADEQ,MaricopaCounty,PimaCounty,andPinalCountyeffectiveNovember30,2001.66FR63175(December5,2001)and66FR63166(December5,2001).Subsequently,onMay17,2005,EPAissuedanoticeofdeficiencywithrespecttocertainelementsofMaricopaCounty’sTitleVoperatingpermitsprogram,includingthepermitfeerequirements.70FR32243(June2,2005).FollowingEPA’sperformanceofaTitleVprogramevaluationandtheMaricopaCountyAirQualityDepartment’s(MCAQD)subsequentsubmittalofcorrectionstoaddresstheidentifieddeficiencies,EPAissuedanoticeofresolutionexplainingEPA’sbasesforconcludingthattheMCAQDhadresolvedalloftheissuesidentifiedinEPA’sMay17,2005noticeofdeficiency.71FR67061(November20,2006).Thus,alloftheArizonapermittingagenciescurrentlyimplementfullyapprovedfeeprogramsunderTitleVoftheCAA.5.13CAASection11O(a)(2)(M)—Consultation/ParticipationbyAffectedLocalEntitiesSection110(a)(2)(M)requiresstatestoprovideforconsultationandparticipationinSIPdevelopmentbylocalpoliticalsubdivisionsaffectedbytheplan.Arizonaairqualityagenciesconsultwithandmaintainfrequentandregularcommunicationwithalllocalandpoliticalsubdivisionsaffectedbyplanrevisions.Localentitiesparticipateinplandevelopmentandthereviewprocessandoftenprovideneededdataandinformationforanalysescontainedintheplanaswellasimplementationassistance.Opportunityforcommentisalsoprovidedthroughstakeholdermeetingsandpublichearingsconductedtosolicittestimonyfromthepublic,localplanningagencies,andotherlocalpoliticalentitiespriortoadoptionofanyplanrevisions.RelevantsectionsofArizonaRevisedStatutes:ForADEQPrograms:49-104(A)(2),(A)(4),(B)(3)and(B)(5).Powersanddutiesofthedepartmentanddirector49-405(B)(2)(6).Attainmentareadesignations49-406(C),(D),(E),(F).Nonattainmentareaplan49-424(8),(10).Dutiesofdepartment49-425(B),(D).Rules;hearingGuidanceOnInfrastructureStateImplementationPlan(SIP)ElementsRequiredUnderSections110(a)(1)and110(a)(2)forthe2008Lead(Pb)NationalAmbientAirQualityStandards(NAAQS),datedOctober14,2011.27

# U [1 For County Programs: 49-473. Board of supervisors 49-474. County control boards



# U 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

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.



# U U U U U 0 U U LI 28