The EPA Regional Administrator, Jared Blumenfeld, signed the following rule on June 29, 2015 and EPA is 

submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accuracy of this 

version of this rule, it is not the official version. Please refer to the official version in a forthcoming FR publication 

appearing on the Government Printing Office website, http://fdsys.gpo.gov/fdsys/search/home.action, and on 

www.regulations.gov in Docket Number EPA-R09-OAR-2015-0297.

Billing Code: 6560-50-P 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R09-OAR-2015-0297; FRL-______ 

Partial Approval and Partial Disapproval of Air Quality State 

Implementation Plans; Arizona; Infrastructure Requirements for 

Lead and Ozone 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection Agency (EPA) is partially 

approving and partially disapproving State Implementation Plan 

(SIP) revisions submitted by the State of Arizona to address the 

requirements of section 110(a)(1) and (2) of the Clean Air Act 

(CAA) for the 2008 Lead (Pb) and 2008 ozone national ambient air 

quality standards (NAAQS). Section 110(a) of the CAA requires 

that each State adopt and submit a SIP for the implementation, 

maintenance, and enforcement of each NAAQS promulgated by EPA. 

We refer to such SIP revisions as "infrastructure" SIPs because 

they are intended to address basic structural SIP requirements 

for new or revised NAAQS including, but not limited to, legal 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on June 29, 

2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

2 

authority, regulatory structure, resources, permit programs, 

monitoring, and modeling necessary to assure attainment and 

maintenance of the standards. 

DATES: This final rule is effective on [Insert date 30 days from 

date of publication]. 

ADDRESSES: EPA has established a docket for this action, 

identified by Docket ID Number EPA-R09-OAR-2015-0297. The index 

to the docket for this action is available electronically at 

http://www.regulations.gov and in hard copy at EPA Region IX, 75 

Hawthorne, San Francisco, California. While all documents in the 

docket are listed in the index, some information may be 

publically available only at the hard copy location (e.g., 

copyrighted material) and some may not be publically available 

in either location (e.g., confidential business information 

(CBI)). To inspect the hard copy materials, please schedule an 

appointment during normal business hours with the contact listed 

directly below. 

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, Office of Air 

Planning, U.S. Environmental Protection Agency, Region 9, (415) 

947-4152, e-mail: buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: Throughout this document, the terms 

“we,” “us,” and “our” refer to EPA. 
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TABLE OF CONTENTS 

I. Background 

II. Proposed Action 

III. Public Comments and EPA Responses 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

CAA section 110(a)(1) requires each state to submit to EPA, 

within three years after the promulgation of a primary or 

secondary NAAQS or any revision thereof, an infrastructure SIP 

revision that provides for the implementation, maintenance, and 

enforcement of such NAAQS. Section 110(a)(2) sets the content 

requirements of such a plan, which generally relate to the 

information and authorities, compliance assurances, procedural 

requirements, and control measures that constitute the 

"infrastructure" of a state's air quality management program. 

These infrastructure SIP elements required by section 110(a)(2) 

are as follows:

• Section 110(a)(2)(A): Emission limits and other control 

measures. 

• Section 110(a)(2)(B): Ambient air quality monitoring/data 

system. 
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• Section 110(a)(2)(C): Program for enforcement of control 

measures and regulation of new and modified stationary 

sources. 

• Section 110(a)(2)(D)(i): Interstate pollution transport. 

• Section 110(a)(2)(D)(ii): Interstate and international 

pollution abatement. 

• Section 110(a)(2)(E): Adequate resources and authority, 

conflict of interest, and oversight of local and regional 

government agencies. 

• Section 110(a)(2)(F): Stationary source monitoring and 

reporting. 

• Section 110(a)(2)(G): Emergency episodes. 

• Section 110(a)(2)(H): SIP revisions. 

• Section 110(a)(2)(J): Consultation with government 

officials, public notification, prevention of significant 

deterioration (PSD), and visibility protection. 

• Section 110(a)(2)(K): Air quality modeling and submittal of 

modeling data. 

• Section 110(a)(2)(L): Permitting fees. 

• Section 110(a)(2)(M): Consultation/participation by

affected local entities. 
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Two elements identified in section 110(a)(2) are not 

governed by the three-year submittal deadline of section 

110(a)(1) and are therefore not addressed in this action. These 

two elements are: (i) section 110(a)(2)(C) to the extent it 

refers to permit programs required under part D (nonattainment 

new source review (NSR)), and (ii) section 110(a)(2)(I), 

pertaining to the nonattainment planning requirements of part D. 

As a result, this action does not address infrastructure for the 

nonattainment NSR portion of section 110(a)(2)(C) or the whole 

of section 110(a)(2)(I). 

On November 12, 2008, the EPA issued a revised NAAQS for 

Pb.1 This action triggered a requirement for states to submit an 

infrastructure SIP to address the applicable requirements of 

section 110(a)(2) within three years of issuance of the revised 

NAAQS. On October 14, 2011, EPA issued “Guidance on Section 110 

Infrastructure SIPs for the 2008 Pb NAAQS”, referred to herein 

as EPA’s 2011 Pb Guidance.2 Depending on the timing of a given 

submittal, some states relied on the earlier draft version of 

 

1 73 FR 66964 (November 12, 2008). The 1978 Pb standard (1.5 μg/m3 as a 

quarterly average) was modified to a rolling 3 month average not to be 

exceeded of 0.15 μg/m3. EPA also revised the secondary NAAQS to 0.15 μg/m3and 

made it identical to the revised primary standard. Id. 

2 See Memorandum from Stephen D. Page, Director, Office of Air Quality 

Planning and Standards, to Regional Air Division Directors, Regions 1-10 

(October 14, 2011). 
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this guidance, referred to herein as EPA’s 2011 Draft Pb 

Guidance.3 EPA issued additional guidance on infrastructure SIPs 

on September 13, 2013.4 

On March 27, 2008, EPA issued a revised NAAQS for 8-hour 

Ozone.5 This action triggered a requirement for states to submit 

an infrastructure SIP to address the applicable requirements of 

section 110(a)(2) within three years of issuance of the revised 

NAAQS. EPA did not, however, prepare guidance at this time for 

states in submitting I-SIP revisions for the 2008 Ozone NAAQS.6

On September 13, 2013, EPA issued “Guidance of Infrastructure 

State Implementation Plan (SIP) Elements under Clean Air Act 

Sections 110(a)(1) and 110(a)(2),” which provides advice on the 

development of infrastructure SIPs for the 2008 ozone NAAQS 

(among other pollutants) as well as infrastructure SIPs for new 

or revised NAAQS promulgated in the future.7 

 

3 “DRAFT Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) 

for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS),” June 

17, 2011 version. 

4 See Memorandum dated September 13, 2013 from Stephen D. Page, Director, EPA 

Office of Air Quality Planning and Standards, to Regional Air Directors, EPA 

Regions 1-10, “Guidance on Infrastructure State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)” (referred to 

herein as “2013 Infrastructure SIP Guidance”). 

5 73 FR 16436 (March 27, 2008). 

6 Preparation of guidance for the 2008 Ozone NAAQS was postponed given EPA’s 

reconsideration of the standard. See 78 FR 34183 (June 6, 2013). 

7 See Memorandum dated September 13, 2013 from Stephen D. Page, Director, EPA 

Office of Air Quality Planning and Standards, to Regional Air Directors, EPA 

Regions 1-10, “Guidance on Infrastructure State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)” (referred to 

herein as “2013 Infrastructure SIP Guidance”). 
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The Arizona Department of Environmental Quality (ADEQ) has 

submitted infrastructure SIP revisions pursuant to EPA’s 

promulgation of the NAAQS addressed by this rule, including the 

following: 

• October 14, 2011 – “Arizona State Implementation Plan 

Revision under Clean Air Act Section 110(a)(1) and 

(2); 2008 Lead NAAQS,” to address all of the CAA 

section 110(a)(2) requirements, except for section 

110(a)(2)(G),8 for the 2008 Pb NAAQS (2011 Pb I-SIP 

Submittal). 

• December 27, 2012 - “Arizona State Implementation Plan 

Revision under Clean Air Act Section 110(a)(1) and 

(2); 2008 8-hour Ozone NAAQS,” to address all of the 

CAA section 110(a)(2) requirements for the 2008 8-hour 

Ozone NAAQS (2012 Ozone I-SIP Submittal). 

On February 19, 2015 EPA approved elements of the above 

submittals with respect to the 2008 Pb and 2008 8-hour ozone 

NAAQS infrastructure requirements in CAA sections 110(a)(2)(A), 

 

8 In a separate rulemaking, EPA fully approved Arizona’s SIP to address the 

requirements regarding air pollution emergency episodes in CAA section 

110(a)(2)(G) for the 1997 8-hour ozone NAAQS. 77 FR 62452 (October 15, 

2012). Although ADEQ did not submit an analysis of Section 110(a)(2)(G) 

requirements, we discuss them in our technical support document(TSD), which 

is in the docket for this rulemaking. 
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(B), (E), (F), (G), (H), (L) and (M).9 That action also explained 

that we would separately act on the permitting infrastructure 

SIP elements in CAA sections 110(a)(2)(C), (D), (J), and (K) in 

a subsequent rulemaking. These permit related elements are the 

subject of today’s final rule. 

 In addition to the above 2011 and 2012 infrastructure SIP 

submittals, ADEQ submitted “New Source Review State

Implementation Plan Submission” on October 29, 2012, and 

“Supplemental Information to 2012 New Source Review State 

Implementation Plan Submission” on July 2, 2014 (NSR 

Submittals). In addition to addressing revisions to Arizona’s 

NSR program, these submissions also relate to our analysis of 

infrastructure SIP elements in CAA sections 110(a)(2)(C), (D), 

(J), and (K). 

II. Proposed Action 

On May 12, 2015 (80 FR 27127), EPA proposed to partially 

approve and partially disapprove Arizona’s 2011 Pb I-SIP 

Submittal and 2012 Ozone I-SIP Submittal with respect to the 

permitting infrastructure SIP elements in CAA sections 

 

9

 ‘‘Approval and Promulgation of State Implementation Plans; Arizona; 

Infrastructure requirements for the 2008 Lead (Pb) and the 2008 8-Hour Ozone 

National Ambient Air Quality Standards (NAAQS)’’ was signed on February 19, 

2015 but, as of June 29, 2015, has not yet published in the Federal Register. 

This action was proposed in the Federal Register on November 24, 2014 (79 FR 

69796). 
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110(a)(2)(C), (D), (J), and (K). Our proposed action and 

associated technical support document (TSD) provide detailed 

discussion of Arizona’s demonstration for each element. 

Generally, we proposed a partial approval because the submittals 

show that Arizona largely fulfills the relevant infrastructure 

requirements. But we proposed a simultaneous partial 

disapproval because of these deficiencies: 

• With respect to §110(a)(2)(C), EPA proposed to: (1) disapprove 

the 2011 Pb and 2012 Ozone Infrastructure SIPs for ADEQ and 

Pinal County because the SIP-approved PSD programs lack 

certain “structural” PSD program elements as identified in our 

TSD; and (2) disapprove both Infrastructure SIPs for Maricopa 

and Pima counties, which do not have SIP approved PSD 

programs. 

• With respect to the third prong of §110(a)(D)(i), EPA proposed 

to disapprove both Infrastructure SIPs regarding “structural” 

PSD requirements under §110(a)(2)(C). 

• With respect to §110(a)(2)(D)(ii), EPA proposed to disapprove 

both Infrastructure SIPs with respect to Maricopa County and 

Pima County, which do not have SIP approved PSD programs. 
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• With respect to §110(a)(2)(J), we proposed to disapprove both 

Arizona Infrastructure SIPs for failure to fully satisfy the 

requirements of part C relating to PSD. 

• With respect to §110(a)(2)(K), we proposed to disapprove both 

Infrastructure SIPs because ADEQ, Pinal, Pima, and Maricopa 

counties have not submitted adequate provisions or a narrative 

that explain how existing state and county law satisfy the 

requirements of 110(a)(2)(K). 

III. Public Comments and EPA Responses 

The public comment period on EPA’s proposed rule opened on 

May 12, 2015, the date of its publication in the Federal 

Register at 80 FR 27127, and closed on June 11, 2015. During

this period, EPA did not receive any comments. Therefore, EPA 

is finalizing our action as proposed. 

IV. Final Action 

Under CAA section 110(k)(3) and based on the evaluation 

and rationale presented in the proposed rule, the TSD and this 

final rule, EPA is partially approving the 2011 Pb I-SIP 

Submittal and the 2012 Ozone I-SIP Submittal with respect to 

the following infrastructure SIP requirements: 
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• Section 110(a)(2)(C) (in part): Program of enforcement of 

control measures and regulation of new and modified stationary 

sources. 

• Section 110(a)(2)(D)(i) (in part): Interstate pollution 

transport. 

• Section 110(a)(2)(D)(ii) (in part): Interstate pollution 

abatement and international air pollution. 

• Section 110(a)(2)(J) (in part): Consultation with 

government officials, public notification, PSD, and visibility 

protection. 

• Section 110(a)(2)(K): Air quality modeling and submission 

of modeling data. 

EPA is simultaneously partially disapproving the submittals 

because of deficiencies described in our proposed rule and TSD 

and summarized in the proposed rule section above. For all I-SIP 

elements that do not meet the CAA §110(a)(2) requirements there 

are existing FIPs in place, with the exception of the modeling 

requirements under CAA §110(a)(2)(K) for Pinal County and ADEQ. 

To the extent our proposed approval or proposed disapproval of 

an I–SIP element relied on our March 18, 2015 proposed action on 

ADEQ’s NSR SIP submittal, our final action on the I–SIP elements 

identified in this notice relies on our final action on ADEQ’s 
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NSR SIP submittal, signed contemporaneously primarily in the 

form of a limited approval/limited disapproval.10 Furthermore, 

the partial disapprovals in this action do not result in 

sanctions under section 179 of the Act because infrastructure 

SIPs are not required under Title I, Part D of the Act. 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866, Regulatory Planning and Review 

The Office of Management and Budget (OMB) has exempted this 

regulatory action from Executive Order 12866, entitled 

“Regulatory Planning and Review.” 

B. Paperwork Reduction Act 

This action does not impose an information collection 

burden under the provisions of the Paperwork Reduction Act, 44 

U.S.C. 3501 et seq. Burden is defined at 5 CFR 1320.3(b). 

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an 

agency to conduct a regulatory flexibility analysis of any rule 

subject to notice and comment rulemaking requirements unless the 

agency certifies that the rule will not have a significant 

 

10 EPA’s action on ADEQ’s NSR SIP submittal was largely finalized as proposed, 

with the exception of certain changes in response to public comments. These 

changes resulted in our finding fewer bases for disapproval as compared with 

our proposed action on ADEQ’s NSR SIP submittal and do not affect today’s 

final action on Arizona’s I-SIP submittals. 
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economic impact on a substantial number of small entities. 

Small entities include small businesses, small not-for-profit 

enterprises, and small governmental jurisdictions. 

This rule will not have a significant impact on a 

substantial number of small entities because SIP partial 

approvals/partial disapprovals under section 110 and subchapter 

I, part D of the Clean Air Act do not create any new 

requirements but simply approve requirements that the State is 

already imposing. Therefore, because EPA’s approval does not 

create any new requirements, I certify that this action will not 

have a significant economic impact on a substantial number of 

small entities. 

Moreover, due to the nature of the Federal-State 

relationship under the Clean Air Act, preparation of flexibility 

analysis would constitute Federal inquiry into the economic 

reasonableness of State action. The Clean Air Act forbids EPA 

to base its actions concerning SIPs on such grounds. Union 

Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 

U.S.C. 7410(a)(2). 

D. Unfunded Mandates Reform Act 
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Under sections 202 of the Unfunded Mandates Reform Act of 

1995 (“Unfunded Mandates Act”), signed into law on March 22, 

1995, EPA must prepare a budgetary impact statement to accompany 

any proposed or final rule that includes a Federal mandate that 

may result in estimated costs to State, local, or tribal 

governments in the aggregate; or to the private sector, of $100 

million or more. Under section 205, EPA must select the most 

cost-effective and least burdensome alternative that achieves 

the objectives of the rule and is consistent with statutory 

requirements. Section 203 requires EPA to establish a plan for 

informing and advising any small governments that may be 

significantly or uniquely impacted by the rule. 

EPA has determined that the partial approval/partial 

disapproval action promulgated does not include a Federal 

mandate that may result in estimated costs of $100 million or 

more to either State, local, or tribal governments in the 

aggregate, or to the private sector. This Federal action 

approves pre-existing requirements under State or local law, and 

imposes no new requirements. Accordingly, no additional costs 

to State, local, or tribal governments, or to the private 

sector, result from this action. 

E. Executive Order 13132, Federalism
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Federalism (64 FR 43255, August 10, 1999) revokes and 

replaces Executive Orders 12612 (Federalism) and 12875 

(Enhancing the Intergovernmental Partnership). Executive Order 

13132 requires EPA to develop an accountable process to ensure 

“meaningful and timely input by State and local officials in the 

development of regulatory policies that have federalism 

implications.” “Policies that have federalism implications” is 

defined in the Executive Order to include regulations that have 

“substantial direct effects on the States, on the relationship 

between the national government and the States, or on the 

distribution of power and responsibilities among the various 

levels of government.” Under Executive Order 13132, EPA may not 

issue a regulation that has federalism implications, that 

imposes substantial direct compliance costs, and that is not 

required by statute, unless the Federal government provides the 

funds necessary to pay the direct compliance costs incurred by 

State and local governments, or EPA consults with State and 

local officials early in the process of developing the proposed 

regulation. EPA also may not issue a regulation that has 

federalism implications and that preempts State law unless the 

Agency consults with State and local officials early in the 

process of developing the proposed regulation. 
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This rule will not have substantial direct effects on the 

States, on the relationship between the national government and 

the States, or on the distribution of power and responsibilities 

among the various levels of government, as specified in 

Executive Order 13132, because it merely approves a State rule 

implementing a Federal standard, and does not alter the 

relationship or the distribution of power and responsibilities 

established in the Clean Air Act. Thus, the requirements of 

section 6 of the Executive Order do not apply to this rule. 

F. Executive Order 13175, Coordination with Indian Tribal 

Governments

Executive Order 13175, entitled “Consultation and 

Coordination with Indian Tribal Governments” (65 FR 67249, 

November 9, 2000), requires the EPA to develop an accountable 

process to ensure “meaningful and timely input by tribal 

officials in the development of regulatory policies that have 

tribal implications.” This final rule does not have tribal 

implications, as specified in Executive Order 13175. It will 

not have substantial direct effects on tribal governments, on 

the relationship between the Federal government and Indian 

tribes, or on the distribution of power and responsibilities 

between the Federal government and Indian tribes. In addition, 
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the SIP is not approved to apply on any Indian reservation land 

or in any other area where EPA or an Indian tribe has 

demonstrated that a tribe has jurisdiction. In those areas of 

Indian country, the rule does not have tribal implications and 

will not impose substantial direct costs on tribal governments 

or preempt tribal law. Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045, Protection of Children from 

Environmental Health Risks and Safety Risks

EPA interprets Executive Order 13045 (62 FR 19885, April 

23, 1997) as applying only to those regulatory actions that 

concern health or safety risks, such that the analysis required 

under section 5-501 of the Executive Order has the potential to 

influence the regulation. This rule is not subject to Executive 

Order 13045, because it approves a State rule implementing a 

Federal standard. 

H. Executive Order 13211, Actions that Significantly Affect 

Energy Supply, Distribution, or Use 

This rule is not subject to Executive Order 13211, “Actions 

Concerning Regulations That Significantly Affect Energy Supply, 

Distribution, or Use” (66 FR 28355, May 22, 2001) because it is 

not a significant regulatory action under Executive Order 12866. 
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I. National Technology Transfer and Advancement Act

Section 12 of the National Technology Transfer and 

Advancement Act (NTTAA) of 1995 requires Federal agencies to 

evaluate existing technical standards when developing a new 

regulation. To comply with NTTAA, EPA must consider and use 

“voluntary consensus standards” (VCS) if available and 

applicable when developing programs and policies unless doing so 

would be inconsistent with applicable law or otherwise 

impractical. 

The EPA believes that VCS are inapplicable to this action. 

Today’s action does not require the public to perform activities 

conducive to the use of VCS. 

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and Low-Income 

Population 

Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) 

establishes federal executive policy on environmental justice. 

Its main provision directs federal agencies, to the greatest 

extent practicable and permitted by law, to make environmental 

justice part of their mission by identifying and addressing, as 

appropriate, disproportionately high and adverse human health or 

environmental effects of their programs, policies, and 
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activities on minority populations and low-income populations in 

the United States. 

EPA lacks the discretionary authority to address 

environmental justice in this rulemaking. 

K. Congressional Review Act

The Congressional Review Act, 5 U.S.C. section 801 et seq., 

as added by the Small Business Regulatory Enforcement Fairness 

Act of 1996, generally provides that before a rule may take 

effect, the agency promulgating the rule must submit a rule 

report, which includes a copy of the rule, to each House of the 

Congress and to the Comptroller General of the United States. 

EPA will submit a report containing this rule and other required 

information to the U.S. Senate, the U.S. House of 

Representatives, and the Comptroller General of the United 

States prior to publication of the rule in the Federal Register. 

A major rule cannot take effect until 60 days after it is 

published in the Federal Register. This action is not a “major 

rule” as defined by 5 U.S.C. section 804(2). This rule will be 

effective [insert date 30 days from date of publication of this 

document in the Federal Register]. 

L. Petitions for Judicial Review
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Under section 307(b)(1) of the Clean Air Act, petitions for 

judicial review of this action must be filed in the United 

States Court of Appeals for the appropriate circuit by [insert 

date 60 days from date of publication of this document in the 

Federal Register]. Filing a petition for reconsideration by the 

Administrator of this final rule does not affect the finality of 

this rule for the purposes of judicial review nor does it extend 

the time within which a petition for judicial review may be 

filed, and shall not postpone the effectiveness of such rule or 

action. This action may not be challenged later in proceedings 

to enforce its requirements (see section 307(b)(2)). 

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, 

Incorporation by reference, Intergovernmental relations, Ozone, 

Lead, Reporting and recordkeeping requirements. 

Dated: June 29, 2015. _________//s//__________ 

Jared Blumenfeld, 

Regional Administrator, 

Region IX. 
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Part 52, Chapter I, Title 40 of the Code of Federal

Regulations is amended as follows: 

PART 52 – APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 

1. The authority citation for Part 52 continues to read as 

follows: 

AUTHORITY: 42 U.S.C. 7401 et seq.

Subpart D – Arizona 

2. Section 52.123 is amended by adding paragraphs (o) and (p) 

to read as follows: 

§ 52.123 Approval status. 

* * * * * 

(o) 2008 8-hour ozone NAAQS: The SIPs submitted on October 14, 

2011 and December 27, 2012 are fully or partially disapproved 

for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(ii), (J) and 

(K) for all portions of the Arizona SIP. 

(p) 2008 Lead (Pb) NAAQS: The SIPs submitted on October 14, 2011 

and December 27, 2012 are fully or partially disapproved for 

Clean Air Act (CAA) elements 110(a)(2)(C), (D)(ii), (J) and (K) 

for all portions of the Arizona SIP.