UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Proposed Rulemaking

for the

Arizona State Implementation Plan

Arizona Revised Statute 9-500.04 Air quality control; definitions.

Arizona Revised Statute 49-474.01 Additional board duties in vehicle emissions control areas; 

definitions

Arizona Revised Statute 49-474.05 Dust control; training; site coordinators

Arizona Revised Statute 49-474.06 Dust control; subcontractor registration; fee

Prepared by: Nancy Levin

March 20, 2013
RULE IDENTIFICATION 

Agency: State of Arizona for Maricopa County

Subject of this TSD:

Arizona Revised Statute (ARS) 9-500.04 Air quality control; 

definitions. Subsection s A.3 and 5-9, H

Adopted July 2, 2007

Submitted May 25, 2012

Determined Complete July 20, 2012

ARS 49-474.01 Additional board duties in vehicle emissions 

control areas; definitions. Subsections A.4-8 and 11, B, H

Adopted July 2, 2007

Submitted May 25, 2012

Determined Complete July 20, 2012

ARS 49-474.05 Dust control; training; site coordinators 

Subsections A-J

Adopted July 2, 2007

Submitted May 25, 2012

Determined Complete July 20, 2012

ARS 49-474.06 Dust control; subcontractor registration; fee; 

Subsections A-C

Adopted July 2, 2007

Submitted May 25, 2012

Determined Complete July 20, 2012

BACKGROUND

Maricopa County is classified as a serious nonattainment area for particulate matter less than 10 

microns in diameter (PM10). As required by section 189 of the Clean Air Act (CAA), Arizona 

submitted a PM10 plan that included the most stringent measures (MSM) and an extension 

request for attainment no later than December 31, 2006. On January 14, 2002, EPA announced 

the approval of the serious area plan, including the Agricultural Best Management Practices 

(AgBMP) Program as meeting both Best Available Control Measures (BACM) and MSM 

requirements, and also granted a five year extension of the attainment date for both the 24-hour 

and annual PM10 standards from December 31, 2001 to December 31, 2006. Both decisions 

were published in the Federal Register on July 25, 2002 (67 FR 48718).

The area did not attain by December 2006, however, triggering the requirement under Section 

189(d) of the CAA that a SIP revision providing for annual reductions of PM10 or PM10

precursors of not less than 5% of the most recent emissions inventory, until the standard is 

attained, be submitted to EPA by December 31, 2007.

The Maricopa Association of Governments (MAG) prepared the 2007 Five Percent Plan for 

PM10, which was approved by the Arizona Department of Environmental Quality (ADEQ) and 

submitted to the EPA on December 21, 2007. The SIP contained rule revisions in Maricopa 

County and Pinal County to further reduce PM10 emissions.

Arizona Senate Bill 1552 (2007) addressed the authority to revise rules while adding 

requirements for both Maricopa County and one township in Pinal County. Cities and towns in 

the nonattainment area committed to develop and enforce local ordinances to address PM10

emissions from vacant lots, unpaved roads and shoulders, off-highway vehicles, and leaf 

blowers. EPA proposed a limited approval and limited disapproval of the Five Percent Plan on 

September 9, 2010 (75 FR 54806).

After ADEQ withdrew the plan on January 25, 2011, EPA issued a Finding of Failure to Submit 

the Five Percent Plan on February 14, 2011 (76 FR 8300), triggering an 18-month sanctions 
clock and a two-year Federal Implementation Plan clock. Arizona submitted a replacement plan, 

MAG 2012 Five Percent Plan for PM10, on May 25, 2012. EPA found that submission complete 

on July 20, 2012. The four statutes that are the subject of this technical support document (TSD)

were included in the submittal.

SUMMARY OF STATUTORY PROVISIONS

ARS 9-500.04 subsection A.3 requires cities and towns in area A or area B, per section 49-541 to 

develop and implement plans to stabilize certain unpaved roads, alleys and unpaved shoulders on 

targeted arterials. Plans must address targeting criteria, schedules, funding options and reporting 

requirements. Subsection A.5 bans public employees and contractors from leaf blowing on high 

pollution days, and from blowing debris into public roads at any time. It requires cities and towns 

to adopt ordinances to ban anyone from blowing of landscape debris into public roads.

Subsections A.6 and A.7 require certain stabilization methods for parking and other traffic areas 

at residential developments with more than four units, and implementation of an approved

stabilization method for smaller developments. Subsection A.8 requires ordinances to restrict 

parking and vehicle use on unpaved or unstabilized vacant lots. Subsection A.9 requires street 

sweepers to meet South Coast Air Quality Management District Rule 1186 specifications. 

Subsection H exempts permitted facilities from subsections A.5 through A.8.

ARS 49-474.01 subsection A is similar to ARS 9-500.04 subsection A, but A.4 applies to 

counties, and the remaining subsections apply to a county with a population of two million or 

more or any portion of a serious PM10 nonattainment area or maintenance area designated as 

serious PM10. In addition, it requires counties to adopt and enforce rules regarding stabilization 

of vacant lots that provide with reasonable notice of stabilization requirements, authority for the 

county to enter the lot to stabilize if necessary, and stabilization methods, costs, and fines for 

violation. Subsection H exempts permitted facilities from subsections A.5 through A.7.

ARS 49-474.05 applies in a county with a population of two million or more or any portion of a 

serious PM10 nonattainment area or maintenance area designated as serious PM10. It requires the 

air pollution control officer (APCO) to develop and implement training programs to control PM10

for all permitted sources, specifies the people who must be trained and a schedule for completing 

the initial and subsequent trainings, requires an on-site trained dust control coordinator, provides 

the coordinator full authority to ensure implementation of dust control measures, requires 

comprehensive training and certification for the coordinator, and contains provisions for 

noncontiguous sites under a single permit.

ARS 49-474.06 applies in a county with a population of two million or more or any portion of a 

serious PM10 nonattainment area or maintenance area designated as serious PM10. It requires a 

subcontractor engaging in dust generation operations to register with the APCO and have its 

registration number available when conducting dust generating operations. It allows the APCO 

to establish a registration fee. 

EPA REVIEW CRITERIA

EPA considered the criteria described and set forth in the following sections of the CAA and 

guidance documents to evaluate these statutes: 
1. Enforceability

Section 110(a) of the Clean Air Act requires enforceable SIP requirements. Several EPA 

guidance documents are used to evaluate rule enforceability, including the “Bluebook” 

(Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Clarification to Appendix 

D), November 24, 1978, 52 FR 45044), and “the Little Bluebook” (Guidance Document for 

Correcting Common VOC & Other Rule Deficiencies), EPA Region 9, August 21, 2001. 

2. Rule Relaxation

EPA must evaluate whether this SIP revision would interfere with any applicable 

requirement concerning attainment and reasonable further progress (RFP) or any requirement 

of the Act (CAA 110(l)) or modify, in a nonattainment area, any SIP-approved control 

requirement in effect before November 15, 1990 (CAA 193).

EPA EVALUATION

1. Enforceability – We believe these statutory provisions are consistent with the relevant 

policy and guidance regarding enforceability. Requirements are clear and compliance 

determinations are straightforward given the nature of the statutes.

2. Non-interference – We propose to determine that our approval of the submittal would 

comply with CAA §§110(l) and 193 because (1) the proposed SIP revision would not 

interfere with the on-going process for ensuring that requirements for RFP and attainment 

of the NAAQS are met, and (2) the revision would strengthen the existing SIP-approved 

control requirements.

DEFICIENCES

We have identified no deficiencies with the statutory provisions evaluated in this TSD sufficient 

for EPA to propose less than full approval. 

 

ADDITIONAL RECOMMENDATIONS FOR THE NEXT STATUTORY OR RULE 

REVISION

The following recommendations are not currently the basis for disapproval of the submitted 

statutes, but are recommended for the next time these provisions are amended. 

1. We recommend that the cities, towns and/or counties include the following in their 

ordinance, codes, or other implementing rules: Definitions of terms (e,g, stabilize, 

targeted, water truck and water pull drivers, dust general operations), specific metrics for

control requirements, (e.g., minimum depth of gravel, minimum percentage of vegetative 

cover), record-keeping and reporting requirements, and test-methods, as applicable. As an 

example, Imperial Rule 800 contains a definition for stabilized surface (section C.34) and 

gravel (section C.19) and test methods (Appendix B). Imperial Rule 806 provides 

additional control measure specificity for vegetative cover (section C.16).

2. We recognize that the District is not taking emission reduction credits for these sections. 

In order to claim emission reduction credits, the District would need to submit statutes or 
rules that take into account our additional recommendations and, otherwise, fulfil the 

relevant CAA §110 and part D requirements. 

3. We recommend removal of paragraphs 9-500.04.H and 9-474.01.H. We believe that 

these statutes and associated rules should ensure that permitted sources are subject to the 

same applicable requirements in 9-500.04 and 9-474.01 as unpermitted sources. We 

understand that these requirements are already included in many, if not all, permits. 

However, removing these exemptions would ensure that all permitted operations would 

be subject to the requirements.

EPA ACTION

EPA staff believes that the statutory provisions associated with this TSD are consistent with the 

relevant policy and guidance regarding enforceability and SIP relaxations. EPA staff 

recommends approving these provisions in accordance with section 110(k)(3) of the Clean Air 

Act. 

 Arizona Revised Statute (ARS) 9-500.04 Air quality control; definitions. Subsection s 

A.3 and 5-9, H

 ARS 49-474.01 Additional board duties in vehicle emissions control areas; definitions. 

Subsections A.4-8 and 11, B, H

 ARS 49-474.05 Dust control; training; site coordinators Subsections A-J

 ARS 49-474.06 Dust control; subcontractor registration; fee; Subsections A-C

REFERENCES

1. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, (a.k.a., 

Bluebook) EPA OAQPS, May 25, 1988: 

(http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_bluebook.pdf).

2. Guidance Document for Correcting Common VOC & Other Rule Deficiencies, (a.k.a., 

Little Bluebook), EPA Region 9, August 21, 2001: 

(http://www.epa.gov/region09/air/sips/littlebluebook2001.pdf).

3. State Implementation Plans; General Preamble for the Implementation of Title I of the 

Clean Air Act Amendments of 1990, 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 

28, 1992).

4. State Implementation Plans for Serious PM10 Nonattainment Areas, and Attainment Date 

Waivers for PM10 Nonattainment Areas Generally; Addendum to the General Preamble 

for the Implementation of Title I of the Clean Air Act Amendments of 1990, 59 FR 

41998 (August 16, 1994). 

5. Rule 1186 PM10 Emissions From Paved And Unpaved Roads, and Livestock Operations, 

Adopted February 14, 1997; Amended December 11, 1998; Amended September 10, 
1999; Amended April 2, 2004; Amended July 11, 2008; Submitted to EPA 12/23/08; 

Approved 77 FR 13495 (March 7, 2012).

6. Imperial County Air Pollution Control District (ICAPCD) Rule 800 General 

Requirements for Control of Fine Particulate Matter (PM10), Adopted 10/10/94; Revised 

11/25/96; Revised 11/08/2005; Revised 10/16/2012; Submitted to EPA 11/07/12; 

Proposed Approval 78 FR 922 (January 7, 2013).

7. ICAPCD Rule 806 Conservation Management Practices (CMPs), Adopted 11/08/05; 

Revised 10/16/12; Submitted to EPA 11/07/12; Proposed Approval 78 FR 922 (January 

7, 2013).

8. State of Arizona Senate Bill 1552, Adopted July 2, 2007 

F:\Projects\Maricopa Five Percent PM-10 (5)\TSDs\Nancy's TSDs\TSD ARS 9-500 04 and 9-474.01-.06_Final_20Mar13.docx