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 , 2013RULE 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 s erious nonattainment area for particulate matter less than 10 microns in diameter (PM 10 ) . As required by section 189 of the Clean Air Ac t (CAA), Arizona

submitted a PM 10 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 Bes t 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 PM 10 standards from December 31, 2001 to Decem ber 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 red uctions of PM 10 or PM 10 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

PM 10 , 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 PM 10 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 ad dress PM 10 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 sanctionsclock and a two

- year Federal Implementation Plan clock. Arizona submitted a replacement plan,

MAG 2012 Five Percent Plan for PM 10 , 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 shoulder s 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 debr is into public road s at any time . It requires cities an d 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 development s 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 Qual ity Management District Rule 1186 specifications. Subsection H exempts permitted facilities from subsections A.5 through A.8.

ARS 49

- 474.01 s ubsection 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 PM 10 nonattainment area or maintenance area designated as

serious PM 10 . In addition, it requires counties to adop t and enforce rule s 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. Su bsection H exempts permitted f acilities 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 PM 10 nonattainment area or maintenance area designated as serious PM 10 . It requires the air pollution control officer ( APCO ) to develop and implement training programs to control PM 10 for all permitted sources, specifies the people who must be trained and a schedule for completing the initial and subsequent trainings, require s 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 PM 10 nonattainment area or maintenance area designated as serious PM 10 . 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 d ocuments 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

Corr ecting 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 b elieve these statut ory 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 sub mittal 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 the se 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

- me thods, as applicable. As an example, Imperial Rule 800 contains a definition for stabilized surface ( s ection C. 3 4 ) and gravel (section C.19) and test methods (Appendix B). Imperial Rule 806 provides

additio nal control measure spe cificity for vegetative cov er (section C.16).

2. We recognize that the District is no t taking emission reduction credit s for these sections. In order to claim emission reduction credits, the District would need to submit statutes orrules 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 t he

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

. H owever, removing the se exemption s 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 qua lity 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

- 47 4.06 Dust control; subcontractor registration; fee ; Subsections A

- C

REFERENCES

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

Blu ebook) EPA OAQPS, May 25, 1988: ( http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_blueb ook.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 Implem entation Plans for Serious PM 10 Nonattainment Areas, and Attainment Date

Waivers for PM 10 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, 199 4).

5. Rule 1186 PM 10 Emissions From Paved And Unpaved Roads, a nd 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 f

or Control o f Fine Particulate Matter ( PM 10 ), 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 9 22 ( 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