Janet Napolitano Governor 1110 West Washington Street Phoenix, Arizona 85007 (602)771 -2300 www.azdeq.gov stephenA. Owens Director



## JUL 1

## 02008 

# RECEIVED

Mr. Wayne Nastri, Regional Administrator U.S. Environmental ProtectionAgency, Region IX Mail Code: ORA-1 75 Hawthorne Street San Francisco, CA 94 105 Air Division,

### AIR 

# -q U.S. €PA, REGION 9



### RE: Submittal of Maricopa County Rules 300,3l0,310.01,314,316,and Ordinance P-26, revising the Maricopa County Portion of the Arizona State Implementation Plan

Dear 

### Mr. Nastri:
Consistent with the provisions of Arizona Revised Statutes

## $549-104,49-404,49-406, and the Code of Federal Regulation, Title 40, the Arizona Department of Environmental Quality hereby adopts and submitsto the U.S. Environmental Protection Agency (EPA), Maricopa County Rules 300,310, 3 10.01, 314,316, and Ordinance P-26, asrevisions to the Maricopa County portion of the Arizona State Implementation Plan (SIP). This series of new rules and revisions was adopted by Maricopa County in response to air-quality requirements in Senate Bill 1552 and Maricopa Association of Government's Five Percent Plan for PMlofor the Maricopa County Nonattainment Area.

Rule 300 was amended to establish new procedures when conducting opacity tests. Rule 310 was amended to establish mandatory training and certification for dust control coordinators. The amendments require the presence of a control coordinator at all times at sites
more than one acre in size where a dust control permit has been issued. Rule 310 also now requirestrackout clean-up for gutters, sidewalks, and curbs, in additionto public roadways. Rule 310.01 was amendedto establish mitigation measures to prevent trackout from unpaved parking lots and livestock areas. The amendments include a provision authorizingthe Countyto pave any unpaved parking lot at the property owner's expense ifthe owner failsto comply with a 30 day notification letter. Rule 3 14was amended to establish a restrictedbum period for the duration ofthe MaylSeptember 30 ozone season and restrictions on the use of indoor fireplaces at commercial establishments. The amendments also include additional restrictions on the operation of air curtain destructors.

Northern Regional Office Southern Regional Office 1801 W. Route 66 Suite 1 17 Flagstaff, AZ 86001 400 West Congress Street Suite 433 Tucson, AZ 85701 (928) 779-031 3 (520) 628-6733
Printed on recycledpaper

### Mr. 

### Nastri June 26,2008 Page 2

Rule 3 16 was amended to establish a minimum moisture content of four-percent at nonmetallic mineral processingplants. P-26 was amended to prohibit the use of chimneas, outdoor fire pits, and other similar outdoor fires when a high pollution advisory (HPA) for particulate matter (PM) has been issued for Area A. Enclosure 2 contains the collective SIP Completeness Checklist. Enclosure 3 containstwo paper copies and one electronic copy of each new or amended rule.

If you have any questions, please do not hesitateto contact Nancy Wrona, Director, Air Quality Division, at (602) 771-2308. Sincerely,

Director

Enclosures (3)

cc: Colleen McKaughan,EPA, w/o enclosures Jo Crumbaker, Maricopa County Air Quality Control District, w/o enclosures Nancy Wrona, ADEQ, w/o enclosures

### ENCLOSURE 1
Arizona Revised Statutes 

## 55 49-104,49-404 and 49-406

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### A.R.S. 49-104: Powers and Duties ofthe Department and Director A. The department shall: 1. Formulate policies, plans and programs to implement this title to protect the environment. 2. Stimulate and encourage all local, state, regional and federal governmental agencies and all private persons and enterprises that have similar and related objectives and purposes, cooperate with those agencies, persons and enterprises and correlate department plans, programs and operations with those of the agencies, persons and enterprises. 3. Conduct research on its own initiative or at the request of the governor, the legislature or state

or local agencies pertaining to any department objectives. 4. Provide information and advice on request of any local, state or federal agencies and private persons and business enterprises on matters within the scope of the department. 5. Consult with and make recommendations to the governor and the legislature on all matters concerning department objectives. 6. Promote and coordinate the management of air resources to assure their protection, enhancement and balanced utilization consistentwith the environmentalpolicy ofthis state. 

### 7. Promote and coordinatethe protection and enhancement of the quality of water resources consistent with the environmental policy of this state. 

### 8. Encourage industrial, commercial, residential and community development that maximizes environmental benefits and minimizes the effects of less desirable environmental conditions. 9. Assure the preservation and enhancement of natural beauty and man-made scenic qualities. 10. Provide for the prevention and abatement of all water and air pollution including that related to particulates, gases, dust, vapors, noise, radiation, odor, nutrients and heated.liquids in accordance with article 3 of this chapter and chapters 2 and 

### 3 of this title. 11.Promote and recommend methods for the recovery, recycling and reuse or, ifrecycling is not possible, the disposal of solid wastes consistent with sound health, scenic and environmental quality policies. 12. Prevent pollution through the regulation of the storage, handling and transportation of solids, liquids and gases that may cause or contributeto pollution. 13. Promote the restoration and reclamation of degraded or despoiled areas and natural resources. 14. Assist the department of health services in recruiting and training state, local and district health department personnel. 15. Participate in the state civil defense program and develop the necessary organization and facilities to meet wartime or other disasters. 16. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope ofthe department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commissionto assess and enhance the economic competitiveness of this state and of the ArizonaMexico region.

B. The department,through the director, shall:
A.R.S. 49-104: Powers and Duties ofthe Department and Director Page 1 of 41. Contract for the services of outside advisers, consultants and aides reasonably necessary or desirable to enable the departmentto adequatelyperform its duties. 2. Contract and incur obligations reasonably necessary or desirable within the general scope of department activities and operationsto enable the departmentto adequatelyperform its duties. 

### 3. Utilize any medium of communication, publication and exhibition when disseminating information, advertising and publicity in any field of its purposes, objectives or duties. 4. Adopt procedural rules that are necessary to implementthe authority granted under this title, but that are not inconsistent with other provisions of this title. 

### 5. Contract with other agencies including laboratoriesin furthering any department program. 

### 6. Use monies, facilities or services to provide matching contributions under federal or other programs that furtherthe objectives and programs ofthe department. 

### 7. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for department services and publications and to conduct programs that are consistent with the general purposes and objectives of this chapter. Monies received pursuantto this paragraph shall be deposited in the department fund correspondingto the service, publication orprogram provided. 

### 8. Provide for the examination of any premises ifthe director has reasonable cause to believe that a violation of any environmentallaw or rule exists or is being committed on the premises. The director shall give the owner or operator the opportunity for its representativeto accompany the director on an examination of those premises. Within forty-five days after the date of the examination, the department shall provide to the owner or operator a copy of any report produced as a result of any examination ofthe premises. 9. Supervise sanitary engineering facilities and projects in this state, authority for which is vested in the department, and own or lease land on which sanitary engineering facilities are located, and operate the facilities, ifthe director determines that owning, leasing or operating is necessary for the public health, safety or welfare. 10.Adopt and enforce rules relating to approving design documents for constructing, improving and operating sanitary engineering and other facilities for disposing of solid, liquid or gaseous deleterious matter. 11.Define and prescribe reasonably necessary rules regarding the water supply, sewage disposal and garbage collection and disposal for subdivisions. The rules shall: (a) Provide for minimum sanitary facilitiesto be installed in the subdivision and may require that water systemsplan for future needs and be of adequate size and capacityto deliver specified minimum quantities of drinking water and to treat all sewage. (b) Provide that the design documents showing or describing the water supply, sewage disposal and garbage collection facilities be submittedwith a fee to the department for review and that no lots in any subdivisionbe offered for sale before compliance with the standards and rules has been demonstratedby approval of the design documentsby the department. 12. Prescribe reasonably necessary measuresto prevent pollution of water used in public or semipublic swimming pools and bathing places and to prevent deleterious conditions at such places. The rules shall prescribe minimum standards for the design of and for sanitary conditions
A.R.S. 49-104: Powers and Duties of the Department and Director Page 2 of 4at any public or semipublic swimmingpool or bathing place and provide for abatement as public nuisances of premises and facilities that do not comply with the minimum standards. The rules shall be developed in cooperation with the director ofthe department of health services and shall be consistent with the rules adopted by the director ofthe department ofhealth services pursuant to section 36-136, subsection 

### H, paragraph 10. 13. Prescribe reasonable rules regarding sewage collection, treatment, disposal and reclamation systems to prevent the transmission of sewage borne or insect borne diseases. The rules shall: (a) Prescribe minimum standards for the design of sewage collection systems and treatment, disposal and reclamation systems and for operatingthe systems. (b) Provide for inspecting the premises, systems and installations and for abating as a public nuisance any collection system, process, treatment plant, disposal system or reclamation system that does not comply with the minimum standards. (c) Require that design documents for all sewage collection systems, sewage collection system extensions, treatment plants, processes, devices, equipment, disposal systems, on-site wastewater treatment facilities and reclamation systems be submittedwith a fee for review to the department and may require that the design documents anticipate and provide for future sewage treatment needs. (d) Require that construction, reconstruction, installationor initiation of any sewage collection system, sewage collection system extension, treatment plant, process, device, equipment, disposal system, on-site wastewater treatment facility or reclamation system conform with applicable requirements. 14. Prescribe reasonably necessary rules regarding excreta storage, handling, treatment, transportation and disposal. The rules shall: (a) Prescribe minimum standards for human excreta storage, handling, treatment, transportation and disposal and shall provide for inspection of premises, processes and vehicles and for abating

as public nuisances any premises, processes or vehicles that do not comply with the minimum standards. (b) Provide that vehicles transporting human excreta from privies, septic tanks, cesspools and other treatment processes shall be licensed by the department subjectto compliance with the rules. 15. Perform the responsibilities of implementing and maintaining a data automation management system to supportthe reporting requirements of title 

### I11 of the superfund amendments and reauthorization act of 1986(P.L. 99-499) and title 26, chapter 

### 2, article 3. 16. Approve remediation levels pursuant to article 4 of this chapter. 

### C. The department may charge fees to cover the costs of all permits and inspections it performs to insure compliance with rules adopted under section 49-203, subsectionA, paragraph 6, except that state agencies are exempt from paying the fees. Monies collected pursuant to this subsection shall be deposited in the water quality fee fund established by section 49-210. D. The director may: 1.If he has reasonable cause to believe that a violation of any environmental law or rule exists or is being committed, inspect any person or property in transit through this state and any vehicle in
A.R.S. 49-104: Powers and Duties of the Department and Director Page 

### 3 of 

### 4

### which the person or property is being transported and detain or disinfect the person, property or vehicle as reasonably necessary to protect the environment if a violation exists. 

### 2. Authorize in writing any qualified officer or employee in the departmentto perform any act that the director is 

### authorized or required to do by law.

A.R.S. 49-104: 

### Powers and Duties of the Department and Director Page 

### 4 of

### 4A.R.S. 49-404: StateImplementation Plan A. The director shall 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. 

### B. The director may adopt rules that describe procedures for adoption of revisionsto the state implementation plan. 

### C. The state implementation plan and all revisions adopted before September 30, 1992 remain in effect according to their terms, except to the extent otherwise provided by the clean air act, inconsistent with any provision of the clean air act, or revised by the administrator. No control requirement in effect, or required to be adopted by an order, settlement agreement or plan in effect, before the enactment ofthe clean air act in any area which is a nonattainment or maintenance area for any air pollutant may be modified after enactment in any manner unless the modification insures equivalent or greater emission reductions ofthe air pollutant. The director shall evaluate and adopt revisionsto the plan in conformity with federal regulations and guidelines promulgatedby the administrator for those purposes until the rules required by subsection 

### B are effective.

A.R.S. 49-404: State ImplementationPlan Page 1of 1

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### A.R.S. 

### 49-406: Nonattainment Area Plan A. For any ozone, carbon monoxide or particulate nonattainment or maintenance area the governor shall certifjrthe metropolitan planning organization designatedto conductthe continuing, cooperative and comprehensive transportation planning process for that area under 23 United States Code Section 134as the agency responsible for the development of a nonattainment or maintenance area plan for that area. 

### B. For any ozone, carbon monoxide or particulate nonattainment or maintenance area for which no metropolitan planning organization exists, the department shall be certified as the agency responsible for development of a nonattainment or maintenance area plan for that area. C. For any ozone, carbon monoxide or particulate nonattainment or maintenance area, the department, the planning agency certified pursuant to subsection A of this section on behalf of elected officials of affected local government, the county air pollution control department or district, and the department of transportation shall, by November 15, 1992, and from time to time

as necessary, jointly review and update planning procedures or develop new procedures. 

### D. 

### In preparing the procedures described in subsection C of this section, the department,the planning agency certified pursuant to subsection A of this section on behalf of elected officials of affected local government,the county air pollution control department or district, and the department of transportation shall determinewhich elements of each revised implementationplan will be developed, adopted, and implemented, through means including enforcement,by the state and which by local governments or regional agencies, or any combination of local governments, regional agencies or the state. 

### E. The department, the planning agency certified pursuant to subsection A of this section on behalf of elected officials of affected local government,the county air pollution control department or district, and the department of transportation shall enter into a memorandum of agreement for the purpose of coordinatingthe implementationofthe procedures described in subsection C and 

### D ofthis section. F. At a minimum, the memorandum of agreement shall contain: 1. The relevant responsibilities and authorities of each ofthe coordinating agencies. 2. As appropriate,procedures, schedules and responsibilitiesfor development of nonattainmentor maintenance area plans or plan revisions and for determining reasonable further progress. 3. Assurances for adequate plan implementation. 4. Procedures and responsibilities for tracking plan implementation. 5. Responsibilities for preparing demographic projections including land use, housing, and employment. 

### 6. Coordination with transportation programs. 7. Procedures and responsibilities for adoption of control measures and emissions limitations. 8. Responsibilities for collecting air quality, transportation and emissions data. 9. Responsibility for conducting air quality modeling. 10. Responsibility for administering and enforcing stationary source controls. 1 1. Provisions for the timely and periodic sharingof all data and information amongthe signatories relating to:

A.R.S. 49-406: Nonattainment Area Plan Page 1of 3(a) Demographics. (b) Transportation. (c) Emissions inventories. (d) Assumptions used in developing the model. (e) Results of modeling done in support ofthe plan. (f) Monitoring data. 

### G. Each agency that commitsto implement any emission limitation or other control measure,

means or technique contained in the implementationplan shall describethat commitment 

### in a resolution adopted by the appropriate governingbody ofthe agency. The resolution shall specify the following: 1.Its authority for implementing the limitation or measure as provided 

### in statute, ordinance or rule. 

### 2. A program for the enforcement of the limitationor measure. 3. The level of personnel and funding allocated to the implementationof the measure. 

### H. The state, in accordance with the rules adopted pursuantto section 49-404, and the governing body of the metropolitan planning organization shall adopt each nonattainment or maintenance

area plan developedby a certified metropolitan planning organization. The adopted nonattainment or maintenance area plan shall be transmitted to the department for inclusion in the state implementationplan provided for under section 49-404. I. After adoption of a nonattainment or maintenance area plan, if on the basis ofthe reasonable further progress determination described in subsection

### F of this section or other information,the control officer determines that any person has failed to implement an emission limitation or other control measure, means or technique as described in the resolution adopted pursuant to subsection 

### G of this section, the control officer shall issue a written finding to the person, and shall provide an opportunityto confer. If the control officer subsequently determines that the failure has not been corrected,the county attorney, at the request of the control officer, shall file an action in superior court for a preliminary injunction, a permanent injunction, or any other relief provided by law. J. After adoption of a nonattainment or maintenance area plan, if, on the basis ofthe reasonable further progress determination described in subsection

### F ofthis section or other information, the director determines that any person has failedto implement an emission limitation or other control measure, means or technique as described in the resolution adopted pursuant to subsection 

### G ofthis section, and that the control officer has failed to act pursuantto subsection I of this section,the director shall issue a written finding to the person and shall provide an opportunity to confer. If the director subsequently determines that the failure has not been corrected, the attorney general, at the request ofthe director, shall file an action in superior court for a preliminary injunction, a permanent injunction, or any other relief provided by law. 

### K. Notwithstanding subsections A and 

### B of this section, in any metropolitan area with a metropolitan statistical area population of less than two hundred fifty thousand persons, the governor shall designate an agency that meets the criteria of section 174 ofthe clean air act and that is recommendedby the city that causes the metropolitan areato exist and the affected county.

A.R.S. 49-406: Nonattainment Area Plan Page 

### 2 of 

### 3That agency shall prepare and adopt the nonattainmentor maintenance area plan. 

### If the governor does not designate an agency,the department shall be certified as the agency responsible for the development of a nonattainment or maintenance area plan for that area.



### A.R.S. 49-406: Nonattainment Area Plan

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### 3

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### ENCLOSURE 2 

### State Implementation Plan Completeness Checklist

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### STATE IMPLEMENTATION PLAN COMPLETENESS CHECKLIST
Submittal of Revisions to the Maricopa County Portion of the Arizona State Implementation Plan

1. SCTBMITTAL LETTER FROM GOVERNORIDESIGNEE

See cover letter.

2. 

### EVIDENCE OF ADOPTION

See cover letter.
3. STATE LEGAL AUTHORITY FOR ADOPTION/IMPLEMENTATION
See Enclosure 1.

4. COMPLETE COPY OF STATUTEIREGULATIONIDOCUMENT

See Enclosure 3.

5. 

### WRITTEN SUMMARY OF RULEIRULE CHANGE

See Enclosure 3.



### 6. 

### RULE CHANGES INDICATED BY UNDERLINING AND CROSS-OUTS

See Enclosure 3.

7. 

### EVIDENCE THAT ARIZONA ADMINISTRATIVE PROCEDURE ACT REQUIREMENTS WERE MET FOR RULEIPLAN

See Enclosure 3.
8. EVIDENCE OF PUBLIC HEARING PER 40 CFR 5

### 1.102

See Enclosure 3.

9. 

### PUBLIC COMMENTS AND AGENCY RESPONSE

See Enclosure 3. 

# -

### 10. IDENTIFICATION OF POLLUTANTS REGULATED BY RULEIPLAN

See Enclosure 3.

11. IDENTIFICATION OF SOURCES/ATTAINMENT STATUS

See Enclosure 3.

12. RULE'SIPLAN'S EFFECT ON EMISSIONS
See Enclosure 3. 13. DEMONSTRATION THAT NAAQS, PSD INCREMENTS AND RFP ARE PROTECTED

SeeEnclosure 3.

14. MODELING SUPPORT Not applicable.

15. EVIDENCE THAT EMISSIONS LIMITATIONS ARE BASED ON CONTINUOUS EMISSIONS REDUCTION TECHNOLOGY Not applicable.
16. IDENTIFICATION OF RULE SECTIONS CONTAINING EMISSION LIMITS, WORK PRACTICE STANDARDS,AND/OR RECORD KEEPINGIREPORTINGREQUIREMENTS
See Enclosure 3.

17. COMPLIANCEIENFORCEMENT STRATEGIES

SeeEnclosure 3.

18. 

### ECONOMIC TECHNICAL JUSTIFICATION FOR DEVIATION FROM U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) POLICIES

No known deviation from EPA policy.

### ENCLOSURE 3 Revisions to the Maricopa CountyPortion of the Arizona State ImplementationPlan

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