Janet Napolitano 

Governor 

11 10 West Washington Street Phoenix, Arizona 85007 

(602) 771 -2300 www.azdeq.gov stephen A. Owens 

Director 

JUL 1 0 2008 

RECEIVED 

Mr. Wayne Nastri, Regional Administrator 

U.S. Environmental Protection Agency, 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 3 00,3 l0,3 10.0 1,3 14,3 16, 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 $5 49-104,49-404,49-406, and the Code of 

Federal Regulation, Title 40, the Arizona Department of Environmental Quality hereby adopts and 

submits to the U.S. Environmental Protection Agency (EPA), Maricopa County Rules 300,3 10, 3 10.01, 

3 14,3 16, and Ordinance P-26, as revisions 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 PMlo for the Maricopa County Nonattainment Area. 

Rule 300 was amended to establish new procedures when conducting opacity tests. 

Rule 3 10 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 3 10 also now 

requires trackout clean-up for gutters, sidewalks, and curbs, in addition to public roadways. 

Rule 3 10.01 was amended to establish mitigation measures to prevent trackout from unpaved 

parking lots and livestock areas. The amendments include a provision authorizing the County to 

pave any unpaved parking lot at the property owner's expense if the owner fails to comply with a 

30 day notification letter. 

Rule 3 14 was amended to establish a restricted bum period for the duration of the 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 recycled paper 
Mr. Nastri 

June 26,2008 

Page 2 

Rule 3 16 was amended to establish a minimum moisture content of four-percent at nonmetallic 

mineral processing plants. 

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 contains two paper copies 

and one electronic copy of each new or amended rule. 

If you have any questions, please do not hesitate to 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 of the 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 consistent with the environmental policy of this state. 

7. Promote and coordinate the 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, if recycling 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 contribute to 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 of the 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 

commission to 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 of the Department and Director Page 1 of 4 
1. Contract for the services of outside advisers, consultants and aides reasonably necessary or 

desirable to enable the department to adequately perform its duties. 

2. Contract and incur obligations reasonably necessary or desirable within the general scope of 

department activities and operations to enable the department to adequately perform 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 implement the authority granted under this title, 

but that are not inconsistent with other provisions of this title. 

5. Contract with other agencies including laboratories in furthering any department program. 

6. Use monies, facilities or services to provide matching contributions under federal or other 

programs that further the objectives and programs of the 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 

pursuant to this paragraph shall be deposited in the department fund corresponding to the service, 

publication or program provided. 

8. Provide for the examination of any premises if the director has reasonable cause to believe that 

a violation of any environmental law or rule exists or is being committed on the premises. The 

director shall give the owner or operator the opportunity for its representative to 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 of the 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, if the 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 facilities to be installed in the subdivision and may require that 

water systems plan for future needs and be of adequate size and capacity to 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 submitted with a fee to the department for review and that no 

lots in any subdivision be offered for sale before compliance with the standards and rules has 

been demonstrated by approval of the design documents by the department. 

12. Prescribe reasonably necessary measures to 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 4 
at any public or semipublic swimming pool 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 of the department of health services and shall 

be consistent with the rules adopted by the director of the department of health services pursuant 

to section 36-1 36, 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 operating the 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 submitted with 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, installation or 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 subject to compliance with the 

rules. 

15. Perform the responsibilities of implementing and maintaining a data automation management 

system to support the 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, subsection A, 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 department to 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 4 
A.R.S. 49-404: State Implementation 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 revisions to 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 of the 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 of the air pollutant. The director 

shall evaluate and adopt revisions to the plan in conformity with federal regulations and 

guidelines promulgated by the administrator for those purposes until the rules required by 

subsection B are effective. 

A.R.S. 49-404: State Implementation Plan Page 1 of 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 certifjr the metropolitan planning organization designated to conduct the 

continuing, cooperative and comprehensive transportation planning process for that area under 23 

United States Code Section 134 as 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 determine which elements of each revised implementation plan 

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 coordinating the implementation of the procedures described in 

subsection C and D of this section. 

F. At a minimum, the memorandum of agreement shall contain: 

1. The relevant responsibilities and authorities of each of the coordinating agencies. 

2. As appropriate, procedures, schedules and responsibilities for development of nonattainment or 

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 sharing of all data and information among the 

signatories relating to: 

A.R.S. 49-406: Nonattainment Area Plan Page 1 of 3 
(a) Demographics. 

(b) Transportation. 

(c) Emissions inventories. 

(d) Assumptions used in developing the model. 

(e) Results of modeling done in support of the plan. 

(f) Monitoring data. 

G. Each agency that commits to implement any emission limitation or other control measure, 

means or technique contained in the implementation plan shall describe that commitment in a 

resolution adopted by the appropriate governing body of the 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 limitation or measure. 

3. The level of personnel and funding allocated to the implementation of the measure. 

H. The state, in accordance with the rules adopted pursuant to section 49-404, and the governing 

body of the metropolitan planning organization shall adopt each nonattainment or maintenance 

area plan developed by a certified metropolitan planning organization. The adopted 

nonattainment or maintenance area plan shall be transmitted to the department for inclusion in the 

state implementation plan provided for under section 49-404. 

I. After adoption of a nonattainment or maintenance area plan, if on the basis of the 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 opportunity to 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 of the reasonable 

further progress determination described in subsection F of this section or other information, the 

director 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, and that the control officer has failed to act pursuant to 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 of the 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 of the clean air act and 

that is recommended by the city that causes the metropolitan area to exist and the affected county. 

A.R.S. 49-406: Nonattainment Area Plan Page 2 of 3 
That agency shall prepare and adopt the nonattainment or 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 

" - --.- - 

Page 3 of 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. 

1 1. 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 

See Enclosure 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 KEEPINGIREPORTING REQUIREMENTS 

See Enclosure 3. 

17. COMPLIANCEIENFORCEMENT STRATEGIES 

See Enclosure 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 County Portion of the Arizona State Implementation Plan 
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