The EPA Regional Administrator, Jared Blumenfeld, signed the following rule on September 25, 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-2015-0240.

6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0240; FRL-]

Approval of Implementation Plans; Arizona, Phoenix-Mesa; 2008

Ozone Standard Requirements 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The Environmental Protection Agency (EPA) is taking 

direct final action to approve revisions to the Arizona State 

Implementation Plan (SIP) concerning the emission inventory, 

emission statements, reasonably available control technology 

corrections and the vehicle inspection and maintenance 

requirements for the Phoenix-Mesa 2008 eight-Hour Ozone National 

Ambient Air Quality Standard (NAAQS) Marginal nonattainment

area. We are approving these revisions under the Clean Air Act 

(CAA or the Act).

DATES: This rule is effective on [Insert date 60 days after the 

date of publication in the Federal Register] without further 

notice, unless the EPA receives adverse comments by [Insert date 

30 days after the date of publication in the Federal Register].
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September 25, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

2

If we receive such comments, we will publish a timely withdrawal 

in the Federal Register to notify the public that this direct 

final rule will not take effect.

ADDRESSES: Submit comments, identified by docket number [EPAR09-OAR-2015-0240 by one of the following methods:

1. Federal eRulemaking Portal: www.regulations.gov. Follow the 

on-line instructions.

2. E-mail: levin.nancy@epa.gov.

3. Mail or deliver: Nancy Levin (Air-4), U.S. Environmental 

Protection Agency Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105-3901. 

Instructions: Once submitted, comments cannot be edited or 

withdrawn. The EPA may publish any comment received to its 

public docket. Do not submit electronically any information you 

consider to be Confidential Business Information (CBI) or other 

information whose disclosure is restricted by statute. If you 

need to include CBI as part of your comment, please visit 

http://www.epa.gov/dockets/comments.html for further 

instructions. Multimedia submissions (audio, video, etc.) must 

be accompanied by a written comment. The written comment is 

considered the official comment and should include discussion of 

all points you wish to make. For the full EPA public comment 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on 

September 25, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version. 

3

policy and general guidance on making effective comments, please 

visit http://www.epa.gov/dockets/comments.html.

Docket: Generally, documents in the docket for this action are 

available electronically at www.regulations.gov or in hard copy 

at EPA Region IX, 75 Hawthorne Street, San Francisco, California

94105-3901. While all documents in the docket are listed at 

www.regulations.gov, some information may be publicly available 

only at the hard copy location (e.g., copyrighted material, 

large maps), and some may not be publicly available in either 

location (e.g., CBI). To inspect the hard copy materials, please 

schedule an appointment during normal business hours with the 

contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, 

(415) 972-3848, Levin.nancy@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us,”

and “our” refer to the EPA.

Table of Contents 

I. Background.

II. Procedural Requirements for Adoption and Submittal of SIP 

Revisions.

III. Analysis of the State’s Submittal.

A. Base Year Emissions Inventory.
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B. Emission Statements.

C. Reasonably Available Control Technology Corrections.

D. Vehicle Inspection and Maintenance Programs.

E. Permit Programs: Nonattainment Area Preconstruction, New 

Source Review.

F. Offset Requirements.

G. Transportation Conformity.

IV. Final Action.

V. Statutory and Executive Order Reviews.

I. Background.

On March 12, 2008, the EPA strengthened the primary and 

secondary eight-hour ozone NAAQS to 0.075 ppm (annual fourthhighest daily maximum eight-hour concentration, averaged over 

three years)(73 FR 16436).1 In accordance with section 107(d) of 

the CAA, the EPA must designate an area “nonattainment” if it is 

violating the NAAQS or if it is contributing to a violation of 

the NAAQS in a nearby area. The EPA designated the Phoenix-Mesa 

(hereinafter referred to as “Maricopa") area as nonattainment 

 

1 Since the 2008 primary and secondary NAAQS for ozone are identical, for 

convenience, we refer to both as "the 2008 ozone NAAQS" or "the 2008 ozone 

standards."
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for the 2008 ozone NAAQS on May 21, 2012, effective July 20, 

2012 (77 FR 30088). The Maricopa nonattainment area (NAA), which 

includes a portion of Maricopa County and a portion of Pinal 

County, was classified by operation of law as a Marginal 

nonattainment area (40 CFR 81.303). The Arizona Department of 

Environmental Quality (ADEQ) submitted the “Maricopa Association 

of Governments 2014 Eight-Hour Ozone Plan – Submittal of 

Marginal Area requirements for the Maricopa Nonattainment Area 

(June 2014)” (“MAG 2014 Eight-Hour Ozone Plan” or “Submittal”) 

on July 2, 2014. 

The EPA proposed the 2008 ozone NAAQS SIP Requirements Rule 

(SRR) on June 6, 2013 (78 FR 34178) and finalized the SRR on 

March 6, 2015 (80 FR 12264, codified at 40 CFR part 51, subpart 

AA), effective April 6, 2015. The SRR both promulgated 

implementation requirements for the 2008 ozone NAAQS and revoked 

the 1997 ozone NAAQS.2

On August 27, 2015, the EPA proposed to reclassify the 

Maricopa NAA as Moderate for the 2008 ozone NAAQs because the 

 

2 The SRR revokes the 1997 NAAQS, but not all of the requirements for 

implementing the 1997 NAAQS.
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Maricopa NAA failed to attain the 2008 ozone NAAQS by the 

Marginal area attainment deadline of July 20, 2015 (80 FR 

51992). Should this action be finalized, the Maricopa NAA would 

be subject to additional requirements, including 1) an 

attainment demonstration; 2) provisions for reasonably available 

control technology (RACT) and reasonably available control 

measures (RACM); 3) reasonable further progress (RFP) reductions 

in volatile organic compounds (VOC) and/or nitrogen oxide (NOx) 

emissions; 4) contingency measures; 5) a vehicle inspection and 

maintenance program; and 6) NOx and VOC emission offsets at a 

ratio of 1.15 to 1 for major source permits (see 40 CFR part 51, 

subpart AA and CAA sections 182(b) and 172(c)). A SIP revision 

addressing all of these requirements would be due to the EPA by 

January 1, 2017.3

II. Procedural Requirements for Adoption and Submittal of SIP 

Revisions.

CAA section 110(a)(1) and 110(l) require states to provide 

reasonable notice and public hearing prior to adoption of SIP 

revisions. Section 110(k)(1)(B) requires the EPA to determine 

 

3 80 FR 51992, 51999.
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whether a SIP submittal is complete within 60 days of receipt. 

Any plan that we have not affirmatively determined to be 

complete or incomplete will become complete six months after the 

day of submittal by operation of law. A finding of completeness 

does not approve the submittal as part of the SIP nor does it 

indicate that the submittal is approvable. It does start a 12-

month clock for the EPA to act on the SIP submittal (see CAA 

section 110(k)(2)).

ADEQ’s Submittal documents the public review process 

followed by MAG and ADEQ in adopting the “MAG 2014 Eight-Hour 

Ozone Plan – Submittal of Marginal Area Requirements for the 

Maricopa Nonattainment Area” prior to submittal to the EPA as a 

revision to the SIP (See Appendix B.1). In addition, ADEQ’s 

Submittal documents the adoption of the MAG 2014 Eight-Hour 

Ozone Plan by the MAG Regional Council and includes a letter 

dated June 27, 2014 from MAG to ADEQ, requesting that ADEQ 

submit the MAG 2014 Eight-Hour Ozone Plan to the EPA for 

approval. 

Based on the documentation included in ADEQ’s Submittal, we 

find that the submittal of the MAG 2014 Eight-Hour Ozone Plan, 

as a SIP revision, satisfies the procedural requirements of 

sections 110(a)(1) and 110(l) of the Act requiring states to 
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provide reasonable notice and public hearing prior to adoption 

of SIP revisions. The MAG 2014 Eight-Hour Ozone Plan became 

complete by operation of law on January 2, 2015 pursuant to 

section 110(k)(1)(B). The technical support document (TSD) for 

our action has more information on our evaluation.

III. Analysis of the State’s Submittal.

For Marginal nonattainment areas, states are required to 

comply with sections 172(c) and 182(a) of the Act. Marginal 

areas have up to three years from the effective date of 

designation to attain the NAAQS (40 CFR 51.1103(a)). Unlike 

areas classified as Moderate and above, Marginal areas are not 

required to submit an attainment demonstration or RFP provisions 

(see CAA section 182(a) and 80 FR 12268). Below we summarize the 

CAA and SRR requirements, how they are addressed in the 

Submittal, and our recommended action. Please refer to the TSD 

in the docket for this action for additional information. 

A. Base Year Emissions Inventory.

1. Statutory and Regulatory Requirements.

CAA section 182(a)(1) and 40 CFR 51.1115(a) require states 

to submit a “base year inventory” for each 2008 ozone 

nonattainment area within two years of the effective date of 

designation. This inventory must be “a comprehensive, accurate, 
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current inventory of actual emissions from sources of VOC and 

NOx emitted within the boundaries of the nonattainment area as 

required by CAA section 182(a)(1)” (40 CFR 51.1100(bb), see also 

CAA section 172(c)(3)). The inventory year must be selected 

consistent with the baseline year for the RFP plan, which is 

typically the most recent calendar year for which a complete 

triennial inventory is required to be submitted to the EPA under 

the Air Emissions Reporting Requirements (AERR) (40 CFR part 51, 

subpart A) (see 40 CFR 51.1115(a), 51.1110(b)). The emission 

values in the base year must be “actual ozone season day 

emissions,” i.e. “an average day's emissions for a typical ozone 

season work weekday.” (40 CFR 51.1115(c), 51.1100(cc)). 

2. Summary of the State’s Submittal.

The Maricopa County Air Quality Department (MCAQD) prepared 

a base year emissions inventory, with the assistance of MAG, and 

MAG submitted the base year inventory as part of the MAG 2014 

Eight-hour Ozone Plan.4 MCAQD selected 2011 as the base year. The 

 

4 MAG 2014 Eight-hour Ozone Plan, Table 1 – Summary Table of Nonattainment 

Area Emissions from the Maricopa County Air Quality Department 2011 Periodic 

Emissions Inventory for Ozone Precursors, February 2014, page 5. See also 

Appendix A, Exhibit 1.
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base year inventory includes ozone season-day emissions from 

point sources, area sources, nonroad mobile sources, and on-road 

mobile sources. Appendix A, Exhibit 1 of the MAG 2014 Eight-Hour 

Ozone Plan includes a description of the methods used to 

estimate emissions for each category (or subcategory). 

The following is a summary of the 2011 Maricopa NAA 

Emissions Inventory.5

Maricopa NAA 2011 Base Year Eight-hour Ozone Season Day

Emission Inventory (July-September)

Category

VOC lbs/

day

% of 

total

NOx lbs/

day

% of 

total

Point sources 4,908 1% 15,407 3.1%

Area sources

Fuel combustion 593 0.1% 23,484 4.8%

Industrial 

processes 17,452 4% 1,490 0.3%

Solvent use 166,557 34% 0 0%

Storage/transport 28,766 6% 0 0%

Waste 

treatment/disposa

l 838 0% 316 0.1%

Miscellaneous 

area sources 13,650 3% 6,532 1.3%

Mobile - Non road 

sources 111,798 23%

141,44

4 28.8%

Mobile - On road 

sources 148,186 30%

301,82

4 61.5%

Total (excluding 492,748 100% 490,49 100.0%

 

5 MAG 2014 Eight-Hour Ozone Plan, Table 1, pp. 5-6.
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biogenic)* 5

*Differences due to rounding.

The TSD for this action contains more information about how 

MCAQD developed the emission inventory (EI) data for each 

category of sources. 

3. EPA Evaluation of the State’s Submittal.

The EPA has reviewed the 2011 ozone season day base year 

inventory including emission estimates for point source, area 

source, nonroad and onroad sources. We find that MCAQD’s 

selection of 2011 as the base year is appropriate because 2011 

was the most recent calendar year for which a complete triennial 

inventory was required to be submitted to the EPA under the AERR

(see 40 CFR 51.30(b)). We also find that the data elements in 

the base year inventory are “consistent with the detail” 

required by the AERR. Generally, MCAQD used published emission 

factors from EPA’s National Emissions Inventory,6 made 

 

6 The National Emissions Inventory (NEI) is a comprehensive and detailed 

estimate of air emissions of air pollutants from all air emissions sources. 

The NEI is prepared every three years by the EPA based primarily upon 

emission estimates and emission model inputs provided by State, Local and 
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assumptions consistent with the EPA’s Emission Inventory 

Improvement Program Guidance,7 and used the most recent EPA 

models available at the time of inventory preparation. In 

addition, the Submittal provides sufficient documentation and 

explanation to allow the EPA to make a determination on the 

acceptability of the base year inventory. 

However, we believe that MCAQD’s initial selection of JulySeptember as the basis for calculating the “ozone season day 

emissions” was not appropriate because it was based on 1981-1991 

exceedance data for a previous ozone NAAQS.8 Accordingly, we 

requested that MCAQD review more recent ozone monitoring data. 

Upon review of these data, MCAQD determined that the appropriate 

 

Tribal air agencies for sources in their jurisdictions, and supplemented by 

data developed by the EPA. See

http://www3.epa.gov/ttn/chief/eiinformation.html

7 See, e.g., EPA, Emissions Inventory Improvement Program (EIIP), Volume III, 

Chapter 1. Introduction to Area Source Emission Inventory Development 

(Revised Final January 2001), Chapter 11. Gasoline Marketing (Stage I and 

Stage II) (Revised Final January 2001); Chapter 18. Structure Fires (Revised 

Final January 2001), and Area Source Category Method Abstract - Leaking 

Underground Storage Tanks, May 2001. 8 See Appendix A, Exhibit 1: 2011 Periodic Emissions Inventory for Ozone 

Precursors for the Maricopa County, Arizona, Eight-Hour Ozone Nonattainment 

Area. Maricopa County Air Quality Department. February 2014. An “exceedance” 

is an ambient concentration that exceeds the relevant NAAQS. 
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months to use to calculate ozone season day emissions are JuneAugust.9 Therefore, MCAQD provided a “recast” ozone season day EI 

for June-August.10 The MCAQD’s “recast” analysis shows that, 

compared with the July-September EI, the June-August EI showed a 

small net increase in season day emissions for anthropogenic 

sources: VOC increased 0.41% and NOx increased 2.15%. MCAQD also 

added emission reduction credits (ERCs) to the June-August EI 

for point sources. Total VOC ERCs were adjusted from 114.7 to 

213.03 tons/year (1,167 lbs/season day) and total NOx ERCs were 

adjusted from 9.8 to 14.14 tons/year (77.5 lbs/season day) to 

account for additional VOC and NOx ERCs.11

We agree with MCAQD that using June-August to calculate 

ozone season day emissions for the base year inventory is 

appropriate for the Maricopa NAA, given that it was the threemonth period with the highest average Air Quality Index value 

and the greatest number of exceedances of the 2008 ozone 

 

9 Maricopa County Air Quality Department, 2011 Periodic Emissions Inventory 

for Ozone Precursors for the Maricopa County, Arizona, Eight-Hour Ozone 

Nonattainment Area, Addendum, August 2015, section 3.1. 10 Ibid. section 3.2. 11 ERCs from Penn Racquet Sports Inc. (March 6, 2009). See Addendum, Table 

A.1.
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standard in the NAA in 2011. However, in light of the relatively 

small differences in total anthropogenic emissions between the 

June-August 2011 and July-September 2011 periods, we do not 

believe it is necessary for MCAQD, MAG and ADEQ to submit a 

formal SIP revision reflecting the June-August period at this 

time. Accordingly, we find that the base year emission estimates 

approaches and methodologies are acceptable and that the state 

has met the requirements of the Act and the SRR with respect to 

base year inventories. We recommend that a revised 2011 seasonday EI based on June-August data be included as part of a 

subsequent SIP revision to meet the CAA's Moderate ozone 

nonattainment area requirements, as described above.

B. Emissions Statements.

1. Statutory and Regulatory Requirements.

Section 182(a)(3)(B)(i) of the Act requires States to 

submit a SIP revision requiring owners or operators of 

stationary sources of VOC or NOx to provide the State with 

statements of actual emissions from such sources. Statements 

must be submitted at least every year and must contain a 

certification that the information contained in the statement is 

accurate to the best knowledge of the individual certifying the 

statement. Section 182(a)(3)(B)(ii) allows States to waive the 
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emission statement requirement for any class or category of 

stationary sources that emit less than 25 tons per year of VOCs 

or NOx, if the state provides an inventory of emissions from 

such class or category of sources as part of the baseline or 

periodic inventory. This inventory must be based on the use of 

the emission factors established by the EPA or other methods 

acceptable to the EPA.

2. Summary of the State’s Submittal.

ADEQ references three SIP-approved rules as meeting the 

requirements of CAA section 182(a)(3)(B): Maricopa County Rule 

100, Section 500 – Monitoring and Records, ADEQ Rule 18-2-327 -

Annual Emissions Inventory Questionnaire and Pinal County rule 

PG3-1-103 - Annual EI questionnaire.

3. EPA Evaluation of the State’s Submittal.

Maricopa County Rule 100 (Section 500, Subsection 503) 

(approved into the Arizona SIP on November 5, 2012 (77 FR 

66405)) requires owners/operators of sources that emit NOx or 

VOC to submit, upon request of the Control Officer, emission 

statements showing actual or estimated actual emissions of NOx 

and VOC, containing (at a minimum) all information required by 
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Consolidated Emissions Reporting Rule,12 40 CFR subpart A, 

appendix A, table 2a.13 Section 503 also requires that Emissions 

Statements be submitted annually. The Control Officer may waive 

this requirement for the owner/operator of any source that emits 

less than 25 tons per year of NOx or VOC with an approved 

emission inventory for sources based on AP-42 or other 

methodologies approved by the EPA. 

ADEQ Rule 18-2-327, Annual Emissions Inventory 

Questionnaire (approved into the Arizona SIP on November 5, 2012

(77 FR 66405)), requires every source subject to air permit 

requirements to complete and submit an annual emissions 

inventory questionnaire including facility contact information, 

process and control device descriptions, and a quantification of 

actual emissions of regulated air pollutants14 using the 

appropriate quantification method as described in the rule. 

Pinal County Rule PG3-1-103 (approved into the Arizona SIP 

 

12 The Consolidated Emissions Reporting Rule is now part of the AERR (see 73 

FR 76539).

13 Appendix G of the Maricopa County Air Pollution Control Rules, section 4, 

specifies that 40 CFR, Subpart A, Appendix A, Table 2a is incorporated by 

reference as of July 1, 2014. Table 2a was revised on February 19, 2015 (80 

FR 8787, 8790). 14 Regulated air pollutant is defined by SIP-approved ADEQ rule R18-2-101, 

section 120 to include NOx and VOC. (See 40 CFR 52.120(c)(162)(i)(A)(2),
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on December 20, 2000 (65 FR 79742)) requires every source that 

is subject to a permit or obtains an authorization to operate, 

to complete and submit to the Control Officer an annual 

emissions inventory questionnaire. The questionnaire must 

include the source’s name, address, contact information, 

address, and process information (e.g., including design 

capacity, operations schedule, emission control devices).15

Based on the contents of these rules, we find that Arizona 

has met the requirements of CAA section 182(a)(3)(B) for 

emission statements.

C. Reasonably Available Control Technology Corrections.

1. Statutory and Regulatory Requirements.

Section 182(a)(2)(A) of the CAA requires the State to 

submit, within six months of classification under section 

181(a), all rules and corrections to existing RACT rules that 

were required under section 172(b) of the old (pre-1990 

Amendments) CAA. Newly designated nonattainment areas are not 

 

15 On September 27, 2006 ADEQ submitted an amendment to PG Rule 3-1-103, 

however, the change does not substantively change the rule. Rather it 

reflected ADEQ’s reclassification of Class A and Class B permits to Class I, 

Class II, and Class III. Under this amendment, the term “Class B permits” is 

replaced by “Class II or Class II permits.”
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subject to the RACT "fix-ups" required by section 182(a)(2)(A) 

because they were not subject to section 172(b) of the old law 

(see 57 FR 13498, 13503). 

2. Summary of the State’s Submittal.

The Submittal lists the SIP-approved Rules that apply to 

source categories subject to CAA section 182(a)(2)(A) and notes 

that the EPA approved Arizona’s RACT demonstration for the 

Maricopa County 1-hour Serious Area Ozone NAA on June 14, 2005 

(70 FR 34362). 

3. EPA Evaluation of the State’s Submittal.

As noted in the Submittal, the EPA previously determined 

that Arizona had met the VOC RACT requirements under section 

182(a)(2)(A) for the Maricopa one-hour ozone NAA (see 70 FR 13435 

and 70 FR 34363). Although the NAA for the 2008 eight-hour ozone 

standard is larger than that the one-hour NAA, only the original 

one-hour area is subject to the RACT correction requirement of 

182(a)(2)(A). Therefore, we find that Arizona has met the 

requirements of CAA section 182(a)(2)(A) with respect to the 

Maricopa 2008 eight-hour ozone NAA.

D. Vehicle Inspection and Maintenance Programs.

1. Statutory and Regulatory Requirements.
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Section 182(a)(2)(B)(i) of the Act requires the State to 

submit a revision, immediately after November 15, 1990, to 

correct any pre-1990 schedules for vehicle emission control 

inspection and maintenance programs, immediately after November 

15, 1990. In addition, section 182(a)(2)(B)(ii) requires that 

the State shall review, revise, update, and republish in the 

Federal Register the guidance for the States for motor vehicle 

inspection and maintenance (I/M) programs within 1 year of

November 15, 1990. The EPA's I/M regulations are codified at 40 

CFR part 51, subpart S ("Inspection/Maintenance Program 

Requirements"), sections 51.350 through 51.373. As explained in 

the preambles to proposed and final SRR, no new vehicle I/M 

programs are currently required for purposes of the 2008 ozone 

NAAQS (78 FR 34194-34196, 80 FR 12283).

2. Summary of the State’s Submittal.

The Submittal notes that the EPA approved ADEQ’s Basic and 

Enhanced Vehicle Emissions Inspection and Maintenance Programs 

on January 22, 2003, and approved a statutory provision 

extending the State’s vehicle emissions inspection program on 

December 21, 2009 (74 FR 67819).

3. EPA Evaluation of the State’s Submittal.
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As noted in the Submittal, the EPA previously approved an 

"enhanced" I/M program that exceeds the requirements of section 

182(a)(2)(B) for the Phoenix-Mesa nonattainment area (69 FR 2912 

(January 22, 2003)). Therefore, we find that Arizona has met the 

requirements of CAA section 182(a)(2)(B) with respect to the 

Maricopa 2008 eight-hour ozone NAA.

E. Permit Programs: Nonattainment Area Preconstruction, New 

Source Review.

1. Statutory and Regulatory Requirements.

Section 182(a)(2)(C) of the Act, requires states to submit 

a SIP revision within two years after November 15, 1990 to 

require pre-construction permits for new or modified major 

stationary sources in the NAA, and to correct requirements 

regarding pre-1990 permit programs. However, as explained in the 

preambles to the EPA’s final Phase 2 implementation rule for the 

1997 eight-hour standard and the final SRR, the EPA considers 

the submission of new source review (NSR) SIPs due on November 

15, 1992 to have fulfilled this CAA requirement (See 75 FR 

71683, n. 110, and 80 FR 12267). Therefore, the EPA has 

concluded that the two-year deadline contained in CAA section 

182(a)(2)(C)(i) does not apply to subsequent NSR SIPs for 

revised ozone standards, including the nonattainment NSR SIPs 
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for implementing the eight-hour ozone NAAQS. (Id.) Accordingly, 

the SRR at 40 CFR 51.1114 sets a deadline of three years from 

the date of designation for states to submit their nonattainment 

NSR program SIPs for the 2008 ozone NAAQS.

2. Summary of the State’s Submittal.

The Submittal describes the roles of ADEQ, MCAQD and PCAQCD 

in implementing the preconstruction permit program in the 

Maricopa NAA. In particular, the Submittal explains that ADEQ 

has permitting jurisdiction for the following stationary source 

categories: smelting of metal ores, coal-fired electric 

generating stations, petroleum refineries, Portland cement 

plants, and portable sources. ADEQ also has permitting 

jurisdiction over other major sources in Pinal County, but has 

delegated implementation of the major source program to PCAQCD, 

which implements ADEQ’s major NSR rules. MCAQD has jurisdiction 

over other sources in Maricopa County. The Submittal also 

described various SIP revisions submitted by ADEQ to meet 

nonattainment NSR requirements.

3. EPA Evaluation of the State’s Submittal.

The EPA recently finalized a limited approval and limited 
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disapproval of various rules that comprise ADEQ’s NSR program.16

We expect that ADEQ will revise these rules in the near future.

With regard to MCAQD’s rules, we note that ADEQ had submitted 

MCAQD Rule 240 – Permits for New Major Sources and Major 

Modifications to Existing Major Sources to the EPA on August 31, 

1995, but withdrew it on April 25, 2014 in order to revise and 

resubmit it to the EPA for SIP approval. ADEQ published a 

proposed notice of rulemaking for amendments to Rule 240 and 

other related rules on August 31, 2015.17 Given the expected 

submittal of revised ADEQ and MCAQD NSR rules in the near 

future, we are deferring action on this element of the MAG 2014 

Eight-Hour Ozone Plan at this time.

F. Offset Requirements.

CAA Section 173 requires new and modified major sources in 

nonattainment areas to secure emissions reductions (i.e., 

"offsets") to compensate for a proposed emissions increase. For 

 

16 Final rule, Revisions to Air Plan; Arizona; Stationary Sources; New Source 

Review (pre-publication version, signed June 29, 2015). 17 On July 31, 2015 the Arizona Secretary of State published a notice of 

proposed rulemaking to amend MCAQD’s rules relating to NSR, including Rule 

240. See Arizona Administrative Register (AAR) Vol. 21, Issue 31, page 1302 

(July 31, 2015), available at: 

http://apps.azsos.gov/public_services/register/2015/31/28_county_notices.pdf. 

It also announced a 30-day comment period that ended August 31, 2015.
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Marginal areas, section 182(a)(4) of the Act sets a general 

offset ratio of 1.1 to 1 for total VOC and NOx emission 

reductions as compared to VOC and NOx emission increases. The 

Submittal references ADEQ Rule R18-2-404(J) and Maricopa County 

Air Pollution Control Regulations, Rule 240, Section 306.3 as 

fulfilling the requirements of CAA section 182(a)(4). Given the 

expected submittal of revised ADEQ and MCAQD NSR rules in the 

near future, we are deferring action on this element of the MAG 

2014 Eight-Hour Ozone Plan at this time.

G. Transportation Conformity.

The Submittal lists "Meet Transportation Conformity Requirements 

- CAA Section 176(c)" as a marginal area requirement. We note 

that motor vehicle emission budgets, used in transportation 

conformity determinations, are not required for marginal areas

because such areas are not required to submit a “control 

strategy implementation plan revision.” 18 However, as noted 

above, the EPA has proposed to reclassify the Maricopa NAA to 

Moderate nonattainment. If the reclassification is finalized, 

 

18 See 40 CFR 93.101.
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MAG would be required to develop motor vehicle emission budgets 

as part of a Moderate area attainment demonstration. In the 

meantime, MAG may continue to rely on its emission budgets for 

the 1997 ozone NAAQS,19 which the EPA approved on September 17, 

2014 (79 FR 55645). Accordingly, we are not taking further 

action on these budgets at this time.

IV. Final Action.

The EPA is taking direct final action to approve the MAG 

2014 Eight-Hour Ozone Plan with respect to the requirements of 

CAA section 182(a)(1), (2)(A) and (B), and (3)(B) and is 

deferring action with respect to the requirements of CAA 

sections 176(c) and 182(a)(2)(C) and (4). We do not think anyone 

will object to this approval, so we are finalizing it without 

proposing it in advance. However, in the Proposed Rules section 

of this Federal Register, we are simultaneously proposing 

approval of the same submitted rule(s). If we receive adverse 

comments by [Insert date 30 days after date of publication in 

the Federal Register], we will publish a timely withdrawal in 

the Federal Register to notify the public that the direct final 

 

19 See 40 CFR 93. 109(c)(2).
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approval will not take effect and we will address the comments 

in a subsequent final action based on the proposal. If we do not 

receive timely adverse comments, the direct final approval will 

be effective without further notice on [Insert date 60 days 

after date of publication in the Federal Register]. 

V. Statutory and Executive Order Reviews.

Under the CAA, the Administrator is required to approve a 

SIP submission that complies with the provisions of the Act and 

applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 

52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is 

to approve state choices, provided that they meet the criteria 

of the Clean Air Act. Accordingly, this action merely approves 

state law as meeting Federal requirements and does not impose 

additional requirements beyond those imposed by state law. For 

that reason, this action:

• is not a significant regulatory action subject to review by 

the Office of Management and Budget under Executive Orders 

12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 
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• does not impose an information collection burden under the 

provisions of the Paperwork Reduction Act (44 U.S.C. 3501 

et seq.);

• is certified as not having a significant economic impact on 

a substantial number of small entities under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.); 

• does not contain any unfunded mandate or significantly or 

uniquely affect small governments, as described in the 

Unfunded Mandates Reform Act of 1995 (Public Law 104-4);

• does not have Federalism implications as specified in 

Executive Order 13132 (64 FR 43255, August 10, 1999);

• is not an economically significant regulatory action based 

on health or safety risks subject to Executive Order 13045 

(62 FR 19885, April 23, 1997); 

• is not a significant regulatory action subject to Executive 

Order 13211 (66 FR 28355, May 22, 2001); 

• is not subject to requirements of Section 12(d) of the 

National Technology Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note) because application of those 

requirements would be inconsistent with the Clean Air Act; 

and 
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• does not provide the EPA with the discretionary authority 

to address, as appropriate, disproportionate human health 

or environmental effects, using practicable and legally 

permissible methods, under Executive Order 12898 (59 FR 

7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian 

reservation land or in any other area where the 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 as specified by 

Executive Order 13175 (65 FR 67249, November 9, 2000).

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.

The EPA will submit a report containing this action and other 

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

Representatives, and the Comptroller General of the United 
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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. 804(2).

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 after date of publication in the Federal Register].

Filing a petition for reconsideration by the Administrator of 

this final rule does not affect the finality of this action 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. 

Parties with objections to this direct final rule are encouraged 

to file a comment in response to the parallel notice of proposed 

rulemaking for this action published in the Proposed Rules 

section of today’s Federal Register, rather than file an 

immediate petition for judicial review of this direct final 

rule, so that the EPA can withdraw this direct final rule and 

address the comment in the proposed rulemaking. This action may 

not be challenged later in proceedings to enforce its 

requirements (see section 307(b)(2)).
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List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, 

Incorporation by reference, Intergovernmental relations, Ozone, 

Reporting and recordkeeping requirements, Volatile organic 

compounds.

September 25, 2015 /s/

________________ ______________________

Dated: 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 52.120 is amended by adding paragraph (c)(463) to 

read as follows: 

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(463) The following plan was submitted July 2, 2014, by the 

Governor’s designee.

(i) [Reserved]

(ii) Additional materials.

(A) Arizona Department of Environmental Quality (ADEQ).

(1) MAG 2014 Eight-Hour Ozone Plan - Submittal of Marginal Area 

Requirements for the Maricopa Nonattainment Area (June 2014), 

excluding:

(i) Sections titled “A Nonattainment Area Preconstruction Permit 
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Program – CAA section 182(a)(2)(C),” “New Source Review – CAA, 

Title I, Part D,” and “Offset Requirements: 1:1 to 1 (Ratio of 

Total Emission Reductions of Volatile Organic Compounds to Total 

Increased Emissions) – CAA Section 182(a)(4)” on pages 8 and 9

and section titled “Meet Transportation Conformity Requirements 

– CAA Section 176(c)” on pages 10 and 11.

(ii) Appendices A and B.