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Title 40 Part 52 → Subpart D

Title 40 → Chapter I → Subchapter C → Part 52 → Subpart D

Electronic Code of Federal Regulations e-CFR

Title 40 Part 52 → Subpart D

e-CFR data is current as of August 20, 2019

Title 40Chapter ISubchapter CPart 52 → Subpart D


Title 40: Protection of Environment
PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS


Subpart D—Arizona


Contents
§52.119   Identification of plan—conditional approvals.
§52.120   Identification of plan.
§52.121   Classification of regions.
§52.122   Negative declarations.
§52.123   Approval status.
§52.124   Part D disapproval.
§52.125   Control strategy and regulations: Sulfur oxides.
§52.126   Control strategy and regulations: Particulate matter.
§52.128   Rule for unpaved parking lots, unpaved roads and vacant lots.
§52.129   Review of new sources and modifications.
§52.130   Source surveillance.
§52.131   Control Strategy and regulations: Fine Particle Matter.
§52.132   [Reserved]
§52.133   Rules and regulations.
§52.134   Compliance schedules.
§52.135   Resources.
§52.136   Control strategy for ozone: Oxides of nitrogen.
§52.137   [Reserved]
§52.138   Conformity procedures.
§52.139   [Reserved]
§52.140   Monitoring transportation trends.
§52.141   [Reserved]
§52.142   Federal Implementation Plan for Tri-Cities landfill, Salt River Pima-Maricopa Indian Community.
§52.143   [Reserved]
§52.144   Significant deterioration of air quality.
§52.145   Visibility protection.
§52.146   Particulate matter (PM-10) Group II SIP commitments.
§52.147   Interstate transport.
§52.150   Yavapai-Apache Reservation.
§52.151   Operating permits.
§52.152   Original identification of plan.

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§52.119   Identification of plan—conditional approvals.

This section identifies plan revisions that are conditionally approved based upon commitments received from the State.

(a) A plan revision for the Arizona Department of Environmental Quality (ADEQ) submitted April 28, 2017, by the Governor's designee, updating ADEQ's Clean Air Act (CAA) new source review (NSR) program only with respect to the CAA requirements related to ammonia as a precursor to PM2.5 under the nonattainment NSR program requirements in CAA section 189(e). This plan revision is conditionally approved as follows:

(1) The conditional approval is based upon the December 6, 2017 commitment from the State to submit a SIP revision to the EPA by March 31, 2019 consisting of rule revisions and/or demonstrations that will correct the deficiencies identified with this submittal, as specified in ADEQ's December 6, 2017 commitment letter. If the State fails to meet its commitment by March 31, 2019, the conditional approval will be treated as a disapproval only with respect to the CAA requirements related to ammonia as a precursor to PM2.5 under the nonattainment NSR program requirements in CAA section 189(e).

(2) [Reserved]

(b) A plan revision for the Maricopa County Air Quality Department (MCAQD) submitted May 18, 2016, by the Arizona Department of Environmental Quality (ADEQ), the Governor's designee, updating the MCAQD's Clean Air Act (CAA) new source review (NSR) program with respect to deficiencies identified by the EPA in Regulation I, Rule 100 and Regulation II, Rule 200. This plan revision is conditionally approved as follows:

(1) The conditional approval is based on the April 6, 2018 and October 5, 2018 commitments from the ADEQ, and on the April 2, 2018 letter from the MCAQD to the ADEQ requesting submittal of a letter of commitment for conditional approval, to submit a SIP revision consisting of rule revisions and/or demonstrations to the ADEQ within eleven (11) months after the EPA's approval, to allow the ADEQ to make the final submission to the EPA not later than twelve (12) months after the EPA's approval that will correct the deficiencies identified in this final notice. If the State fails to meet its commitment by that date that is twelve (12) months after the EPA's approval, the conditional approval will be treated as a disapproval to deficiencies identified by the EPA in Regulation I, Rule 100; and Regulation II, Rule 200.

(2) [Reserved]

[83 FR 19635, May 4, 2018, as amended at 84 FR 13548, Apr. 5, 2019]

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§52.120   Identification of plan.

Link to an amendment published at 84 FR 39198, Aug. 9, 2019.

(a) Purpose and scope. This section sets forth the applicable State implementation plan for the State of Arizona under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air quality standards.

(b) Incorporation by reference.

(1) Material listed in in paragraphs (c) and (d) of this section with an EPA approval date prior to June 30, 2016, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Entries in paragraphs (c) and (d) of this section with the EPA approval dates after June 30, 2016 have been approved by EPA for inclusion in the State implementation plan and for incorporation by reference into the plan as it is contained in this section, and will be considered by the Director of the Federal Register for approval in the next update to the SIP compilation.

(2) EPA Region IX certifies that the materials provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the state implementation plan as of the dates referenced in paragraph (b)(1).

(3) Copies of the materials incorporated by reference into the state implementation plan may be inspected at the Region IX EPA Office at 75 Hawthorne Street, San Francisco, CA 94105; or the National Archives and Records Administration (NARA). To obtain the material, please call the Regional Office. You may also inspect the material with an EPA approval date prior to June 30, 2016 at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

(c) EPA-approved regulations.

Table 1—EPA-Approved Arizona Statutes

State citationTitle/subjectState effective dateEPA approval dateAdditional explanation
ARIZONA REVISED STATUTES1
Title 9 (Cities and Towns)
Chapter 4 (General Powers)
Article 8 (Miscellaneous)
9-500.03Air quality controlMay 22, 1987August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Approval only included subsection A, paragraphs 1 and 2, subsection B. Submitted on March 23, 1988. Senate Bill 1360, section 2.†
9-500.04, excluding paragraphs A.1, A.2, A.4, and A.10; paragraphs B through G; and paragraph I.Air quality control; definitionsSeptember 19, 2007December 3, 2013, 78 FR 72579Arizona Revised Statutes (Thomson/West, 2008). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
9-500.27, excluding paragraphs D and E. =Off-road vehicle ordinance; applicability; violation; classificationSeptember 19, 2007March 31, 2014, 79 FR 17878Arizona Revised Statutes (Thomson/West, 2008). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
Title 11 (Counties)
Chapter 6 (County Planning and Zoning)
Article 6 (Air Quality)
11-871, excluding paragraphs C through E.Emissions control; no burn; exemptions; penaltySeptember 19, 2007March 31, 2014, 79 FR 17878Arizona Revised Statutes (West, 2012). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
11-877Air quality control measuresSeptember 19, 2007December 3, 2013, 78 FR 72579Arizona Revised Statutes (West, 2012). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
Title 28 (Transportation)
Chapter 3 (Traffic and Vehicle Regulation)
Article 18 (Vehicle Size, Weight and Load)
28-1098, excluding paragraphs B and CVehicle loads; restrictions; civil penaltiesSeptember 19, 2007March 31, 2014, 79 FR 17878Arizona Revised Statutes (West, 2012). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
Title 36 (Public Health and Safety)
Chapter 14 (Air Pollution)
Article 3 (Annual Emissions Inspection of Motor Vehicles)
36-1776Fleet Emissions Inspection Stations; Certificates of Inspection; Dealer's Inventory; Investigations; Revocation of Permit.January 1, 1981June 18, 1982, 47 FR 26382Submitted on August 5, 1981.
36-1777Authority of Director to Acquire Enforcement Equipment; Random Vehicle Tests.January 1, 1981June 18, 1982, 47 FR 26382Submitted on August 5, 1981.
36-1778Improper Representation.January 1, 1981June 18, 1982, 47 FR 26382Submitted on August 5, 1981.
36-1779False CertificatesJanuary 1, 1981June 18, 1982, 47 FR 26382Submitted on August 5, 1981.
Title 41 (State Government)
Chapter 15 (Department of Weights and Measures)
Article 1 (General Provisions)
41-2051 (6), (10), (11), (12), and (13)Definitions—“Certification,” “Department,” “Diesel fuel,” “Director,” and “E85”September 26, 2008June 13, 2012, 77 FR 35279Laws 2008, Ch. 254, §2. Submitted on September 21, 2009.
Article 3 (Method of Sale of Commodities and Services)
41-2083Standards for liquid fuels; exceptionsJuly 18, 1996June 8, 2000, 65 FR 36353; corrected March 18, 2004, 69 FR 12802Senate Bill 1002, section 26. In connection with approval of 1996 Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (as updated August 1997). Previous versions approved in connection with the Maricopa County Ozone Plan.
Article 5 (Regulation)
41-2113(B)(4)Violation; classification; jurisdictionAugust 21, 1998March 4, 2004, 69 FR 10161.Last amended Laws 1998, Ch. 146, §16. Submitted on January 22, 2004.
41-2115Civil PenaltiesJuly 18, 2000March 4, 2004, 69 FR 10161.Last amended Laws 2000, Ch. 193, §463. Submitted on January 22, 2004.
Article 6 (Motor Fuel)
41-2121DefinitionsMay 18, 1999June 8, 2000, 65 FR 36353.Submitted on September 1, 1999. House Bill 2189, section 9. The definition of “gasoline” was superseded at 77 FR 35279 (September 19, 2007)
41-2121(5)Definitions [“Gasoline”]September 19, 2007June 13, 2012, 77 FR 35279Laws 2007, Ch. 292, §11. Submitted on September 21, 2009.
41-2122Standards for oxygenated fuel; volatility exceptionsJuly 18, 1996June 8, 2000, 65 FR 36353; corrected March 18, 2004, 69 FR 12802Senate Bill 1002, section 27. In connection with approval of 1996 Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (as updated August 1997).
41-2123Area A; sale of gasoline; oxygen contentAugust 6, 1999March 4, 2004, 69 FR 10161Last amended Laws 1999, Ch. 295, §11. Submitted on January 22, 2004.
41-2124Area A; fuel formulation; rulesJuly 18, 2000March 4, 2004, 69 FR 10161Last amended Laws 2000, Ch. 405, §21. Submitted on January 22, 2004.
41-2125Area B; sale of gasoline; oxygen contentJuly 18, 1996June 8, 2000, 65 FR 36353; corrected March 18, 2004, 69 FR 12802Senate Bill 1002, section 28. In connection with approval of 1996 Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (as updated August 1997).
Article 7 (Gasoline Vapor Control)
41-2131DefinitionsApril 22, 2014November 16, 2015, 80 FR 70689House Bill 2128, section 5, effective through September 29, 2018. Includes the text that appears in all capital letters and excludes the text that appears in strikethrough. Submitted on September 2, 2014.
41-2131DefinitionsApril 22, 2014November 16, 2015, 80 FR 70689House Bill 2128, section 6, effective from and after September 30, 2018. Includes the text that appears in all capital letters and excludes the text that appears in strikethrough. Submitted on September 2, 2014.
41-2132Stage I vapor recovery systemsApril 22, 2014November 16, 2015, 80 FR 70689House Bill 2128, section 7. Includes the text that appears in all capital letters and excludes the text that appears in strikethrough. Submitted on September 2, 2014.
41-2133Compliance schedulesApril 22, 2014November 16, 2015, 80 FR 70689House Bill 2128, section 8. Includes the text that appears in all capital letters and excludes the text that appears in strikethrough. Submitted on September 2, 2014.
41-2135Stage II vapor recovery systemsApril 22, 2014November 16, 2015, 80 FR 70689House Bill 2128, section 10. Includes the text that appears in all capital letters and excludes the text that appears in strikethrough. Submitted on September 2, 2014. ARS 41-2135 is repealed from and after September 30, 2018 pursuant to section 11 of House Bill 2128.
Title 49 (The Environment)
Chapter 1 (General Provisions)
49-107Local delegation of state authorityJuly 1, 1987November 2, 2015, 80 FR 67319Submitted on October 29, and supplemented on September 6, 2013 and July 2, 2014.
Chapter 3 (Air Quality)
Article 1 (General Provisions)
49-401.01DefinitionsMay 18, 1999June 8, 2000, 65 FR 36353Submitted on September 1, 1999. House Bill 2189, section 40.
Article 2 (State Air Pollution Control)
49-454Adjusted work hoursMay 18, 1999June 8, 2000, 65 FR 36353Submitted on September 1, 1999. House Bill 2189, section 43.
49-457Agricultural best management practices committee; members; powers; permits; enforcement; preemption; definitionsMay 29, 1998June 29, 1999, 64 FR 34726Submitted on September 4, 1998.
49-457.01Leaf blower use restrictions and training; leaf blowers equipment sellers; informational material; outreach; applicabilitySeptember 19, 2007December 3, 2013, 78 FR 72579Arizona Revised Statutes (Thomson/West, 2005 mail volume, 2012 cumulative pocket part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
49-457.03, excluding paragraphs C and DOff-road vehicles; pollution advisory days; applicability; penaltiesSeptember 19, 2007March 31, 2014, 79 FR 17878Arizona Revised Statutes (West, 2012 Cumulative Pocket Part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
49-457.04Off-highway vehicle and all-terrain vehicle dealers; informational material; outreach; applicabilitySeptember 19, 2007March 31, 2014, 79 FR 17878Arizona Revised Statutes (West, 2012 Cumulative Pocket Part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
49-457.05, excluding paragraph C and paragraphs E, F, G, and HDust action general permit; best management practices; applicability; definitionsJuly 20, 2011March 31, 2014, 79 FR 17879Arizona Revised Statutes (West, 2012 Cumulative Pocket Part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
Article 3 (County Air Pollution Control)
49-474.01Additional board duties in nonattainment areasMay 22, 1987August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 23, 1988. Senate Bill 1360, section 18.†
49-474.01, excluding paragraphs A.1 through A.3, A.9, A.10; paragraphs C through G, and paragraph IAdditional board duties in vehicle emissions control areas; definitionsSeptember 19, 2007December 3, 2013, 78 FR 72579Arizona Revised Statutes (Thomson/West, 2005 mail volume, 2012 cumulative pocket part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
49-474.05Dust control; training; site coordinatorsSeptember 19, 2007December 3, 2013, 78 FR 72579Arizona Revised Statutes (Thomson/West, 2005 mail volume, 2012 cumulative pocket part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
49-474.06Dust control; subcontractor registration; feeSeptember 19, 2007December 3, 2013, 78 FR 72579Arizona Revised Statutes (Thomson/West, 2005 mail volume, 2012 cumulative pocket part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
49-501, excluding paragraph A.1, paragraphs B.2 through B.6, and paragraphs D, E, G, and HUnlawful open burning; exceptions; civil penalty; definitionSeptember 19, 2007March 31, 2014, 79 FR 17878Arizona Revised Statutes (West, 2012 Cumulative Pocket Part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
49-506Voluntary No-drive DaysJune 28, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 17.†
Article 5 (Annual Emissions Inspection of Motor Vehicles)
49-541DefinitionsMay 18, 1999June 8, 2000, 65 FR 36353 and also January 22, 2003, 68 FR 2912Submitted on September 1, 1999. House Bill 2189, 44th Legislature, 1st Regular Session (1999), section 44. Approved in rulemakings related to the Tucson carbon monoxide plan and Arizona VEI Program.
49-541, subsection (1)Definitions [“Area A”]August 9, 2001May 22, 2013, 78 FR 30209Submitted on May 25, 2012. Arizona Revised Statutes (West Group, 2001 Cumulative Pocket Part). Supported by an affidavit signed by Barbara Howe, Law Reference Librarian, Arizona State Library, Archives and Public Records on May 3, 2012, certifying authenticity of reproduction of A.R.S. §49-451 (sic)(corrected to §49-541 (2001 pocket part).
49-541.01, paragraphs D and EVehicle emissions inspection program; constant four wheel drive vehicles; requirements; location; violation; classification; penalties; new program terminationMay 18, 1999March 9, 2005, 70 FR 11553Submitted on April 18, 2001 as part of the Revised MAG 1999 Serious Area Carbon Monoxide Plan for the Maricopa County Nonattainment Area, dated March 2001. Submitted as section 2 of H.B. 2254 (1999).
49-542Emissions inspection program; powers and duties of director; administration; periodic inspection; minimum standards and rules; exceptions; definitionJune 21, 2013May 22, 2013, 78 FR 30209Submitted on November 6, 2009. Arizona Revised Statutes (Thomson West, 2008 Cumulative Pocket Part). Supported by an affidavit signed by Efrem K. Sepulveda, Law Librarian, Arizona State Library, Archives and Public Records on January 11, 2013, certifying authenticity of reproduction of A.R.S. §49-542 (2008 edition) plus title page to pocket part of Title 49 (2008 edition).
49-542.05Alternative fuel vehiclesDecember 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001. Senate Bill 1004, 44th Legislature, 7th Special Session (2000), section 23. Related to VEI Program.
49-543Emissions inspection costs; disposition; fleet inspection; certificatesMay 7, 2001January 22, 2003, 68 FR 2912Submitted on April 10, 2002. House Bill 2538, 45th Legislature, 1st Regular Session (2001), section 11. Related to VEI Program.
49-544Emissions inspection fund; composition; authorized expenditures; exemptions; investmentMay 20, 1998January 22, 2003, 68 FR 2912Submitted on July 6, 2001. Senate Bill 1007, 43rd Legislature, 4th Special Session (1998), section 15. Related to VEI Program.
49-545Agreement with independent contractor; qualifications of contractor; agreement provisionsApril 28, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001. House Bill 2104, 44th Legislature, 2nd Regular session (2000), section 5. Related to VEI Program.
49-550Violation; Classification; Civil PenaltyJune 28, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 19.†
49-551Air quality fee; air quality fund; purposeMay 29, 1998January 22, 2003, 68 FR 2912Submitted on July 6, 2001. Senate Bill 1427, 43rd Legislature, 2nd Regular Session (1998), section 27. Related to VEI Program.
49-552Enforcement on city, town, county, school district or special district propertyJune 1, 1998March 9, 2005, 70 FR 11553Submitted on April 18, 2001 as part of the Revised MAG 1999 Serious Area Carbon Monoxide Plan for the Maricopa County Nonattainment Area, dated March 2001. Submitted as amended in section 28 of S.B. 1427 (1998).
49-553Reports to the Legislature by Department of Environmental QualityJune 28, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 21.†
49-557Government vehicles; emissions inspections; noncompliance; vehicle operation privilege suspensionJanuary 1, 2002June 8, 2000, 65 FR 36353Submitted on September 1, 1999. House Bill 2254, section 5. Effective date set in section 8 of House Bill 2254.
Article 7 (Emissions Control)
49-571Clean burning alternative fuel requirements for new buses; definitionMay 18, 1999June 8, 2000, 65 FR 36353Submitted on September 1, 1999. House Bill 2189, section 46.
49-573Emissions controls; federal vehicles; definitionJanuary 1, 2002June 8, 2000, 65 FR 36353Submitted on September 1, 1999. House Bill 2254, section 6. Effective date set in section 8 of House Bill 2254.
Article 8 (Travel Reduction Programs)
49-581DefinitionsDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. House Bill section 25 lowered the threshold defining “major employer” from 500 or more employers between December 31, 1988-September 30, 1989, to 200 or more from September 30, 1989-December 31, 1989, to 100 or more thereafter. Delayed effective date per section 29 of HB 2206.†
49-582Travel Reduction Program Regional Task Force; CompositionDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. Delayed effective date per section 29 of HB 2206.†
49-583Duties and Powers of the Task ForceDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. Delayed effective date per section 29 of HB 2206.†
49-584Staff DutiesDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. Delayed effective date per section 29 of HB 2206.†
49-585Powers and Duties of the BoardDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. Delayed effective date per section 29 of HB 2206.†
49-586Enforcement by Cities or TownsDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. Delayed effective date per section 29 of HB 2206.†
49-588Requirements for Major EmployersDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. Delayed effective date per section 29 of HB 2206.†
49-590Requirements for High SchoolsDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23.†
49-593Violations; Civil PenaltiesDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. Delayed effective date per section 29 of HB 2206.†

1The statutory provisions listed in table 1 of paragraph (c) are considered regulatory. Other statutory provisions are considered nonregulatory and are listed in table 3 of paragraph (e).

†Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir. 1990). Restored on January 29, 1991, 56 FR 3219.

Table 2—EPA-Approved Arizona Regulations

State citationTitle/subjectState effective dateEPA approval dateAdditional explanation
ARIZONA ADMINISTRATIVE CODE
Title 9 (Health Services)
Chapter 3
Article 1
R9-3-101Definitions [“Begin actual construction”]May 28, 1982May 3, 1983, 48 FR 19878Included 36 defined terms. All but one (“Begin actual construction”) have been superseded by subsequent approvals of R18-2-101, R18-2-217, R18-2-218, R18-2-301, R18-2-401, and R18-2-701. Submitted on June 3, 1982.
7-1-1.1 (R9-3-101)Policy and Legal AuthorityAugust 20, 1973July 31, 1978, 43 FR 33245Submitted on August 20, 1973.
7-1-1.3 (R9-3-103, excluding paragraph E)Air Pollution ProhibitedAugust 20, 1973July 31, 1978, 43 FR 33245Submitted on August 20, 1973. EPA disapproved Paragraph E—see 40 CFR 52.133(b).
7-1-1.5 (R9-3-105)EnforcementAugust 20, 1973July 31, 1978, 43 FR 33245Submitted on August 20, 1973.
Article 2
R9-3-217, paragraph AAttainment Areas; Classification and StandardsMay 14, 1979April 23, 1982, 47 FR 17483Submitted on January 4, 1979. Paragraph B was deleted at 80 FR 67319 (November 2, 2015).
Article 4
7-1-4.5 (R9-3-405)Sulfur Emissions: Other IndustriesAugust 20, 1973July 31, 1978, 43 FR 33245Submitted on August 20, 1973.
R9-3-409Agricultural PracticesMay 14, 1979April 23, 1982, 47 FR 17483Submitted on January 4, 1979.
Article 5
R9-3-505, paragraphs B to B.1, B.2, B.3 and B.4Standards of Performance for Existing Portland Cement PlantsMay 28, 1982September 28, 1982, 47 FR 42572Submitted on June 3, 1982.
R9-3-505, paragraphs B.1.a and B.2.aStandards of Performance for Existing Portland Cement PlantsJuly 25, 1979April 23, 1982, 47 FR 17483Submitted on July 17, 1980.
R9-3-505, paragraphs A, B.1.b, B.2.b, and B.3 to DStandards of Performance for Existing Portland Cement PlantsMay 14, 1979April 23, 1982, 47 FR 17483Submitted on January 4, 1979.
R9-3-508, paragraphs B to B.1, B.2, and B.5Standards of Performance for Existing Asphalt Concrete PlantsMay 28, 1982September 28, 1982, 47 FR 42572Submitted on June 3, 1982.
R9-3-508, paragraphs B.1 to B.6Standards of Performance for Existing Asphalt Concrete PlantsJuly 25, 1979April 23, 1982, 47 FR 17483Submitted on April 1, 1980.
R9-3-508, paragraphs A and CStandards of Performance for Existing Asphalt Concrete PlantsMay 14, 1979April 23, 1982, 47 FR 17483Submitted on January 4, 1979.
R9-3-516, paragraphs A to A.1 and A.2Standards of Performance for Existing Coal Preparation PlantsMay 28, 1982September 28, 1982, 47 FR 42572Submitted on June 3, 1982.
R9-3-516, paragraphs A.1 to A.6Standards of Performance for Existing Coal Preparation PlantsJuly 25, 1979April 23, 1982, 47 FR 17483Submitted on April 1, 1980.
R9-3-516, paragraph BStandards of Performance for Existing Coal Preparation PlantsMay 14, 1979April 23, 1982, 47 FR 17483Submitted on January 4, 1979.
R9-3-521, paragraphs A to A.1 and A.2Standards of Performance for Existing Nonferrous Metals Industry SourcesMay 28, 1982September 28, 1982, 47 FR 42572Submitted on June 3, 1982.
R9-3-521, paragraphs A.1 to A.5Standards of Performance for Existing Nonferrous Metals Industry SourcesJuly 25, 1979April 23, 1982, 47 FR 17483Submitted on April 1, 1980.
R9-3-521, paragraphs B to DStandards of Performance for Existing Nonferrous Metals Industry SourcesMay 14, 1979April 23, 1982, 47 FR 17483Submitted on January 4, 1979.
R9-3-522, paragraphs A to A.1 and A.2Standards of Performance for Existing Gravel or Crushed Stone Processing PlantsMay 28, 1982September 28, 1982, 47 FR 42572Submitted on June 3, 1982.
R9-3-522, paragraphs A.1 to A.5, B, and CStandards of Performance for Existing Gravel or Crushed Stone Processing PlantsMay 14, 1979April 23, 1982, 47 FR 17483Submitted on January 4, 1979.
Title 18 (Environmental Quality)
Chapter 2 (Department of Environmental Quality Air Pollution Control)
Article 1 (General)
R18-2-101 (except 20)DefinitionsMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-102Incorporated materialsAugust 7, 2012September 23, 2014, 79 FR 56655Submitted on October 29, 2012, and supplemented on September 6, 2013. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
Article 2 (Ambient Air Quality Standards; Area Designations; Classifications)
R18-2-201Particulate Matter: PM10 and PM2.5March 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-202Sulfur Oxides (Sulfur Dioxide)August 7, 2012September 23, 2014, 79 FR 56655Submitted on October 29, 2012, and supplemented on September 6, 2013. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-203OzoneMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-204Carbon monoxideSeptember 26, 1990September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-205Nitrogen Oxides (Nitrogen Dioxide)August 7, 2012September 23, 2014, 79 FR 56655Submitted on October 29, 2012, and supplemented on September 6, 2013. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-206LeadAugust 7, 2012September 23, 2014, 79 FR 56655Submitted on October 29, 2012, and supplemented on September 6, 2013. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-210Attainment, Nonattainment, and Unclassifiable Area DesignationsJuly 2, 2015May 1, 2017, 82 FR 20267Submitted on December 21, 2015.
R18-2-215Ambient air quality monitoring methods and proceduresSeptember 26, 1990September 23, 2014, 79 FR 56655Submitted on October 29, 2012, and supplemented on September 6, 2013. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-216Interpretation of Ambient Air Quality Standards and Evaluation of Air Quality DataMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on October 29, 2012, and supplemented on September 6, 2013. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-217Designation and Classification of Attainment AreasMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-218Limitation of Pollutants in Classified Attainment AreasMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-220Air pollution emergency episodes, Department of Environmental Quality-Air Pollution ControlSeptember 26, 1990October 15, 2012, 77 FR 62452Submitted on August 15, 1994.
Article 3 (Permits and Permit Revisions)
R18-2-301DefinitionsAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-302Applicability; Registration; Classes of PermitsAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-302.01Source Registration RequirementsAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-303Transition from Installation and Operating Permit Program to Unitary Permit Program; Registration Transition; Minor NSR TransitionAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-304Permit Application Processing ProceduresAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-306Permit ContentsDecember 20, 1999November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-306.01Permits Containing Voluntarily Accepted Emission Limitations and StandardsJanuary 1, 2007November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-306.02Establishment of an Emissions CapSeptember 22, 1999November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-310Affirmative Defenses for Excess Emissions Due to Malfunctions, Startup, and ShutdownFebruary 15, 2001September 18, 2001, 66 FR 48087Submitted on March 26, 2001.
R18-2-310.01Reporting RequirementsFebruary 15, 2001September 18, 2001, 66 FR 48087Submitted on March 26, 2001.
R18-2-311Test Methods and ProceduresNovember 15, 1993November 2, 2015, 80 FR 67319Submitted on July 28, 2011.
R18-2-312Performance TestsNovember 15, 1993November 2, 2015, 80 FR 67319Submitted on July 28, 2011.
R18-2-313Existing Source Emission MonitoringFebruary 15, 2001November 5, 2012, 77 FR 66405Submitted on August 24, 2012.
R18-2-315Posting of PermitNovember 15, 1993November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-316Notice by Building Permit AgenciesMay 14, 1979November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-319Minor Permit RevisionsAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-320Significant Permit RevisionsAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-321Permit Reopenings; Revocation and Reissuance; TerminationAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-323Permit TransfersFebruary 3, 2007November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-327Annual Emissions inventory QuestionnaireDecember 7, 1995November 5, 2012, 77 FR 66405Submitted on August 24, 2012.
R18-2-330Public ParticipationMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-332Stack Height LimitationMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-334Minor New Source ReviewAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
Article 4 (Permit Requirements for New Major Sources and Major Modifications to Existing Major Sources)
R18-2-401DefinitionsMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-402GeneralMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-403Permits for Sources Located in Nonattainment AreasR18-2-40383 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-404Offset StandardsMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-405Special Rule for Major Sources of VOC or Nitrogen Oxides in Ozone Nonattainment Areas Classified as Serious or SevereMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-406Permit Requirements for Sources Located in Attainment and Unclassifiable AreasMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-407Air Quality Impact Analysis and Monitoring RequirementsMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-408Innovative Control TechnologyMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-409Air Quality ModelsNovember 15, 1993November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-410Visibility and Air Quality Related Value ProtectionMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-411Permit Requirements for Sources that Locate in Attainment or Unclassifiable Areas and Cause or Contribute to a Violation of Any National Ambient Air Quality StandardMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-412PALsMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
Article 6 (Emissions from Existing and New Nonpoint Sources)
R18-2-601GeneralNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-602Unlawful Open BurningMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-604Open Areas, Dry Washes or RiverbedsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-605Roadways and StreetsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-606Material HandlingNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-607Storage PilesNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-608Mineral TailingsMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-610[Definitions for R18-2-611]May 12, 2000October 11, 2001, 66 FR 51869Submitted on July 11, 2000.
R18-2-610Definitions for R18-2-610.01, R18-2-610.02, and R18-2-610.03July 2, 2015May 1, 2017, 82 FR 20267Submitted on December 21, 2015.
R18-2-610.03Agricultural PM General Permit for Crop Operations; Pinal County PM Nonattainment AreaJuly 2, 2015May 1, 2017, 82 FR 20267Submitted on December 21, 2015.
R18-2-611Agricultural PM10 General Permit; Maricopa PM10 Nonattainment AreaMay 12, 2000October 11, 2001, 66 FR 51869Submitted on July 11, 2000.
R18-2-612Definitions for R18-2-612.01July 2, 2015May 1, 2017, 82 FR 20267Submitted on December 21, 2015.
R18-2-612.01Agricultural PM General Permit for Irrigation Districts; PM Nonattainment Areas Designated After June 1, 2009July 2, 2015May 1, 2017, 82 FR 20267Submitted on December 21, 2015.
R18-2-614Evaluation of nonpoint source emissionsAugust 7, 2012September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
Article 7 (Existing Stationary Source Performance Standards)
R18-2-701DefinitionsAugust 7, 2012September 23, 2014, 79 FR 56655Submitted on October 29, 2012, and supplemented on September 6, 2013. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-702General ProvisionsFebruary 3, 2004August 24, 2004, 69 FR 51952Establishes opacity standards. Submitted on January 16, 2004.
R18-2-703Standards of Performance for Existing Fossil-Fuel Fired Steam Generators and General Fuel Burning EquipmentMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-704Standards of Performance for IncinerationAugust 4, 2007September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-706Standards of Performance for Existing Nitric Acid PlantsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-707Standards of Performance for Existing Sulfuric Acid PlantsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-710Standards of Performance for Existing Vessels for Petroleum LiquidsNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
R18-2-714Standards of Performance for Existing Sewage Treatment PlantsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-715, sections F, G, and HStandards of Performance for Existing Primary Copper Smelters: Site-Specific RequirementsMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-715.01Standards of Performance for Existing Primary Copper Smelters, Compliance and MonitoringJuly 18, 2002November 1, 2004, 69 FR 63321Submitted on September 12, 2003.
R18-2-715.02Standards of Performance for Existing Primary Copper Smelters; Fugitive Emissions5/7/201711/14/2018, 83 FR 56736Submitted by the Governor's designee on April 6, 2017.
R18-2-719Standards of Performance for Existing Stationary Rotating MachineryMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-720Standards of Performance for Existing Lime Manufacturing PlantsMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-723Standards of Performance for Existing Concrete Batch PlantsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-724Standards of Performance for Existing Fossil-Fuel Fired Industrial and Commercial EquipmentMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-725Standards of Performance for Existing Dry Cleaning PlantsNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
R18-2-726Sandblasting OperationsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-727Standards of Performance for Spray Painting OperationsNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
R18-2-728Standards of Performance for Existing Ammonium Sulfide Manufacturing PlantsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-729Standards of Performance for Cotton GinsAugust 4, 2007September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-730Standards of Performance for Unclassified SourcesMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-732Standards of Performance for Existing Hospital/Medical/Infectious Waste IncineratorsAugust 4, 2007September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-2, June 30, 2009.
Article 8 (Emissions from Mobile Sources (New and Existing))
R18-2-801Classification of Mobile SourcesNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
R18-2-802Off-Road MachineryNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
R18-2-803Heater-Planer UnitsNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
R18-2-804Roadway and Site Cleaning MachineryNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
R18-2-805Asphalt and Tar KettlesNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
Article 10 (Motor Vehicles; Inspections and Maintenance)
R18-2-1001DefinitionsDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1003Vehicles to be Inspected by the Mandatory Vehicle Emissions Inspection ProgramJune 28, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1005Time of InspectionDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1006Emissions Test ProceduresJanuary 1, 2002January 22, 2003, 68 FR 2912Submitted on April 10, 2002.
R18-2-1007Evidence of Meeting State Inspection RequirementsDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1008Procedure for Issuing Certificates of WaiverDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1009Tampering Repair RequirementsDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1010Low Emissions Tune-up, Emissions and Evaporative System RepairDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1011Vehicle Inspection ReportDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1012Inspection Procedures and FeeDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1013ReinspectionsDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1016Licensing of InspectorsJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1017Inspection of Government VehiclesJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1018Certificate of InspectionJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1019Fleet Station Procedures and PermitsJanuary 1, 2002January 22, 2003, 68 FR 2912Submitted on April 10, 2002.
R18-2-1022Procedure for Waiving Inspections Due to Technical DifficultiesJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1023Certificate of Exemption for Out-of-State VehiclesJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1025Inspection of Contractor's Equipment and PersonnelJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1026Inspection of Fleet StationsJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1027Registration and Inspection of Emission Analyzers and Opacity MetersJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1028Certification of Users of Registered Analyzers and Analyzer Repair PersonsJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1029Vehicle Emission Control DevicesJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1030Visible Emissions; Mobile SourcesJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1031Standards for Evaluating the Oxidation Efficiency of a Catalytic ConverterDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
Table 1Dynamometer Loading Table—Annual TestsNovember 14, 1994January 22, 2003, 68 FR 2912Table 1 is cited in R18-2-1006. Submitted on July 6, 2001.
Table 2Emissions Standards—Annual Tests, Maximum AllowableJune 21, 1995January 22, 2003, 68 FR 2912Table 2 is cited in R18-2-1006 and R18-2-1019. Submitted on July 6, 2001.
Table 3Emissions Standards—Biennial TestsDecember 20, 1999January 22, 2003, 68 FR 2912Table 3 is cited in R18-2-1006. Submitted on July 6, 2001.
Table 4Transient Driving CycleDecember 20, 1999January 22, 2003, 68 FR 2912Table 4 is cited in R18-2-1006 and R18-2-1016. Submitted on July 6, 2001.
Table 5TolerancesNovember 14, 1994January 22, 2003, 68 FR 2912Table 5 is cited in R18-2-1006. Submitted on July 6, 2001.
Table 6Emissions Standards—Remote Sensing IdentificationDecember 20, 1999January 22, 2003, 68 FR 2912Table 6 is cited in the VEI regulations. Submitted on July 6, 2001.
Article 13 (State Implementation Plan Rules For Specific Locations)
R18-2-B1301Limits on Lead Emissions from the Hayden Smelter7/1/201811/14/2018, 83 FR 56736Submitted by the Governor's designee on April 6, 2017.
R18-2-B1301.01Limits on Lead-Bearing Fugitive Dust from the Hayden SmelterDecember 1, 2018February 22, 2018, 83 FR 7614Submitted on April 6, 2017.
R18-2-C1302, excluding subsection (E)(6)Limits on SO2 Emissions from the Miami Smelter12/14/201811/14/2018, 83 FR 56736Submitted by the Governor's designee on April 6, 2017. Subsection (E)(6) was withdrawn by the Arizona Department of Environmental Quality.
Appendix 14Procedures for Sulfur Dioxide and Lead Fugitive Emissions Studies for the Hayden Smelter5/7/201711/14/2018, 83 FR 56736Submitted by the Governor's designee on April 6, 2017.
Appendix 15Test Methods for Determining Opacity and Stabilization of Unpaved RoadsMay 7, 2017February 22, 2018, 83 FR 7614Submitted on April 6, 2017.
Article 14 (Conformity Determinations)
R18-2-1438General Conformity for Federal ActionsJanuary 31, 1995April 23, 1999, 64 FR 19916Submitted on March 3, 1995.
Article 15 (Forest and Range Management Burns)
R18-2-1501DefinitionsMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1502ApplicabilityMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1503Annual RegistrationMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1504Prescribed Burn PlanMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1505Prescribed Burn Requests and AuthorizationMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1506Smoke Dispersion and EvaluationMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1507Prescribed Burn Accomplishment; Wildlife ReportingMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1508Wildland Fire Use: Plan, Authorization, Monitoring; Inter-Agency Consultation; Status ReportingMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1509Emission Reduction TechniquesMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1510Smoke Management TechniquesMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1511MonitoringMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1512Burner QualificationsMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1513Public Notification Program; Regional CoordinationMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
Appendices to Title 18 (Environmental Quality), Chapter 2 (Department of Environmental Quality Air Pollution Control)
Appendix 1Filing Instructions for Installation Permit ApplicationJuly 25, 1979April 23, 1982, 47 FR 17483Submitted on April 1, 1980. Appendix 1 in its entirety was approved at 47 FR 17483 (April 23, 1982). Certain subsections of appendix 1 were superseded by approval of revisions at 48 FR 19878 (May 3, 1983) and at 49 FR 41026 (October 19, 1984. The latter rule was corrected 69 FR 2509 (January 16, 2004).
Appendix 1, subsections A1.4, A1.4.1, A1.4.3 (added), A1.4.3 (renumbered only), A1.5, A1.6.1 (deleted), A1.6.2 and A1.6.3 (renumbered only), A1.6.4 and A1.6.5 (deleted), A1.6.6 (renumbered only), A1.6.6.1, A1.6.6.2 and A1.6.6.3 (renumbered only), A1.6.6.4 (deleted), A1.6.6.5 (renumbered only) A1.6.6.6, A1.6.6.7 (Renumbered), A1.6.7.1, A1.6.7.2, A1.6.7.3 and Form ADHS/EHS Air Quality 100A (rev 12-80)Filing Instructions for Installation Permit ApplicationMay 28, 1982May 3, 1983, 48 FR 19878Relates to State PSD regulations. Submitted on June 3, 1982.
Appendix 1, subsections A1.5.6, and A1.9 (added)Filing Instructions for Installation Permit ApplicationSeptember 22, 1983October 19, 1984, 49 FR 41026; corrected on January 16, 2004, 69 FR 2509Submitted on February 3, 1984.
Appendix 2Test Methods and ProtocolsJuly 2, 2015May 1, 2017, 82 FR 20267Submitted on December 21, 2015.
Appendix 2Filing Instructions for Operating Permit ApplicationJuly 25, 1979April 23, 1982, 47 FR 17483Submitted on April 1, 1980. Appendix 2 in its entirety was approved at 47 FR 17483 (April 23, 1982). Certain subsections of appendix 2 were superseded by approval of revisions at 48 FR 19878 (May 3, 1983).
Appendix 2, subsections A2.2.5, A2.3, A2.3.8Filing Instructions for Operating Permit ApplicationMay 28, 1982May 3, 1983, 48 FR 19878Relates to State PSD regulations. Submitted on June 3, 1982.
Appendix 8Procedures for Utilizing the Sulfur Balance Method for Determining Sulfur EmissionsJuly 18, 2005April 12, 2006, 71 FR 18624Cited in Arizona Administrative Code rule R18-2-715.01. Submitted on March 1, 2006.
Materials Incorporated By Reference in Title 18 (Environmental Quality)
Chapter 2 (Department of Environmental Quality Air Pollution Control)
[Incorporated by reference through R18-2-102]Arizona Testing Manual for Air Pollutant Emissions, Revision F, excluding sections 2 through 7March 1992September 23, 2014, 79 FR 56655Approval includes section 1 only. Submitted on July 28, 2011, and supplemented on May 16, 2014. Relates to various provisions in Arizona Administrative Code, title 18, chapter 2, articles 4, 6, and 7.
[Incorporated by reference through R18-2-220]Procedures for Prevention of Emergency Episodes1988 EditionOctober 15, 2012, 77 FR 62452Submitted on August 15, 1994.
Title 20 (Commerce, Financial Institutions, and Insurance)
Chapter 2 (Department of Weights and Measures)
Article 1 (Administration and Procedures)
R20-2-101DefinitionsJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
Article 7 (Motor Fuels and Petroleum Products)
R20-2-701DefinitionsFebruary 9, 2001March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-716Sampling and Access to RecordsOctober 18, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-750Registration Relating to Arizona CBG or AZR-BOBSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-751Arizona CBG RequirementsFebruary 9, 2001March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-752General Requirements for Registered SuppliersSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-753General Requirements for Pipelines and 3rd-party TerminalsSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-754Downstream Blending Exceptions for TransmixSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-755Additional Requirements for AZRBOB and Downstream Oxygenate BlendingSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-756Downstream Blending of Arizona CBG with Nonoxygenate BlendstocksSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-757Product Transfer Documentation; Records; RetentionSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-758Adoption of Fuel Certification ModelsSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-759Testing MethodologiesFebruary 9, 2001March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-760Compliance SurveysFebruary 9, 2001March 4, 2004, 69 FR 10161.Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-761Liability for Noncompliant Arizona CBG or AZRBOBSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-762PenaltiesSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
Table 1Type 1 Gasoline StandardsFebruary 9, 2001March 4, 2004, 69 FR 10161Table 1 is cited in R20-2-751 (“Arizona CBG Requirements”). Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
Table 2Type 2 Gasoline StandardsFebruary 9, 2001March 4, 2004, 69 FR 10161Table 2 is cited in R20-2-751 (“Arizona CBG Requirements”). Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
Article 9 (Gasoline Vapor Control)
R20-2-901Material Incorporated by ReferenceJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-902ExemptionsJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-903Equipment and InstallationJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-904Application Requirements and Process for Authority to Construct Plan ApprovalJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-905Initial Inspection and TestingJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-907OperationOctober 8, 1998June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-908Training and Public EducationOctober 8, 1998June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-909Recordkeeping and ReportingOctober 8, 1998June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-910Annual Inspection and TestingJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-911Compliance InspectionsJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-912EnforcementJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.

Table 3—EPA-Approved Arizona General Permits

TitleState effective dateEPA approval dateAdditional explanation
Dust Action General Permit, including the general permit itself, and attachments A, B, and CDecember 30, 2011March 31, 2014, 79 FR 17881Issued by Arizona Department of Environmental Quality pursuant to ARS 49-457.05. Applies to certain types of dust sources in a county with a population of two million or more persons or any portion of a county within an area designated by EPA as a serious PM-10 nonattainment area or a maintenance area that was designated as a serious PM-10 nonattainment area. Submitted on May 25, 2012.

Table 4—EPA-Approved Maricopa County Air Pollution Control Regulations

County citationTitle/subjectState effective dateEPA approval dateAdditional explanation
Pre-July 1988 Rule Codification
Regulation I—General Provisions
Rule 2, No. 11 “Alteration or Modification”DefinitionsJune 23, 1980June 18, 1982, 47 FR 26382Submitted on March 8, 1982.
Revised on April 5, 2019, to remove the definition for No. 33 “Existing Source” which was superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 27 “Dust”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 29 “Emission”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 34 “Existing Source Performance Standards”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 37 “Fly Ash”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 39 “Fuel”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 42 “Fume”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 55 “Motor Vehicle”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 59 “Non-Point Source”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 60 “Odors”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 64 “Organic Solvent”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 70 “Plume”,DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 80 “Smoke”,DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 91 “Vapor”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Regulation II—Permits
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 52 “Dust”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 56 “Emission”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 63 “Existing Source Performance Standards”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 70 “Fuel”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 71 “Fuel Burning Equipment”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 74 “Fume”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 103 “Motor Vehicle”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 114 “Non-Point Source”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 122 “Photochemically Reactive Solvent”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 123 “Plume”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 128 “Process”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 129 “Process Source”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 150 “Smoke”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 152 “Soot”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 160 “Supplementary Control System (SCS)”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 166 “Vapor”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 167 “Vapor Pressure”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 168 “Visible Emissions”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 22 (paragraphs A, C, D, F, G, and H)Permit Denial-Action-Transfer-Expiration-Posting-Revocation-ComplianceAugust 12, 1971July 27, 1972, 37 FR 15080Paragraphs B and E have been superseded.
Rule 27Performance testsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Rule 28Permit FeesMarch 8, 1982June 18, 1982, 47 FR 26382Submitted on March 8, 1982.
Regulation III—Control of Air Contaminants
Rule 32, Paragraph GOther IndustriesOctober 1, 1975April 12, 1982, 47 FR 15579Paragraph G of Rule 32 (“Odors and Gaseous Emissions”) is titled “Other Industries.” Submitted on June 23, 1980.
Rule 32, Paragraph HFuel Burning Equipment for Producing Electric Power (Sulfur Dioxide)October 1, 1975April 12, 1982, 47 FR 15579Paragraph H of Rule 32 (“Odors and Gaseous Emissions”) is titled “Fuel Burning Equipment for Producing Electric Power (Sulfur Dioxide).” Submitted on June 23, 1980.
Rule 32, Paragraph JOperating Requirements for an Asphalt KettleJune 23, 1980April 12, 1982, 47 FR 15579Paragraph J of Rule 32 (“Odors and Gaseous Emissions”) is titled “Operating Requirements for an Asphalt Kettle.” Submitted on June 23, 1980.
Rule 32, Paragraph KEmissions of Carbon MonoxideJune 23, 1980April 12, 1982, 47 FR 15579Paragraph K of Rule 32 (“Odors and Gaseous Emissions”) is titled “Emissions of Carbon Monoxide.” Submitted on June 23, 1980.
Rule 32 (Paragraphs A through F only)Odors and Gaseous EmissionsAugust 12, 1971July 27, 1972, 37 FR 15080Paragraph G was superseded by approval of paragraph J of amended Rule 32. Submitted on May 26, 1972.
Rule 35IncineratorsAugust 12, 1971July 27, 1972, 37 FR 15080Superseded by approval of Maricopa Rule 313 published on September 25, 2014, except for Hospital/Medical/Infectious Waste Incinerators. Submitted on May 26, 1972.
Regulation IV—Production of Records; Monitoring; Testing and Sampling Facilities
Rule 41, paragraph AMonitoringAugust 12, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Rule 41, paragraph BMonitoringOctober 2, 1978April 12, 1982, 47 FR 15579Submitted on January 18, 1979.
Rule 42Testing and SamplingAugust 12, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Regulation VII—Emergency Procedures
Rule 74, paragraph CPublic NotificationJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980. Paragraphs A, B, and D superseded by approval of Rule 510 published on November 9, 2009.
Regulation VIII—Validity and Operation
Rule 81OperationAugust 12, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Post-July 1988 Rule Codification
Regulation I—General Provisions
Rule 100 (except Sections 200.24, 200.73, 200.104(c))General Provisions and DefinitionsFebruary 3, 2016April 5, 2019, (84 FR 13543)Submitted on May 18, 2016.
Rule 140Excess EmissionsRevised September 5, 2001August 27, 2002, 67 FR 54957Submitted on February 22, 2002.
Regulation II—Permits and Fees
Rule 200Permit RequirementsFebruary 3, 2016April 5, 2019, (84 FR 13543)Submitted on May 18, 2016.
Rule 210Title V Permit ProvisionsFebruary 3, 2016April 5, 2019, (84 FR 13543)Submitted on May 18, 2016.
Rule 220Non-Title V Permit ProvisionsFebruary 3, 2016April 5, 2019, (84 FR 13543)Submitted on May 18, 2016.
Rule 240 (except Section 305)Federal Major New Source Review (NSR)February 3, 2016April 5, 2019, (84 FR 13543)Submitted on May 18, 2016.
Rule 241Minor New Source Review (NSR)February 3, 2016April 5, 2019, (84 FR 13543)Submitted on November 25, 2016.
Rule 242Emissions Offsets Generated by the Voluntary Paving of Unpaved RoadsJune 20, 2007August 6, 2007, 72 FR 43538Submitted on July 5, 2007.
Regulation III—Control of Air Contaminants
Rule 300Visible EmissionsMarch 12, 2008July 28, 2010, 75 FR 44141Submitted on July 10, 2008.
Rule 310Fugitive Dust From Dust-Generating OperationsJanuary 27, 2010December 15, 2010, 75 FR 78167Submitted on April 12, 2010. Cites appendices C and F, which are listed separately in this table.
Rule 310.01Fugitive Dust From Non-Traditional Sources of Fugitive DustJanuary 27, 2010December 15, 2010, 75 FR 78167Submitted on April 12, 2010. Cites appendix C, which is listed separately in this table.
Rule 311Particulate matter from process industriesAugust 2, 1993April 10, 1995, 60 FR 18010. Vacated by Ober decision. Restored August 4, 1997, 62 FR 41856Submitted on March 3, 1994.
Rule 312Abrasive BlastingJuly 13, 1988January 4, 2001, 66 FR 730Submitted on January 4, 1990.
Rule 313Incinerators, Burn-Off Ovens and CrematoriesMay 9, 2012September 25, 2014, 79 FR 57445Submitted on August 27, 2012.
Rule 314Open Outdoor Fires and Indoor Fireplaces at Commercial and Institutional EstablishmentsMarch 12, 2008November 9, 2009, 74 FR 57612Submitted on July 10, 2008.
Rule 316Nonmetallic Mineral ProcessingMarch 12, 2008November 13, 2009, 74 FR 58553Submitted on July 10, 2008.
Rule 318Approval of Residential Woodburning DevicesApril 21, 1999November 8, 1999, 64 FR 60678Submitted on August 4, 1999.
Rule 322Power Plant OperationsOctober 17, 2007October 14, 2009, 74 FR 52693Submitted on January 9, 2008.
Rule 323Fuel Burning Equipment from Industrial/Commercial/Institutional (ICI) SourcesOctober 17, 2007October 14, 2009, 74 FR 52693Submitted on January 9, 2008.
Rule 324Stationary Internal Combustion (IC) EnginesOctober 17, 2007October 14, 2009, 74 FR 52693Submitted on January 9, 2008.
Rule 325Brick and Structural Clay Products (BSCP) ManufacturingAugust 10, 2005August 21, 2007, 72 FR 46564Element of the Revised PM-10 State Implementation Plan for the Salt River Area, September 2005. Submitted on October 7, 2005.
Rule 331Solvent CleaningApril 21, 2004December 21, 2004, 69 FR 76417Submitted on July 28, 2004.
Rule 333Petroleum Solvent Dry CleaningJune 19, 1996February 9, 1998, 63 FR 6489Submitted on February 26, 1997.
Rule 334Rubber Sports Ball ManufacturingJune 19, 1996February 9, 1998, 63 FR 6489Submitted on February 26, 1997.
Rule 335Architectural CoatingsJuly 13, 1988January 6, 1992, 57 FR 354Submitted on January 4, 1990.
Rule 336Surface Coating OperationsApril 7, 1999September 20, 1999, 64 FR 50759Submitted on August 4, 1999.
Rule 337Graphic ArtsNovember 20, 1996February 9, 1998, 63 FR 6489Submitted on March 4, 1997.
Rule 338Semiconductor ManufacturingJune 19, 1996February 9, 1998, 63 FR 6489Submitted on February 26, 1997.
Rule 339Vegetable Oil Extract ProcessesNovember 16, 1992February 9, 1998, 63 FR 6489Submitted on February 4, 1993.
Rule 340Cutback and Emulsified AsphaltSeptember 21, 1992February 1, 1996, 61 FR 3578Submitted on November 13, 1992.
Rule 341Metal CastingAugust 5, 1994February 12, 1996, 61 FR 5287Submitted on August 16, 1994.
Rule 342Coating Wood Furniture and FixturesNovember 20, 1996February 9, 1998, 63 FR 6489Submitted on March 4, 1997.
Rule 343Commercial Bread BakeriesFebruary 15, 1995March 17, 1997, 62 FR 12544Submitted on August 31, 1995.
Rule 344Automobile Windshield Washer FluidApril 7, 1999November 30, 2001, 66 FR 59699Submitted on August 4, 1999.
Rule 346Coating Wood MillworkNovember 20, 1996February 9, 1998, 63 FR 6489Submitted on March 4, 1997.
Rule 347Ferrous Sand CastingMarch 4, 1998June 12, 2000, 65 FR 36788Submitted on August 4, 1999.
Rule 348Aerospace Manufacturing and Rework OperationsApril 7, 1999September 20, 1999, 64 FR 50759Submitted on August 4, 1999.
Rule 349Pharmaceutical, Cosmetic, and Vitamin Manufacturing OperationsApril 7, 1999June 8, 2001, 66 FR 30815Submitted on August 4, 1999.
Rule 350Storage of Organic Liquids at Bulk Plants and TerminalsApril 6, 1992September 5, 1995, 60 FR 46024Submitted on June 29, 1992.
Rule 351Loading of Organic LiquidsFebruary 15, 1995February 9, 1998, 63 FR 6489Submitted on August 31, 1995.
Rule 352Gasoline Delivery VesselsNovember 16, 1992September 5, 1995, 60 FR 46024Submitted on February 4, 1993.
Rule 353Transfer of Gasoline into Stationary Dispensing TanksApril 6, 1992February 1, 1996, 61 FR 3578Submitted on June 29, 1992.
Rule 358Polystyrene Foam OperationsApril 20, 2005May 26, 2005, 70 FR 30370Submitted on April 25, 2005.
Regulation V—Air Quality Standards and Area Classification
Rule 510, excluding Appendix G to the Maricopa County Air Pollution Control RegulationsAir Quality StandardsNovember 1, 2006November 9, 2009, 74 FR 57612Submitted on June 7, 2007.
Regulation VI—Emergency Episodes
Rule 600Emergency EpisodesJuly 13, 1988March 18, 1999, 64 FR 13351Submitted on January 4, 1990.
Appendices to Maricopa County Air Pollution Control Rules and Regulations
Appendix CFugitive Dust Test MethodsMarch 26, 2008December 15, 2010, 75 FR 78167Cited in Rules 310 and 310.01. Submitted on July 10, 2008.
Appendix FSoil DesignationsApril 7, 2004August 21, 2007, 72 FR 46564Cited in Rule 310. Submitted on October 7, 2005.

†Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir. 1990). Restored by document published January 29, 1991.

Table 5—EPA-Approved Maricopa County Documents Related to Applications for Dust Control Permits

TitleState effective dateEPA approval dateAdditional explanation
Application for Dust Control PermitJune 22, 2005August 21, 2007, 72 FR 46564Relates to Rule 310 (“Fugitive Dust from Dust-Generating Operations”). Element of the Revised PM-10 State Implementation Plan for the Salt River Area, Additional Materials, September 2005. Submitted on November 29, 2005.
Guidance for Application for Dust Control PermitJune 22, 2005August 21, 2007, 72 FR 46564Relates to Rule 310 (“Fugitive Dust from Dust-Generating Operations”). Element of the Revised PM-10 State Implementation Plan for the Salt River Area, Additional Materials, September 2005. Submitted on November 29, 2005.

Table 6—EPA-Approved Ordinances Adopted by Maricopa County and Other Local Jurisdictions Within Maricopa County

County citationTitle/subjectState effective dateEPA approval dateAdditional explanation
Maricopa County Ordinance P-26Residential Woodburning Restriction OrdinanceMarch 26, 2008November 9, 2009, 74 FR 57612Submitted on July 10, 2008.
Maricopa County, Ordinance P-7Trip Reduction OrdinanceAdopted May 26, 1994May 4, 1998, 63 FR 24434Submitted on August 31, 1995.
Town of Carefree Ordinance No. 98-14An Ordinance of the Town of Carefree, Maricopa County, Arizona, Adding Section 10-4 to the Town Code Relating to Clean-Burning Fireplaces, Providing Penalties for Violations (3 pages)Adopted September 1, 1998July 25, 2002, 67 FR 48718Submitted on February 16, 2000.
Town of Gilbert Ordinance 1066An Ordinance of the Common Council of the Town of Gilbert, Arizona Amending the Code of Gilbert by Amending Chapter 30 Environment, by adding New Article II Fireplace Restrictions Prescribing Standards for Fireplaces, Woodstoves, and Other Solid-Fuel Burning Devices in New Construction; Providing for an Effective Date of January 1, 1999; Providing for Repeal of Conflicting Ordinances; Providing for Severability (3 pages)January 1, 1999July 25, 2002, 67 FR 48718Adopted by the Town of Gilbert on November 25, 1997. Submitted on February 16, 2000.
City of Mesa Ordinance No. 3434An Ordinance of the City Council of the City of Mesa, Maricopa County, Arizona, Relating to Fireplace Restrictions Amending Title 4, Chapter 1, Section 2 Establishing a Delayed Effective Date; and Providing Penalties for Violations (3 pages)December 31, 1998July 25, 2002, 67 FR 48718Adopted by the City of Mesa on February 2, 1998. Submitted on February 16, 2000.
Town of Paradise Valley Ordinance Number 454An Ordinance of the Town of Paradise Valley, Arizona, Relating to Grading and Dust Control, Amending Article 5-13 of the Town Code and Sections 5-13-1 Through 5-13-5, Providing Penalties for Violations and Severability (5 pages)January 22, 1998July 25, 2002, 67 FR 48718Adopted by the Town of Paradise Valley on January 22, 1998. Submitted on February 16, 2000. [Incorporation Note: There is an error in the ordinance's title, ordinance amended only sections 5-13-1 to 5-13-4; see section 1 of the ordinance.]
Town of Paradise Valley Ordinance Number 450An Ordinance of the Town of Paradise Valley, Arizona, Adding Section 5-1-7 to the Town Code Relating to Clean-Burning Fireplaces, Providing Penalties for Violations (3 pages)December 18, 1997July 25, 2002, 67 FR 48718Adopted by the Town of Paradise Valley on December 18, 1997. Submitted on February 16, 2000.
City of Phoenix Ordinance No. G4062An Ordinance Amending the Phoenix City Code By Adding A New Chapter 40 “Environmental Protections,” By Regulating Fireplaces, Wood Stoves and Other Solid-Fuel Burning Devices and Providing that the Provisions of this Ordinance Shall Take Effect on December 31, 1998 (5 pages)December 31, 1998July 25, 2002, 67 FR 48718Adopted by the City of Phoenix on December 10, 1997. Submitted on February 16, 2000.
City of Phoenix Ordinance No. G4037An Ordinance Amending Chapter 39, Article 2, Section 39-7 of the Phoenix City Code by Adding Subsection G Relating to Dust Free Parking Areas; and Amending Chapter 36, Article XI, Division I, Section 36-145 of the Phoenix City Code Relating to Parking on Non-Dust Free Lots (5 pages)Adopted July 2, 1997July 25, 2002, 67 FR 48718Adopted by the City of Phoenix on July 2, 1997. Submitted on February 16, 2000.
City of Tolleson Ordinance No. 376, N.S.An Ordinance of the City of Tolleson, Maricopa County, Arizona, Amending Chapter 7 of the Tolleson City Code by Adding a New Section 7-9, Prohibiting the Installation or Construction of a Fireplace or Wood Stove Unless It Meets the Standards Set Forth Herein (including Exhibit A, 4 pages)Adopted December 8, 1998July 25, 2002, 67 FR 48718Adopted by the City of Tolleson on December 8, 1998. Submitted on February 16, 2000.

Table 7—EPA-Approved Pima County Air Pollution Control Regulations

County citationTitle/subjectState effective dateEPA approval dateAdditional explanation
Pre-1976 Rule Codification
Regulation I—General Provisions
Rule 2DefinitionsFebruary 20, 1975May 11, 1977, 42 FR 23802Submitted on February 20, 1975.
Rule 3Standard ConditionsDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Rule 19Decisions of Hearing Board; Subpoenas; Effective DateDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Rule 20Judicial Review; Grounds; ProceduresDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Rule 21Notice of Hearing; Publication; ServiceDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Rule 22Hearing Board FeesDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Regulation II—Emissions Prohibited
Rule 2BEmissions of Particulate MatterMarch 19, 1974September 19, 1977, 42 FR 46926Submitted on March 19, 1974.
Rule 3Emissions of Gases, Vapors, Fumes or OdorsDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Rule 5Organic SolventsDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Rule 7Emissions of Certain Sulfur CompoundsDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
1976-1978 Rule Codification
Regulation I—General Provisions
Rule 2, paragraphs uu-yyDefinitionsJune 21, 1976July 19, 1977, 42 FR 36998Submitted on September 30, 1976.
Regulation II—Fuel Burning Equipment
Rule 2G (Paragraphs 1-4c)Particulate EmissionsJune 21, 1976July 19, 1977, 42 FR 36998Submitted on September 30, 1976.
Rule 7A (Paragraph 1)Sulfur Dioxide EmissionsJune 21, 1976July 19, 1977, 42 FR 36998Submitted on September 30, 1976. Paragraphs 2 to 5 were disapproved. See 42 FR 36998 (July 19, 1977).
Rule 7B (Paragraph 1)Nitrogen Oxide EmissionsJune 21, 1976July 19, 1977, 42 FR 36998Submitted on September 30, 1976.
Regulation VII—New Source Performance Standards
Regulation VII (Paragraphs A-D)Standards of Performance for New Stationary SourcesJune 21, 1976July 19, 1977, 42 FR 36998Submitted on September 30, 1976.
Regulation VIII—National Emission Standards for Hazardous Air Pollutants
Regulation VIII (Paragraphs A-C)Emissions Standards for Hazardous Air PollutantsJune 21, 1976July 19, 1977, 42 FR 36998Submitted on September 30, 1976.
1979-1993 Rule Codification
Chapter I: General Provisions
Rule 101Declaration of PolicyAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 102PurposeAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 103AuthorityAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 111General ApplicabilityAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 112State and/or CountyAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 113LimitationsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 121Air Quality Control DistrictAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 122Executive HeadAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 123Governing BodyAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 151Severability ClauseAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 161FormatAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 162Headings and Special TypeAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 163Use of Number and GenderAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 165Effective DateAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 166Adoption by ReferenceDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Rule 171Words, Phrases, and TermsDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Rule 171 [paragraphs B.1 (“Air Contaminant or Air Pollutant”, B.1.a (“Common Air Pollutant”), B.7 (“Emission or Emissions”), B.8 (“Source or Existing Source”), C.1.a (“Existing Source”), C.1.b (“New Source”), C.2.a (“Major Source”), C.2.c (“New Major Source”), C.2.d (“Modification or Alteration”), C.3.a (“Stationary Source”), E.1.b (“Lowest Achievable Emission Rate” )]Words, Phrases, and TermsAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Rule 172Meanings of Mathematical SymbolsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 173Chemical Symbols and AbbreviationsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 174Scientific UnitsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 175AcronymsDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Chapter II: Permits
Rule 201Statutory AuthorityAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 202, paragraph D onlyInstallation PermitsDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Rule 202Installation PermitsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 203Operating PermitsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 211Permit ApplicationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 212Sampling, Testing, and Analysis RequirementsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 213Public Notification/Public CommentsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 215Permit RevocationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 221General ControlAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 222Permit Display or PostingAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 223Permit TransferabilityAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 224Fugitive Dust Producing ActivitiesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 225Open Burning Permit ConditionsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 226Permits for State-Delegated Emission SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 231Non-ComplianceAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 232Notification of DenialAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 241General ProvisionsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 242Installation Permit Fees/Non-Fee RequirementsJune 1, 1981April 16, 1982, 47 FR 16326Submitted on June 1, 1981.
Rule 243Open Burning Permit FeesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 244Operating Permit FeesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 251Permit Fee Studies Related to InflationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 252Periodic Review of Individual Fee SchedulesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 261Compliance InspectionsJune 1, 1981April 16, 1982, 47 FR 16326Submitted on June 1, 1981.
Tables Cited by Rules in Chapter II
Table 242Activity Installation Permit Requirements for Construction/Destruction ActivitiesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Table 243Open Burning Permit Fee SchedulesJune 1, 1981April 16, 1982, 47 FR 16326Submitted on June 1, 1981.
Table 244-AEquipment Operating Permit Fee Schedules for Categorical SourcesJune 1, 1981April 16, 1982, 47 FR 16326Submitted on June 1, 1981.
Table 244-BEquipment Operating Permit Fee Schedules for Non-Categorical SourcesJune 1, 1981April 16, 1982, 47 FR 16326Submitted on June 1, 1981.
Table 244-CActivity Operating Permit Fee RequirementsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Chapter III: Universal Control Standards
Rule 301Planning, Constructing, or Operating Without a PermitAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 302Non-Compliance with Applicable StandardsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 312Asphalt KettlesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 313IncineratorsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 314Petroleum LiquidsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 315Roads and StreetsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 316Particulate MaterialsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 318Vacant Lots and Open SpacesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 321Standards and ApplicabilityAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 331ApplicabilityAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 332Compilation of Mass Rates and ConcentrationsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 341ApplicabilityAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 342Mass—Concentration CeilingsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 343Visibility Limiting StandardsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 344Odor Limiting StandardsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 371Tucson Nonattainment AreasDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Rule 372Ajo AreaDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Rule 373General County AreasDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Figure 371-ATucson Nonattainment Area for Total Suspended ParticulatesDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Figure 371-CTucson Nonattainment Area for Carbon MonoxideDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Figure 372Approximate Boundaries of Ajo AreaDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Rule 381, paragraph A, subparagraphs 1, 2, 3, 4, and 5, and paragraph B onlyADHS Nonattainment-Area StandardsDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Tables Cited by Rules in Chapter III
Table 321, excluding the “Asbestos-Containing Operation” standardsEmissions-Discharge Opacity Limiting StandardsAugust 17, 1979April 16, 1982, 47 FR 16326Approval excludes the “Asbestos-Containing Operation” standards. Submitted on October 9, 1979.
Table 332, excluding lines (h)-(m)Emissions-Discharge Mass Limiting StandardsAugust 17, 1979April 16, 1982, 47 FR 16326Approval excludes lines (h)-(m). Submitted on October 9, 1979.
Table 341, excluding the Beryllium ceilingsMaximum Allowable Pollutant-Concentration Ceilings in Ambient AirAugust 17, 1979April 16, 1982, 47 FR 16326Approval excludes the beryllium ceilings. Submitted on October 9, 1979.
Chapter IV: Performance Standards for New Major Sources
Rule 402Stack and Shop EmissionsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 403Applicability of More Than One StandardAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 411Tucson AreaAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 412Ajo AreaAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 413General County AreasAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 421ApplicabilityAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Rule 422TSP Clean Air PlanAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Rule 423TSP Emission Data BankAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Rule 424Emission Offset RequirementAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Rule 425Lowest Achievable Emission RateAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Rule 426Existing Sources in ComplianceAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Chapter V: Testing and Monitoring
Rule 501Applicability of MethodologyAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 502Testing FrequenciesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 503Notification; FeesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 504, part E, paragraph 2Pre-Installation Testing or Modeling RequirementsAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on June 1, 1981.
Rule 504Pre-Installation Testing or Modeling RequirementsAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Rule 505Sampling and Testing FacilitiesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 506Stack SamplingAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 507Waiver of Test RequirementsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 511General RequirementsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 512In-Stack MonitoringAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Chapter VI: Recordkeeping and Reporting
Regulation 60 (“Classification of Pollutants”), Rule 601Classification of Common and Hazardous Air PollutantsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 611, paragraph A onlyRecordkeeping for Compliance DeterminationsJune 1, 1981April 16, 1982, 47 FR 16326Approval included paragraph A only. Submitted on June 1, 1981.
Rule 611, paragraphs A.1 to A.3 onlyRecordkeeping for Compliance DeterminationsAugust 17, 1979April 16, 1982, 47 FR 16326Approval included paragraphs A.1 to A.3 only. Submitted on October 9, 1979.
Rule 612Recordkeeping for Emissions InventoriesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 621Reporting for Compliance EvaluationsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 622Reporting as a Permit RequirementAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 623Reporting for Emissions InventoriesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 624Reporting for TSP Emission Data BankAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 631Confidentiality of Trade Secrets, Sales Data, and Proprietary InformationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 641Suppression; False InformationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Tables Cited by Rules in Chapter VI
Table 603Methodology for Entering Records of Emissions into TSP Data BankAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Chapter VII: Violations and Judicial Procedures
Rule 701Criminal ComplaintAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 703InjunctionAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 704Precedence of ActionsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 705PenaltiesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 706, paragraphs D.1 and D.2 onlyReviews for Startup, Shutdown, or MalfunctionsAugust 17, 1979April 16, 1982, 47 FR 16326Approval included paragraphs D.1 and D.2 only. Submitted on June 1, 1981.
Rule 706, paragraphs A to C, D.3, D.4, and E onlyReviews for Startup, Shutdown, or MalfunctionsAugust 17, 1979April 16, 1982, 47 FR 16326Approval included paragraphs A to C, D.3, D.4, and E only. Submitted on October 9, 1979.
Rule 721Evasion of Basic RequirementsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 722Concealment of EmissionsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Chapter VIII: Emergency Episodes and Public Awareness
Rule 801State JurisdictionAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 802Determination of Emergency ConditionsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 803Emergency Episode ReportingAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 804Enforcement ActionsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 811Continuous Monitoring of Ambient Air PollutionAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 821Reports to the PublicAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 822General InformationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 823Public Participation in RulemakingAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Tables Cited by Rules in Chapter VIII
Table 802Air Pollution Episode CriteriaAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Table 804Possible Control Actions During Various Stages of an Air Pollution EpisodeAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Chapter IX: Appendix
Rule 901General Affidavit of DelegationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 902Political Sub-Divisions DelegationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 903Large Power Plants DelegationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 904Unpaved Roads DelegationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 1Sample and Velocity Traverses for Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 2Determination of Stack Gas Velocity and Volumetric Flow Rate (Type S Pitot Tube)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 3Gas Analysis for Carbon Dioxide, Excess Air, and Dry Molecular WeightAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 4Determination of Moisture in Stack GasesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 5Determination of Particulate Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 6Determination of Sulfur Dioxide Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 7Determination of Nitrogen Oxide Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 8Determination of Sulfuric Acid Mist and Sulfur Dioxide Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 9Visual Determination of the Opacity of Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 10Determination of Carbon Monoxide Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 11Determination of Hydrogen Sulfide Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 16Semi-Continuous Determination of Sulfur Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 17Determination of Particulate Emissions from Stationary Sources (In-Stack Filtration Method)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 19Determination of Sulfur Dioxide Removal Efficiency and Particulate, Sulfur Dioxide and Nitrogen Oxides Emission Rates from Electric Utility Steam GeneratorsJune 1, 1981April 16, 1982, 47 FR 16326Submitted on June 1, 1981.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 20Determination of Nitrogen Oxides, Sulfur Dioxide and Oxygen Emissions from Stationary Gas TurbinesJune 1, 1981April 16, 1982, 47 FR 16326Submitted on June 1, 1981.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method AReference Method for the Determination of Sulfur Dioxide in the Atmosphere (Pararosaniline Method)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method BReference Method for the Determination of Suspended Particulates in the Atmosphere (High Volume Method)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method CMeasurement Principle and Calibration Procedure for the Continuous Measurement of Carbon Monoxide in the Atmosphere (Non-Dispersive Infrared Spectrometry)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method DMeasurement Principle and Calibration Procedure for the Measurement of Ozone in the AtmosphereAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method EReference Method for Determination of Hydrocarbons Corrected for MethaneAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method FMeasurement Principle and Calibration Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase Chemiluminescence)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method GReference Method for the Determination of Lead in Suspended Particulate Matter collected from Ambient AirAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method HInterpretation of the National Ambient Air Quality Standards for OzoneAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 921General SpecificationsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 922Performance Specification 1 (Opacity)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 923Performance Specification 2 (SO2 and NOX)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 924Performance Specification 3 (CO2 and O2)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 931Guideline on Air Quality ModelsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 932Workbook for Comparison of Air Quality ModelsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Post-1993 Rule Codification
Pima County Code
Title 17. Air Quality Control
Chapter 12. Permits and Permit Revisions
Article V. Open Burning Permits
17.12.480Open burning permitsOctober 19, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.

†Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir. 1990). Restored on January 29, 1991, 56 FR 3219.

Table 8—EPA-Approved Ordinances Adopted by Pima County and Other Local Jurisdictions Within Pima County

County citationTitle/subjectState effective dateEPA approval dateAdditional explanation
Pima County Ordinance No. 1988-72Travel Reduction OrdinanceApril 18, 1988January 29, 1991, 56 FR 3219Submitted on May 26, 1988.
City of Tucson Ordinance No. 6914Travel Reduction OrdinanceApril 18, 1988January 29, 1991, 56 FR 3219Submitted on May 26, 1988.
City of South Tucson Ordinance 88-01Travel Reduction CodeApril 18, 1988January 29, 1991, 56 FR 3219Adopted through Resolutions No. 88-01 and 88-05.
Town of Marana Ordinance No. 88-06Travel Reduction CodeApril 18, 1988January 29, 1991, 56 FR 3219Adopted through Resolutions No. 88-06 and 88-07. Submitted on May 26, 1988.
Town of Oro Valley Ordinance No. 162Travel Reduction CodeApril 18, 1988January 29, 1991, 56 FR 3219Adopted through Resolutions No. 162, 326 and 327.

Table 9—EPA-Approved Pinal County Air Pollution Control Regulations

County citationTitle/subjectState effective dateEPA approval dateAdditional explanation
Pinal-Gila Counties Air Pollution Control District Regulations
7-3-1.4(C)IncinerationAugust 7, 1980April 12, 1982, 47 FR 15579Adopted by Pinal-Gila Counties Air Quality Control District. Submitted on August 7, 1980. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
7-3-1.4 (Excluding Paragraph C)Particulate Emissions—IncinerationMarch 19, 1974November 15, 1978, 43 FR 53031Adopted by Pinal-Gila Counties Air Quality Control District. EPA disapproved paragraph C. Submitted on July 1, 1975. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
7-3-1.5Particulate Emissions—Wood Waste BurnersMarch 19, 1974November 15, 1978, 43 FR 53031Adopted by Pinal-Gila Counties Air Quality Control District. Submitted on July 1, 1975. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
7-3-1.7(F)Fuel burning equipmentAugust 7, 1980April 12, 1982, 47 FR 15579Adopted by Pinal-Gila Counties Air Quality Control District. Submitted on August 7, 1980. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
7-3-1.7 (Excluding Paragraph F)Particulate Emissions—Fuel Burning EquipmentMarch 19, 1974November 15, 1978, 43 FR 53031Adopted by Pinal-Gila Counties Air Quality Control District. EPA disapproved paragraph F. Submitted on July 1, 1975. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
7-3-2.4SO2 Emissions—Sulfuric Acid PlantsMarch 19, 1974November 15, 1978, 43 FR 53031Adopted by Pinal-Gila Counties Air Quality Control District. Submitted on July 1, 1975. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
7-3-5.1NO2 Emissions—Fuel Burning EquipmentMarch 19, 1974November 15, 1978, 43 FR 53031Adopted by Pinal-Gila Counties Air Quality Control District. Submitted on July 1, 1975. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
7-3-5.2NO2 Emissions—Nitric Acid PlantsMarch 19, 1974November 15, 1978, 43 FR 53031Adopted by Pinal-Gila Counties Air Quality Control District. Submitted on July 1, 1975. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
Pinal County Air Quality Control District Regulations
Chapter 1. General Provisions and Definitions
1-1-010Declaration of policyFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-020Air Quality Control DistrictJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-030Executive headJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-040Investigative authorityJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-060Authority to study, cooperate and hold public hearingsJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-070Severability clauseJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-080Preservation of rightsJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-090Copies and effective dateNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-100Selecting interpretationsJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-106Jurisdictional StatementFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-2-110Adopted document(s)June 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-2-120Adoptions by referenceNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-3-140Definitions, 74, Hearing BoardJuly 23, 2014August 10, 2015, 80 FR 47859Adopted by the Pinal County Board of Supervisors through Resolution No. 072314-AQ1. Includes new text that is underlined and excludes removed text which was struck by the board. Submitted by ADEQ on September 4, 2014.
1-3-140DefinitionsJuly 29, 1998November 13, 2002, 67 FR 68764Submitted on October 7, 1998.
Chapter 2. Ambient Air Quality Standards
2-1-010PurposeJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-1-020Particulate matterJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-1-030Sulfur oxide (sulfur dioxide)June 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-1-040OzoneJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-1-050Carbon monoxideJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-1-060Nitrogen dioxideJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-1-070LeadJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-2-080Air quality monitoring methodsJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-2-090Air quality monitoring proceduresJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-3-100Interpretation of ambient air quality standardsJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-3-110Evaluation of air quality dataJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-4-120PurposeJune 29, 1993April 9, 1996, 61 FR 15717Relates to attainment area classifications. Submitted on November 27, 1995.
2-4-130Adopted document(s)June 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-4-140Area classifications within Pinal CountyJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-4-150Attainment status in Pinal CountyJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-5-160Ambient air increment ceilingsOctober 12, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-5-170Baseline concentrationJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-5-180Baseline dateOctober 12, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-5-190Baseline areaFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-5-200ExemptionsFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-5-210Violations of maximum allowable increasesJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-6-220Violations of national ambient air quality standardsJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-7-230PurposeJune 29, 1993April 9, 1996, 61 FR 15717Relates to air pollution emergency episodes. Submitted on November 27, 1995.
2-7-240Episode procedures guidelinesJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-7-250DefinitionsJune 29, 1993April 9, 1996, 61 FR 15717Relates to air pollution emergency episodes. Submitted on November 27, 1995.
2-7-260StandardsJune 29, 1993April 9, 1996, 61 FR 15717Relates to air pollution emergency episodes. Submitted on November 27, 1995.
2-7-270Administrative requirementsJune 29, 1993April 9, 1996, 61 FR 15717Relates to air pollution emergency episodes. Submitted on November 27, 1995.
2-8-280GeneralJune 29, 1993April 28, 2004, 69 FR 23103Relates to limits on visible emissions. Submitted on November 27, 1995.
2-8-290DefinitionsJune 29, 1993April 28, 2004, 69 FR 23103Relates to limits on visible emissions. Submitted on November 27, 1995.
2-8-300Performance StandardsMay 18, 2005March 27, 2006, 71 FR 15043Relates to limits on visible emissions. Submitted on September 12, 2005.
2-8-302Performance Standards—Hayden PM10 Nonattainment AreaJanuary 7, 2009April 6, 2010, 75 FR 17307Submitted on June 12, 2009.
2-8-310ExemptionsJune 29, 1993April 28, 2004, 69 FR 23103Relates to limits on visible emissions. Submitted on November 27, 1995.
2-8-320Monitoring and recordsJune 29, 1993April 28, 2004, 69 FR 23103Relates to limits on visible emissions. Submitted on November 27, 1995.
Chapter 3. Permits and Permit Revisions
3-1-010PurposeNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-030DefinitionsNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-040Applicability and classes of permitsOctober 12, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-042Operating authority and obligations for a source subject to permit reopeningFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-050Permit application requirementsOctober 12, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-055Completeness determinationNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-060Permit application review processFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-065Permit review by the EPA and affected statesNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-070Permit application grant or denialNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-081Permit conditionsFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-082Emission standards and limitationsNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-083Compliance provisionsFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-084Voluntarily Accepted Federal Enforceable Emission Limitations: Applicability; Reopening; Effective DateFebruary 22, 1995December 20, 2000, 65 FR 79742Submitted on November 27, 1995.
3-1-085Notice by building permit agenciesNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-087Permit reopening, reissuance and terminationNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-089Permit term, renewal and expirationFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-090Permit transferNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-102Permit shieldsNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-103Annual emissions inventory questionnaireFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-105Permits containing the terms and conditions of federal delayed compliance orders (DCO) or consent decreeNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-107Public notice and participationFebruary 22, 1995December 20, 2000, 65 FR 79742Submitted on November 27, 1995.
3-1-109Material permit conditionFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-110Investigative authorityNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-120Confidentiality of recordsNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-132Permit imposed right of entryJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-140Permit revocationNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-150MonitoringNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-160Test methods and proceduresNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-170Performance testsNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-173Quality assuranceNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-175Certification of truth, accuracy and completenessNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-1-177Stack height limitationNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-2-180Facility changes allowed without permit revisionsNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-2-185Administrative permit amendmentsNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-2-190Minor permit revisionsNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-2-195Significant permit revisionsNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
3-3-200PurposeNovember 3, 1993April 9, 1996, 61 FR 15717Relates to permit requirements for new major sources and major modifications to existing major sources. Submitted on November 27, 1995.
3-3-203DefinitionsNovember 3, 1993April 9, 1996, 61 FR 15717Relates to permit requirements for new major sources and major modifications to existing major sources. Submitted on November 27, 1995.
3-3-205Application requirementsNovember 3, 1993April 9, 1996, 61 FR 15717Relates to permit requirements for new major sources and major modifications to existing major sources. Submitted on November 27, 1995.
3-3-210Application review processFebruary 22, 1995April 9, 1996, 61 FR 15717Relates to permit requirements for new major sources and major modifications to existing major sources. Submitted on November 27, 1995.
3-3-250Permit and permit revision requirements for sources located in attainment and unclassifiable areasFebruary 22, 1995April 9, 1996, 61 FR 15717Relates to permit requirements for new major sources and major modifications to existing major sources. Submitted on November 27, 1995.
3-3-260Air quality impact analysis and monitoring requirementsNovember 3, 1993April 9, 1996, 61 FR 15717Relates to permit requirements for new major sources and major modifications to existing major sources. Submitted on November 27, 1995.
3-3-270Innovative control technologyNovember 3, 1993April 9, 1996, 61 FR 15717Relates to permit requirements for new major sources and major modifications to existing major sources. Submitted on November 27, 1995.
3-3-275Air quality modelsNovember 3, 1993April 9, 1996, 61 FR 15717Relates to permit requirements for new major sources and major modifications to existing major sources. Submitted on November 27, 1995.
3-3-280Visibility protectionNovember 3, 1993April 9, 1996, 61 FR 15717Relates to permit requirements for new major sources and major modifications to existing major sources. Submitted on November 27, 1995.
3-8-700General ProvisionsOctober 27, 2004May 16, 2006, 71 FR 28270Relates to open burning. Submitted on December 30, 2004.
3-8-710Permit Provisions and AdministrationOctober 27, 2004May 16, 2006, 71 FR 28270Relates to open burning. Submitted on December 30, 2004.
Chapter 4. Emissions from Existing and New Non-Point Sources
4-1-010General ApplicabilityJanuary 1, 2016May 1, 2017, 82 FR 20267Submitted on December 21, 2015 as “Chapter 4, Article 1”.
4-1-015ExemptionsJanuary 1, 2016May 1, 2017, 82 FR 20267Submitted on December 21, 2015 as “Chapter 4, Article 1”.
4-1-020DefinitionsJanuary 1, 2016May 1, 2017, 82 FR 20267Submitted on December 21, 2015 as “Chapter 4, Article 1”.
4-1-030StandardsJanuary 1, 2016May 1, 2017, 82 FR 20267Submitted on December 21, 2015 as “Chapter 4, Article 1”.
4-1-040RecordkeepingJanuary 1, 2016May 1, 2017, 82 FR 20267Submitted on December 21, 2015 as “Chapter 4, Article 1”.
4-1-045Reporting RequirementsJanuary 1, 2016May 1, 2017, 82 FR 20267Submitted on December 21, 2015 as “Chapter 4, Article 1”.
4-1-050Records RetentionJanuary 1, 2016May 1, 2017, 82 FR 20267Submitted on December 21, 2015 as “Chapter 4, Article 1”.
4-1-060ViolationsJanuary 1, 2016May 1, 2017, 82 FR 20267Submitted on December 21, 2015 as “Chapter 4, Article 1”.
4-2-020Fugitive Dust—GeneralDecember 4, 2002April 6, 2010, 75 FR 17307Submitted on June 12, 2009.
4-2-030Fugitive Dust—DefinitionsDecember 4, 2002April 6, 2010, 75 FR 17307Submitted on June 12, 2009.
4-2-040StandardsJune 29, 1993August 1, 2007, 72 FR 41896Relates to fugitive dust. Submitted on November 27, 1995.
4-2-050Monitoring and RecordsMay 14, 1997August 1, 2007, 72 FR 41896Relates to fugitive dust. Submitted on October 7, 1998.
4-3-160General Provisions—West Pinal PM10 Nonattainment AreaJanuary 1, 2016May 1, 2017, 82 FR 20267Submitted on December 21, 2015 as “Chapter 4, Article 3”.
4-3-170DefinitionsJanuary 1, 2016May 1, 2017, 82 FR 20267Submitted on December 21, 2015 as “Chapter 4, Article 3”.
4-3-180Dust Generating Operations Standards, Application, Permit and Recordkeeping RequirementsJanuary 1, 2016May 1, 2017, 82 FR 20267Submitted on December 21, 2015 as “Chapter 4, Article 3”.
4-3-190ViolationsJanuary 1, 2016May 1, 2017, 82 FR 20267Submitted on December 21, 2015 as “Chapter 4, Article 3”.
4-4-100General ProvisionsOctober 1, 2009April 6, 2010, 75 FR 17307Relates to PM-10 Non-attainment Area Rules; Dustproofing and Stabilization for Commercial Unpaved Parking, Drive and Working Yards. Submitted on June 12, 2009.
4-4-110DefinitionsOctober 1, 2009April 6, 2010, 75 FR 17307Relates to PM-10 Non-attainment Area Rules; Dustproofing and Stabilization for Commercial Unpaved Parking, Drive and Working Yards. Submitted on June 12, 2009.
4-4-120Objective StandardsOctober 1, 2009April 6, 2010, 75 FR 17307Relates to PM-10 Non-attainment Area Rules; Dustproofing and Stabilization for Commercial Unpaved Parking, Drive and Working Yards. Submitted on June 12, 2009.
4-4-130Work Practice StandardsOctober 1, 2009April 6, 2010, 75 FR 17307Relates to PM-10 Non-attainment Area Rules; Dustproofing and Stabilization for Commercial Unpaved Parking, Drive and Working Yards. Submitted on June 12, 2009.
4-4-140Recordkeeping and Records RetentionOctober 1, 2009April 6, 2010, 75 FR 17307Relates to PM-10 Non-attainment Area Rules; Dustproofing and Stabilization for Commercial Unpaved Parking, Drive and Working Yards. Submitted on June 12, 2009.
4-5-150Stabilization for Residential Parking and Drives; ApplicabilityOctober 1, 2009April 6, 2010, 75 FR 17307Relates to PM-10 Non-attainment Area Rules; Stabilization for Residential Parking and Drives. Submitted on June 12, 2009.
4-5-160Residential Parking Control RequirementOctober 1, 2009April 6, 2010, 75 FR 17307Relates to PM-10 Non-attainment Area Rules; Stabilization for Residential Parking and Drives. Submitted on June 12, 2009.
4-5-170Deferred enforcement dateOctober 1, 2009April 6, 2010, 75 FR 17307Relates to PM-10 Non-attainment Area Rules; Stabilization for Residential Parking and Drives. Submitted on June 12, 2009.
4-7-210DefinitionsJune 3, 2009April 6, 2010, 75 FR 17307Relates to Construction Sites in Non-Attainment Areas—Fugitive Dust. Submitted on June 12, 2009.
4-7-214General ProvisionsJune 3, 2009April 6, 2010, 75 FR 17307Relates to Construction Sites in Non-Attainment Areas—Fugitive Dust. Submitted on June 12, 2009.
4-7-218Applicability; Development ActivityJune 3, 2009April 6, 2010, 75 FR 17307Relates to Construction Sites in Non-Attainment Areas—Fugitive Dust. Submitted on June 12, 2009.
4-7-222Owner and/or Operator LiabilityJune 3, 2009April 6, 2010, 75 FR 17307Relates to Construction Sites in Non-Attainment Areas—Fugitive Dust. Submitted on June 12, 2009.
4-7-226Objective Standards; SitesJune 3, 2009April 6, 2010, 75 FR 17307Relates to Construction Sites in Non-Attainment Areas—Fugitive Dust. Submitted on June 12, 2009.
4-7-230Obligatory Work Practice Standards; SitesJune 3, 2009April 6, 2010, 75 FR 17307Relates to Construction Sites in Non-Attainment Areas—Fugitive Dust. Submitted on June 12, 2009.
4-7-234Nonattainment-Area Dust Permit Program; General ProvisionsJune 3, 2009April 6, 2010, 75 FR 17307Relates to Construction Sites in Non-Attainment Areas—Fugitive Dust. Submitted on June 12, 2009.
4-7-238Nonattainment Area Site PermitsJune 3, 2009April 6, 2010, 75 FR 17307Relates to Construction Sites in Non-Attainment Areas—Fugitive Dust. Submitted on June 12, 2009.
4-7-242Nonattainment Area Block PermitsJune 3, 2009April 6, 2010, 75 FR 17307Relates to Construction Sites in Non-Attainment Areas—Fugitive Dust. Submitted on June 12, 2009.
4-7-246Recordkeeping and Records RetentionJune 3, 2009April 6, 2010, 75 FR 17307Relates to Construction Sites in Non-Attainment Areas—Fugitive Dust. Submitted on June 12, 2009.
4-9-320Test Methods for Stabilization for Unpaved Roads and Unpaved Parking LotsJune 3, 2009April 6, 2010, 75 FR 17307Submitted on June 12, 2009.
4-9-340Visual Opacity Test MethodsJune 3, 2009April 6, 2010, 75 FR 17307Submitted on June 12, 2009.
Chapter 5. Stationary Source Performance Standards
5-18-740Storage of Volatile Organic Compounds—Organic Compound EmissionsFebruary 22, 1995December 26, 2000, 65 FR 81371Submitted on November 27, 1995.
5-19-800GeneralFebruary 22, 1995December 26, 2000, 65 FR 81371Relates to loading of organic liquids. Submitted on November 27, 1995.
5-22-950Fossil Fuel Fired Steam Generator Standard ApplicabilityFebruary 22, 1995September 29, 2000, 65 FR 58359Submitted on November 27, 1995.
5-22-960Fossil Fuel Fired Steam Generator Sulfur Dioxide Emission LimitationFebruary 22, 1995September 29, 2000, 65 FR 58359Submitted on November 27, 1995.
5-24-1032Federally Enforceable Minimum Standard of Performance—Process Particulate EmissionsFebruary 22, 1995April 17, 2012, 77 FR 22676Submitted on November 27, 1995.
5-24-1040Carbon Monoxide Emissions—Industrial ProcessesFebruary 22, 1995April 28, 2004, 69 FR 23103Submitted on November 27, 1995.
5-24-1045Sulfite Pulp Mills—Sulfur Compound EmissionsFebruary 22, 1995September 29, 2000, 65 FR 58359Submitted on November 27, 1995.
5-24-1055Pumps and Compressors—Organic Compound EmissionsFebruary 22, 1995December 26, 2000, 65 FR 81371Submitted on November 27, 1995.

(d) EPA-approved source-specific requirements.

EPA-Approved Source-Specific Requirements

Name of sourceOrder/permit No.Effective dateEPA approval dateExplanation
Arizona Department of Environmental Quality
Arizona Electric Power Cooperative's Apache Generating StationSignificant Revision No. 59195 to Air Quality Control Permit No. 55412, excluding section V.DMay 13, 2014April 10, 2015, 80 FR 19220Permit issued by the Arizona Department of Environmental Quality. Submitted on May 13, 2014.
Cholla Power PlantSignificant Permit Revision No. 61713 to Operating Permit No. 53399October 16, 2015March 27, 2017, 82 FR 15139Permit issued by Arizona Department of Environmental Quality. Submitted on October 22, 2015.
Coronado Generating StationPermit #64169 (as amended by Significant Revision #63088) Cover Page and Attachment “E”: BART AlternativesNovember 9, 2017October 10, 2017, 82 FR 46903Permit issued by Arizona Department of Environmental Quality. Submitted on December 15, 2016.
Maricopa County Air Quality Department
W.R. Meadows of Arizona, Inc., Goodyear, ArizonaV98-0004, condition 23February 17, 2005June 14, 2005, 70 FR 34357Permit issued by the Maricopa County Air Quality Department. Submitted on April 20, 2005.

(e) EPA-approved Arizona nonregulatory provisions and quasi-regulatory measures.

Table 1—EPA-Approved Non-Regulatory and Quasi-Regulatory Measures

[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively]1

Name of SIP provisionApplicable geographic or nonattainment area or title/subjectState submittal dateEPA approval dateExplanation
The State of Arizona Air Pollution Control Implementation Plan
Clean Air Act Section 110(a)(2)   State Implementation Plan Elements (Excluding Part D Elements and Plans)
Chapter 1—IntroductionState-wideMay 26, 1972July 27, 1972, 37 FR 15080Submittal letter is dated May 26, 1972; received by EPA on May 30, 1972.
Appendix G—Policy Statement on Air Pollution ControlState-wideMay 26, 1972July 27, 1972, 37 FR 15080Submittal letter is dated May 26, 1972; received by EPA on May 30, 1972.
Chapter 2—Legal Authority, excluding section 2.9 (“Jurisdiction over Indian Lands”)State-wideMay 26, 1972July 27, 1972, 37 FR 15080Submittal letter is dated May 26, 1972; received by EPA on May 30, 1972. See table 1 of subsection (c) and table 3 of subsection (e). Section 2.9 was deleted without replacement at 81 FR 7209 (February 11, 2016).
Assertion of State Jurisdiction over Apache, Navajo, Santa Cruz, and Yavapai Counties; Assertion of State Jurisdiction over Cochise County; and Assertion of State Jurisdiction over specific sources in Mohave CountyApache, Navajo, Santa Cruz, Yavapai, Cochise, and Mohave CountiesFebruary 3, 1975July 31, 1978, 43 FR 33245
Chapter 3—Air Quality DataState-wideMay 26, 1972July 27, 1972, 37 FR 15080Submittal letter is dated May 26, 1972; received by EPA on May 30, 1972.
Chapter 4—Emission DataState-wideMay 26, 1972July 27, 1972, 37 FR 15080Submittal letter is dated May 26, 1972; received by EPA on May 30, 1972.
Chapter 5—Air Quality Surveillance Network (February 1980)State-wideFebruary 15, 1980August 10, 1981, 46 FR 40512
Chapter 6—Control StrategyState-wideMay 26, 1972July 27, 1972, 37 FR 15080SIP elements developed to address CAA requirements in designated nonattainment areas as well as maintenance plans are listed at the end of this table.
Chapter 7—Compliance SchedulesState-wideMay 26, 1972July 27, 1972, 37 FR 15080Submittal letter is dated May 26, 1972; received by EPA on May 30, 1972.
Chapter 8—Emergency Episode PreventionState-wideMay 26, 1972July 27, 1972, 37 FR 15080Submittal letter is dated May 26, 1972; received by EPA on May 30, 1972.
Appendix E—Emergency Episode Communications ManualState-wideMay 26, 1972July 27, 1972, 37 FR 15080Submittal letter is dated May 26, 1972; received by EPA on May 30, 1972.
Chapter 9—Review of New Sources and ModificationsState-wideMay 26, 1972July 27, 1972, 37 FR 15080Submittal letter is dated May 26, 1972; received by EPA on May 30, 1972.
Setting Applicability Thresholds, pages 1547-1549 in Appendix A to “State Implementation Plan Revision: New Source Review” adopted on October 29, 2012State-wideSubmitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014November 2, 2015, 80 FR 67319
Memorandum, “Proposed Final Permits to be Treated as Appealable Agency Actions,” dated February 10, 2015, from Eric Massey, Air Quality Division Director to Balaji Vaidyanathan, Permit Section Manager, submitted on February 23, 2015.State-wideSubmitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014November 2, 2015, 80 FR 67319
“State Implementation Plan Revision: New Source Review—Supplement,” relating to the division of jurisdiction for New Source Review in Arizona, adopted on July 2, 2014State-wideSubmitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014November 2, 2015, 80 FR 67319
Letter from the Arizona Department of Environmental Quality, dated June 1, 1988, committing to administer the provisions of the Federal New Source Review regulations consistent with EPA's requirementsState-wideJune 1, 1988August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219The commitments apply to the issuance of, or revision to, permits for any source which is a major stationary source or major modification as defined in 40 CFR, part 51, subpart I.†
Letter from Maricopa County Department of Health Services, Division of Public Health, dated April 28, 1988, committing to administer the New Source Review provisions of their regulations consistent with EPA's requirementsMaricopa CountyJuly 25, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219The commitments apply to the issuance of, or revision to, permits for any source which is a major stationary source or major modification as defined in 40 CFR, part 51, subpart I.†
Letter from the Pima County Health Department, Office of Environmental Quality, dated April 24, 1988 committing to administer the New Source Review provisions of their regulations consistent with EPA's requirementsPima CountyJuly 22, 1988August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219The commitments apply to the issuance of, or revision to, permits for any source which is a major stationary source or major modification as defined in 40 CFR, part 51, subpart I.†
State Implementation Plan Determination of “Good Engineering Practice” Stack HeightGila County (Hayden Copper Smelter)September 20, 1979January 14, 1983, 48 FR 1717Issued by Arizona Department of Health Services.
Technical Basis of New Source Review Regulations, Pima County, Arizona, February 6, 1980 (AQ-125-a)Pima CountyFebruary 28, 1980July 7, 1982, 47 FR 29532
Chapter 10—Source SurveillanceState-wideMay 26, 1972July 27, 1972, 37 FR 15080Submittal letter is dated May 26, 1972; received by EPA on May 30, 1972.
Chapter 11—Rules and RegulationsState-wideMay 26, 1972July 27, 1972, 37 FR 15080Also, see tables 1 through 6 in section 40 CFR 52.120(c).
Chapter 12—Intergovernmental CooperationState-wideMay 26, 1972July 27, 1972, 37 FR 15080Submittal letter is dated May 26, 1972; received by EPA on May 30, 1972.
Chapter 13—ResourcesState-wideMay 26, 1972July 27, 1972, 37 FR 15080Submittal letter is dated May 26, 1972; received by EPA on May 30, 1972.
Small Business Stationary Source Technical and Environmental Compliance Assistance ProgramState-wideFebruary 1, 1995June 15, 1995, 60 FR 31411Adopted by the Arizona Department of Environmental Quality on February 1, 1995.
Small Business Stationary Source Technical and Environmental Compliance Assistance ProgramState-wideNovember 13, 1992June 15, 1995, 60 FR 31411Adopted by the Arizona Department of Environmental Quality on November 13, 1992.
A Revised Analysis of Lead Emissions and Ambient-Air Concentrations in Pima County, ArizonaPima CountySeptember 26, 1980June 30, 1982, 47 FR 28374
Arizona Lead SIP RevisionState-wideApril 1, 1980June 30, 1982, 47 FR 28374
Arizona State Implementation Plan Revision to the Arizona Regional Haze Plan for Arizona Public Service Cholla Generating StationSource-SpecificOctober 22, 2015March 27, 2017, 82 FR 15139Revised source-specific BART limits for NOX for Cholla Power Plant adopted October 22, 2015.
Arizona State Implementation Plan Revision to the Arizona Regional Haze Plan for the Salt River Project Coronado Generating Station, excluding Appendix BSource-SpecificDecember 15, 2016October 10, 2017, 82 FR 46903BART Alternative for Coronado Generating Station adopted December 14, 2016.
Arizona State Implementation Plan, Revision to the Arizona Regional Haze Plan for Arizona Electric Power Cooperative, Incorporated, Apache Generating Station, excluding the appendicesSource-SpecificMay 13, 2014April 10, 2015, 80 FR 19220Submitted on May 13, 2014.
Arizona State Implementation Plan Revision, Regional Haze Under Section 308 of the Federal Regional Haze Rule (May 2013), excluding:Source-SpecificMay 3, 2013July 30, 2013, 78 FR 46142
(i) Chapter 10, section 10.7 (regarding ASARCO Hayden Smelter (PM10 emissions) and Chemical Lime Company—Nelson Lime Plant);
(ii) Chapter 11, except subsection 11.3.1(3) (“Focus on SO2 and NOX pollutants”);
(iii) Appendix D: chapter I, except for the footnotes in tables 1.1, 1.2 and 1.3 to the entries for AEPCO [Apache], and the entry in table 1.2 for Freeport-McMoRan Miami Smelter; chapter VI, section C (regarding PM10 emissions from ASARCO Hayden smelter); chapter XII, section C, and chapter XIII, subsection D; and
(iv) Appendix E.
Arizona State Implementation Plan, Regional Haze Under Section 308 of the Federal Regional Haze Rule (January 2011), excluding:Source-SpecificFebruary 28, 2011July 30, 2013, 78 FR 46142
(i) Chapter 6: table 6.1; chapter 10: sections 10.4, 10.6 (regarding Unit I4 at the Irvington (Sundt) Generating Station), 10.7, and 10.8; chapter 11; chapter 12: sections 12.7.3 (“Emission Limitation and Schedules of Compliance”) and 12.7.6 (“Enforceability of Arizona's Measures”); and chapter 13: section 13.2.3 (“Arizona and Other State Emission Reductions Obligations”);
(ii) Appendix D: chapter I; chapter V (regarding Unit I4 at the Irvington (Sundt) Generating Station); chapter VI, sections C and D; chapter VII; chapter IX; chapter X, section E.1; chapter XI, section D; chapter XII, sections B and C; chapter XIII, sections B, C, and D; and chapter XIV, section D; and
(iii) Appendix E.
Arizona State Implementation Plan, Regional Haze Under Section 308 of the Federal Regional Haze Rule: Appendix D, Arizona BART—Supplemental Information:Source-SpecificFebruary 28, 2011December 5, 2012, 77 FR 72512Certain source-specific Best Available Retrofit Technology (BART) limits at three electric generating stations.
(i) Table 1.1—NOX BART, entry for AEPCO [Apache], ST1 [Unit 1] only.
(ii) Table 1.2—PM10 BART, entries for AEPCO [Apache], APS Cholla Power Plant and SRP Coronado Generating Station.
(iii) Table 1.3—SO2 BART, entries for AEPCO, APS Cholla Power Plant and SRP Coronado Generating Station.
Arizona State Implementation Plan Revision: Regional Haze 5-Year Progress Report, excluding Appendix A-Public ProcessState-wideNovember 12, 2015July 11, 2019, 84 FR 33002
Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2); Implementation of the 2008 Lead National Ambient Air Quality Standards, excluding the appendicesState-wideOctober 14, 2011August 10, 2015, 80 FR 47859Adopted by the Arizona Department of Environmental Quality on October 14, 2011.
SIP Revision: Clean Air Act Section 110(a)(2)(D), 2008 Ozone National Ambient Air Quality Standards (December 3, 2015)State-wideDecember 3, 2015May 19, 2016, 81 FR 31513; correcting amendment on June 6, 2016, 81 FR 31679Adopted by the Arizona Department of Environmental Quality on December 3, 2015.
Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2); 2008 8-hour Ozone NAAQS, excluding the appendicesState-wideDecember 27, 2012August 10, 2015, 80 FR 47859Adopted by the Arizona Department of Environmental Quality on December 27, 2012.
Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2); Implementation of the 2010 NO2 National Ambient Air Quality Standards, excluding the appendicesState-wideJanuary 18, 2013August 21, 2018, 83 FR 42214Adopted by the Arizona Department of Environmental Quality on January 18, 2013.
Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2); Implementation of the 2010 SO2 National Ambient Air Quality Standards, excluding the appendicesState-wideJuly 23, 2013August 21, 2018, 83 FR 42214Adopted by the Arizona Department of Environmental Quality on July 23, 2013.
Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2); Implementation of the 2008 ozone and 2010 NO2 National Ambient Air Quality Standards, excluding:State-wideDecember 3, 2015August 21, 2018, 83 FR 42214Adopted by the Arizona Department of Environmental Quality on December 3, 2015.
(i) The submission in Enclosure 1 titled “SIP Revision: Clean Air Act Section 110(a)(2)(D) 2008 Ozone National Ambient Air Quality Standards Air Quality Division” dated December 3, 2015;
(ii) All appendices in Enclosure 1; and Enclosure 2.
Ordinance No. 1993-128, Section 1, 17.040.190 “Composition” Section 6, 17.24.040 “Reporting for compliance evaluations”Pima CountyDecember 19, 2013August 10, 2015, 80 FR 47859Adopted by the Board of Supervisors of Pima County, Arizona on September 28, 1993.
Ordinance 2005-43, Chapter 17.12, Permits and Permit Revisions, section 2, 17.12.040 “Reporting Requirements”Pima CountyDecember 19, 2013August 10, 2015, 80 FR 47859Adopted by the Board of Supervisors of Pima County, Arizona on April 19, 2005.
Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2): Implementation of 2006 PM2.5 National Ambient Air Quality Standards, 1997 PM2.5 National Ambient Air Quality Standards, and 1997 8-Hour Ozone National Ambient Air Quality Standards, September 2009, excluding the appendicesState-wideOctober 14, 2009November 5, 2012, 77 FR 66398Adopted by the Arizona Department of Environmental Quality on October 14, 2009.
Final Supplement to the Arizona State Implementation Plan under Clean Air Act Section 110(a)(1) and (2): Implementation of 2006 PM2.5 National Ambient Air Quality Standards, 1997 PM2.5 National Ambient Air Quality Standards, and 1997 8-Hour Ozone National Ambient Air Quality Standards, August 2012, excluding the appendicesState-wideAugust 24, 2012November 5, 2012, 77 FR 66398Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
Revision to the Arizona State Implementation Plan Under Clean Air Act Section 110(a)(2)(D)(i)—Regional Transport (May 2007)StatewideMay 24, 2007July 31, 2007, 72 FR 41629Interstate Transport SIP adopted by the Arizona Department of Environmental Quality on May 24, 2007.
Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
SIP Revision: Hayden Lead Nonattainment Area, excluding Appendix CHayden, AZ Lead Nonattainment AreaMarch 3, 2017November 14, 2018, 83 FR 56734Adopted by the Arizona Department of Environmental Quality on March 3, 2017.
Arizona State Implementation Plan Revision: Miami Sulfur Dioxide Nonattainment Area for the 2010 SO2 NAAQS, excluding Appendix DMiami, AZ Sulfur Dioxide Nonattainment AreaMarch 9, 2017March 12, 2019, 84 FR 8813Adopted by the Arizona Department of Environmental Quality on March 8, 2017.
Arizona State Implementation Plan Revision, Maintenance Plan for the Ajo Sulfur Dioxide Area (1971 NAAQS), (February 2013), excluding Appendix C, “Overview of Point Source Emissions Limits and Potential to Emit”Ajo Sulfur Dioxide Air Quality Planning AreaFebruary 22, 2013January 9, 2017, 82 FR 2239Adopted by the Arizona Department of Environmental Quality on February 22, 2013. Fulfills requirements for second ten-year maintenance plans. The SIP includes a request to correct the maintenance area boundary.
Ajo Sulfur Dioxide State Implementation and Maintenance PlanAjo Sulfur Dioxide Air Quality Planning AreaJune 18, 2002November 3, 2003, 68 FR 62239Adopted by the Arizona Department of Environmental Quality on June 18, 2002.
Bullhead City Moderate Area PM10 Maintenance Plan and Request for Redesignation to AttainmentBullhead City PM10 Air Quality Planning AreaFebruary 7, 2002June 26, 2002, 67 FR 43020Adopted by the Arizona Department of Environmental Quality on February 7, 2002.
Douglas Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan, dated November 29, 2001Douglas Sulfur Dioxide Air Quality Planning AreaDecember 14, 2001February 28, 2006, 71 FR 9941Adopted by the Arizona Department of Environmental Quality on December 14, 2001.
Modeling Supplement-Douglas Sulfur Dioxide (SO2) State Implementation and Maintenance PlanDouglas Sulfur Dioxide Air Quality Planning AreaApril 2, 2004February 28, 2006, 71 FR 9941Adopted by the Arizona Department of Environmental Quality on April 2, 2004.
Modeling and Emissions Inventory Supplement for the Douglas Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan and Redesignation Request, dated September 2005Douglas Sulfur Dioxide Air Quality Planning AreaSeptember 16, 2005February 28, 2006, 71 FR 9941Adopted by the Arizona Department of Environmental Quality on September 16, 2005.
Maintenance Plan Renewal, 1971 Sulfur Dioxide National Ambient Air Quality Standards, Douglas Maintenance AreaDouglas Sulfur Dioxide Air Quality Planning AreaDecember 14, 2016June 8, 2018, 83 FR 26596Adopted by the Arizona Department of Environmental Quality on December 14, 2016. Fulfills requirements for second 10-year maintenance plan.
Final Miami Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan (June 2002) (revised May 26, 2004), excluding appendix A (“SIP Support Information”), sections A.1 (“Pertinent Sections of the Arizona Administrative Code”) and A.2 (“Information Regarding Revisions to AAC R18-2-715 and R18-2-715.01, `Standards of Performance for Primary Copper Smelters: Site Specific Requirements; Compliance and Monitoring'”); and appendix D (“SIP Public Hearing Documentation”)Miami Sulfur Dioxide Air Quality Planning AreaJune 26, 2002January 24, 2007, 72 FR 3061Adopted by ADEQ on June 26, 2002. Incorporates replacement pages for the cover page and pages iii, 2, 3, 4 and 49 enclosed with letter from ADEQ dated June 30, 2004. Includes a letter from Stephen A. Owens, Director, Arizona Department of Environmental Quality, dated June 20, 2006, withdrawing a section 107(d)(3)(D) boundary redesignation request included in the Miami Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan and requesting a section 110(k)(6) error correction.
Arizona State Implementation Plan Revision, Maintenance Plan for the Morenci Sulfur Dioxide Area (1971 NAAQS), (December 2014)Morenci Sulfur Dioxide Air Quality Planning AreaDecember 18, 2014January 9, 2017, 82 FR 2239Adopted by the Arizona Department of Environmental Quality on December 18, 2014. Fulfills requirements for second ten-year maintenance plans.
Morenci Sulfur Dioxide Nonattainment Area State Implementation and Maintenance PlanMorenci Sulfur Dioxide Air Quality Planning AreaJune 21, 2002April 26, 2004, 69 FR 22447Adopted by the Arizona Department of Environmental Quality on June 21, 2002.
Final Update of the Limited Maintenance Plan for the Payson PM10 Maintenance Area (December 2011)Payson PM10 Air Quality Planning AreaJanuary 23, 2012March 19, 2014, 79 FR 15227Adopted by the Arizona Department of Environmental Quality on January 23, 2012.
Payson Moderate Area PM10 Maintenance Plan and Request for Redesignation to AttainmentPayson PM10 Air Quality Planning AreaMarch 29, 2002June 26, 2002, 67 FR 43013Adopted by the Arizona Department of Environmental Quality on March 29, 2002.
Arizona State Implementation Plan Revision for the Nogales PM2.5 Nonattainment Area (September 2013), including appendices A and BNogales PM2.5 Nonattainment AreaSeptember 6, 2013February 9, 2015, 80 FR 6907Adopted by the Arizona Department of Environmental Quality on September 6. 2013.
Final 2012 State Implementation Plan Nogales PM10 Nonattainment AreaNogales PM10 Nonattainment AreaAugust 24, 2012September 25, 2012, 77 FR 58962
Final Arizona State Implementation Plan Revision, San Manuel Sulfur Dioxide Nonattainment Area, March 2007San Manuel Sulfur Dioxide Nonattainment AreaJune 7, 2007January 18, 2008, 73 FR 3396
San Manuel Sulfur Dioxide Maintenance Plan Renewal, 1971 Sulfur Dioxide National Ambient Air Quality Standards (April 2017)San Manuel Sulfur Dioxide Air Quality Planning AreaApril 21, 2017December 15, 2017, 82 FR 59520Adopted by the Arizona Department of Environmental Quality on April 21, 2017. Fulfills requirements for second 10-year maintenance plan.
Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
MAG 2014 State Implementation Plan Revision for the Removal of Stage II Vapor Recovery Controls in the Maricopa Eight-Hour Ozone Nonattainment Area (August 2014), excluding appendix A, exhibit 2 (“Arizona Revised Statutes Listed in Table 1-1”)Maricopa Eight-Hour Ozone Nonattainment AreaSeptember 2, 2014November 16, 2015, 80 FR 70689Adopted by the Regional Council of the Maricopa Association of Governments on August 27, 2014.
Final Addendum to the Arizona State Implementation Plan Revision, Exemption of Motorcycles from Vehicle Emissions Inspections and Maintenance Program Requirements in Area A, October 2009 (December 2010)Area A—i.e., Phoenix metropolitan areaJanuary 11, 2011May 22, 2013, 78 FR 30209Adopted by the Arizona Department of Environmental Quality on January 11, 2011.
Final Arizona State Implementation Plan Revision, Exemption of Motorcycles from Vehicle Emissions Inspections and Maintenance Program Requirements in Area A (October 2009), excluding appendices A and CArea A—i.e., Phoenix metropolitan areaNovember 6, 2009May 22, 2013, 78 FR 30209Adopted by the Arizona Department of Environmental Quality on November 6, 2009.
September 2006 Supplement to Final Arizona State Implementation Plan Revision, Basic and Enhanced Vehicle Emissions Inspection/Maintenance Programs, December 2005, excluding appendicesAreas A and B—i.e., Phoenix and Tucson metropolitan areasOctober 3, 2006March 30, 2007, 72 FR 15046Adopted by the Arizona Department of Environmental Quality on October 3, 2006.
Final Arizona State Implementation Plan Revision, Basic and Enhanced Vehicle Emissions Inspection/Maintenance Programs (December 2005), excluding appendicesAreas A and B—i.e., Phoenix and Tucson metropolitan areasDecember 23, 2005March 30, 2007, 72 FR 15046Adopted by the Arizona Department of Environmental Quality on December 23, 2005.
MAG 2013 Carbon Monoxide Maintenance Plan for the Maricopa County Area, March 2013Maricopa County Carbon Monoxide Air Quality Planning AreaApril 2, 2013March 3, 2016, 81 FR 11120Adopted by the Arizona Department of Environmental Quality on April 2, 2013.
MAG Carbon Monoxide Redesignation Request and Maintenance Plan for the Maricopa County Nonattainment Area and Appendices, dated May 2003Maricopa County Carbon Monoxide Air Quality Planning AreaJune 16, 2003March 9, 2005, 70 FR 11553Adopted by the Arizona Department of Environmental Quality on June 16, 2003.
Revised MAG 1999 Serious Area Carbon Monoxide Plan for the Maricopa County Nonattainment Area, dated March 2001Maricopa County Carbon Monoxide Air Quality Planning AreaApril 18, 2001March 9, 2005, 70 FR 11553Adopted by the Maricopa Association of Governments on March 28, 2001 and by the Arizona Department of Environmental Quality on April 18, 2001. March 9, 2005 final rule was corrected at September 6, 2005, 70 FR 52928.
Addendum to MAG 1987 Carbon Monoxide Plan for the Maricopa County Nonattainment Area, July 21, 1988Maricopa CountyJuly 22, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Supplemental information related to the SIP revision of July 18, 1988. Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA. Control and committal measures were restored on January 29, 1991, 56 FR 3219. EPA disapproved the attainment demonstration, conformity and contingency portions of the 1988 Addendum at 40 CFR 52.124(a)(1). See 56 FR 5458 (February 11, 1991).
Maricopa Association of Governments (MAG) 1987 Carbon Monoxide (CO) Plan for the Maricopa County Area, MAG CO Plan Commitments for Implementation, and Appendix A through E, Exhibit 4, Exhibit DMaricopa County Carbon Monoxide Air Quality Planning AreaOctober 5, 1987August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Adopted on July 10, 1987. Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA. Control and committal measures were restored on January 29, 1991, 56 FR 3219. EPA disapproved the attainment demonstration, conformity and contingency portions of the 1987 MAG CO Plan at 40 CFR 52.124(a)(1). See 56 FR 5458 (February 11, 1991).
MAG 2014 Eight-Hour Ozone Plan—Submittal of Marginal Area Requirements for the Maricopa Nonattainment Area (June 2014), excluding:Phoenix-Mesa 2008 8-hour ozone nonattainment areaJuly 2, 2014October 16, 2015, 80 FR 62457
(i) Sections titled “A Nonattainment Area Preconstruction Permit 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
MAG Eight-Hour Ozone Redesignation Request and Maintenance Plan for the Maricopa Nonattainment Area (February 2009), excluding the appendicesPhoenix-Mesa 1997 8-hour ozone maintenance areaMarch 23, 2009September 17, 2014, 79 FR 55645Adopted by the Arizona Department of Environmental Quality on March 23, 2009.
Letter dated June 13, 2007 from Stephen A. Owens, Director, ADEQ to Wayne Nastri, Regional Administrator, United States Environmental Protection Agency, Region IXPhoenix-Mesa 1997 8-hour ozone nonattainment areaJune 13, 2007June 13, 2012, 77 FR 35285Transmittal letter for Eight-Hour Ozone Plan for the Maricopa Nonattainment Area (June 2007).
Eight-Hour Ozone Plan for the Maricopa Nonattainment Area (June 2007), including Appendices, Volumes One and TwoPhoenix-Mesa 1997 8-hour ozone nonattainment areaJune 13, 2007June 13, 2012, 77 FR 35285
One-Hour Ozone Redesignation Request and Maintenance Plan for the Maricopa County Nonattainment Area, dated March 2004Maricopa County 1-Hour Ozone Air Quality Planning AreaApril 21, 2004June 14, 2005, 70 FR 34362Adopted by the Maricopa Association of Governments Regional Council on March 26, 2004 and adopted by the Arizona Department of Environmental Quality on April 21, 2004.
Final Serious Area Ozone State Implementation Plan for Maricopa County, dated December 2000Maricopa County 1-Hour Ozone Air Quality Planning AreaDecember 14, 2000June 14, 2005, 70 FR 34362Adopted by the Arizona Department of Environmental Quality on December 14, 2000.
Letter and enclosures regarding Arizona's Intent to “Opt-out” of the Clean Fuel Fleet ProgramMaricopa County 1-Hour Ozone Air Quality Planning AreaDecember 7, 1998June 14, 2005, 70 FR 34362Adopted by the Arizona Department of Environmental Quality on December 7, 1998.
2012 Five Percent Plan for PM-10 for the Maricopa County Nonattainment Area, and Appendices Volume One and Volume TwoMaricopa County PM-10 Nonattainment AreaMay 25, 2012June 10, 2014, 79 FR 33107Adopted May 23, 2012.
2012 Five Percent Plan for PM-10 for the Pinal County Township 1 North, Range 8 East Nonattainment AreaPinal County Township 1 North, Range 8 East Nonattainment AreaMay 25, 2012June 10, 2014, 79 FR 33107Adopted May 25, 2012.
Nonattainment Area Plan for Total Suspended Particulates, Maricopa County Urban Planning AreaMaricopa County Urban Planning AreaNovember 8, 1979May 5, 1982, 47 FR 19326
Revision to the Nonattainment Area Plan for Carbon Monoxide and Photochemical Oxidants, Maricopa County Urban Planning AreaMaricopa County Urban Planning AreaJuly 3, 1979May 5, 1982, 47 FR 19326
Nonattainment Area Plan for Carbon Monoxide and Photochemical Oxidants, Maricopa County Urban Planning AreaMaricopa County Urban Planning AreaFebruary 23, 1979May 5, 1982, 47 FR 19326
Letter supplementing the revised transportation control planPhoenix-Tucson Intrastate Air quality Control RegionOctober 2, 1973December 3, 1973, 38 FR 33368
Letter supplementing the revised transportation control planPhoenix-Tucson Intrastate Air quality Control RegionSeptember 21, 1973December 3, 1973, 38 FR 33368
Revised transportation control planPhoenix-Tucson Intrastate Air quality Control RegionSeptember 11, 1973December 3, 1973, 38 FR 33368EPA approved various transportation control strategies, including certain elements of an inspection program, but disapproved other elements, and approved certain strategies with exception.
2008 Revision to the Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (for 2010), excluding appendix DTucson Air Planning AreaJuly 10, 2008December 21, 2009, 74 FR 67819Adopted by the Pima Association of Governments on June 26, 2008.
Appendix D (Revised)—Supplement to the Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (for 2010)Tucson Air Planning AreaJune 22, 2009December 21, 2009, 74 FR 67819Letter from Arizona Department of Environmental Quality re: Vehicle Emissions Inspection Program (VEIP), Revised to include supporting documents authorizing the VEIP from 2009 to 2017. Adopted by the Pima Association of Governments on May 28, 2009.
1996 Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (as updated August, 1997)Tucson Air Planning AreaOctober 6, 1997June 8, 2000, 65 FR 36353; corrected March 18, 2004, 69 FR 12802Approval includes base year (1994) emissions inventory; contingency plan, including commitments to follow maintenance plan contingency procedures by the Pima Association of Governments and by the member jurisdictions: the town of Oro Valley, Arizona (Resolution No. (R) 96-38, adopted June 5, 1996), the City of South Tucson (Resolution No. 96-16, adopted on June 10, 1996), Pima County (Resolution and Order No. 1996-120, adopted June 18, 1996), the City of Tucson (Resolution No. 17319, adopted June 24, 1996), and the town of Marana, Arizona (Resolution No. 96-55, adopted June 18, 1996).
Commitment in the July 22, 1988 submittal letter to apply the oxygenated fuels program of the July 18, 1988 submittal to Pima CountyPima CountyJuly 22, 1988January 29, 1991, 56 FR 3219
1987 Carbon Monoxide State Implementation Plan Revision for the Tucson Air Planning AreaTucson Air Planning AreaJanuary 6, 1988August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Adopted on October 21, 1987. Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA. Control and committal measures were restored on January 29, 1991, 56 FR 3219.
Improvement Schedules for Transit System and Rideshare Program in Metropolitan Pima CountyMetropolitan Pima CountyMarch 8, 1982July 7, 1982, 47 FR 29532Adopted on October 21, 1987.
Metropolitan Pima County Nonattainment Area Plan for TSPMetropolitan Pima CountyMarch 27, 1979July 7, 1982, 47 FR 29532
Metropolitan Pima County Nonattainment Area Plan for COMetropolitan Pima CountyMarch 20, 1979July 7, 1982, 47 FR 29532
Intergovernmental Agreement (IGA) between Pima County, City of Tucson, City of South Tucson, Town of Oro Valley and Town of Marana, April 18, 1988Pima CountyMay 26, 1988January 29, 1991Related to motor vehicle trip reduction.

1Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.

†Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir. 1990). Restored on January 29, 1991, 56 FR 3219.

Table 2—EPA-Approved Resolutions Adopted by Jurisdictions in Maricopa and Pinal Counties To Implement Measures in PM-10 and Carbon Monoxide State Implementation Plans

Name of SIP provisionApplicable geographic or nonattainment areaState submittal dateEPA approval dateExplanation
Resolution to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Arizona Department of Transportation Plan to Reduce Reentrained Dust Emissions from Targeted Paved Roads)Maricopa CountyOctober 7, 2005August 21, 2007, 72 FR 46564Adopted by the Arizona Department of Transportation on September 17, 2004.
Resolution to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8 pages)Maricopa CountyFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Arizona Department of Transportation on July 17, 1998.
Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 24 pages plus index page)Maricopa CountyFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Arizona Department of Transportation on June 20, 1997.
Resolution No. C-85-05-005-0-00: Resolution to Implement Additional Measures for the Maricopa County, Arizona Serious PM-10 Nonattainment Area (including Exhibit A)Maricopa CountyOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on January 19, 2005.
Resolution to Adopt the Revised MAG 1999 Serious Area Particulate Plan for PM-10 for the Maricopa County Nonattainment Area (including Exhibit A, 2 pages)Maricopa CountyFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Maricopa Association of Governments on February 14, 2000.
Resolution #9701: Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 23 pages)Maricopa CountyFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Regional Public Transportation Authority on June 12, 1997.
Resolution to Update Control Measure 6 in the Revised MAG 1999 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 2 pages)Maricopa CountyJanuary 8, 2002July 25, 2002, 67 FR 48718Adopted by Maricopa County on December 19, 2001.
Resolution to Implement Measures in the MAG 1999 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 10 pages)Maricopa CountyFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by Maricopa County on December 15, 1999.
Resolution to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 10 pages)Maricopa CountyFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by Maricopa County on February 17, 1999.
Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 9 pages)Maricopa CountyFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by Maricopa County on November 19, 1997.
Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 16 pages)Maricopa CountyFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by Maricopa County on June 25, 1997. Transcription error “1A998” in the original.
Resolution To Improve the Administration of Maricopa County's Fugitive Dust Program and to Foster Interagency CooperationMaricopa CountyMay 7, 1997August 4, 1997, 62 FR 41856Adopted by Maricopa County on May 14, 1997.
Resolution No. 04-24: A Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A)City of Apache JunctionOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on September 21, 2004.
Resolution No. 2448-04: A Resolution of the Council of the City of Avondale, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A)City of AvondaleOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on September 20, 2004.
Resolution No. 1949-99; A Resolution of the Council of the City of Avondale, Maricopa County, Arizona, Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 7 pages)City of AvondaleFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Avondale on February 16, 1999.
Resolution No. 1711-97; A Resolution of the City Council of the City of Avondale, Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 14 pages)City of AvondaleFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Avondale on September 15, 1997.
Resolution No. 58-04: A Resolution of the Mayor and Town Council of the Town of Buckeye, Arizona, Implementing Measures to Reduce Reentrained Dust Emission from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A)Town of BuckeyeOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on November 16, 2004.
Resolution No. 15-97; A Resolution of the Town Council of the Town of Buckeye, Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 5 pages)Town of BuckeyeFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Buckeye on October 7, 1997.
Town of Carefree Resolution No. 98-24; A Resolution of the Mayor and Common Council of the Town of Carefree, Arizona, To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 4 pages)Town of CarefreeFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Carefree on September 1, 1998.
Town of Carefree Resolution No. 97-16; A Resolution of the Mayor and Common Council of the Town of Carefree, Arizona, To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 3 pages)Town of CarefreeFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Carefree on September 2, 1997.
Resolution R98-14; A Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 1 page)Town of Cave CreekFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Cave Creek on December 8, 1998.
Resolution R97-28; A Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages)Town of Cave CreekFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Cave Creek on September 2, 1997.
Resolution No. 3782: Resolution to Implement Measures to Reduce Re-entrained Dust Emissions from Identified Paved Roads in Chandler As Part of the Revised PM-10 State Implementation Plan for Air Quality (including Exhibit A and Exhibit B)City of ChandlerOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on October 14, 2004.
Resolution No. 2929; A Resolution of the City Council of the City of Chandler, Arizona, To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 9 pages)City of ChandlerFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Chandler on October 8, 1998.
Resolution No. 2672; A Resolution of the City Council of the City of Chandler, Arizona To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 16 pages)City of ChandlerFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Chandler on August 14, 1997.
A Resolution of the City Council of the City of Chandler, Arizona, Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust PollutionCity of ChandlerMay 7, 1997August 4, 1997, 62 FR 41856Adopted by the City of Chandler on March 27, 1997.
Resolution No. R04-10-54: A Resolution of the Mayor and City Council of the City of El Mirage, Maricopa County, Arizona, Implementing Measures to Reduce Re-entrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A)City of El MirageOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on October 28, 2004.
Resolution No. R98-08-22; A Resolution of the Mayor and Common Council of the City of El Mirage, Arizona, Amending Resolution No. R98-02-04 To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 5 pages)City of El MirageFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of El Mirage on August 27, 1998.
Resolution No. R98-02-04; A Resolution To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 5 pages)City of El MirageFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of El Mirage on February 12, 1998.
Resolution No. R97-08-20; Resolution To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 8 pages)City of El MirageFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of El Mirage on August 28, 1997.
Resolution No. 2004-63: A Resolution of the Mayor and Council of the Town of Fountain Hills, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Protocol to Reduce Reentrained Dust Emissions from Targeted Paved Roads)Town of Fountain HillsOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on November 18, 2004.
Resolution No. 1998-49; Resolution To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted on October 1, 1998Town of Fountain HillsFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Fountain Hills on October 1, 1998. Incorporated materials are pages 4 to 10 of the 11-page resolution package; pages 1 and 2 are cover sheets with no substantive content and page 11 is a summary of measures previously adopted by the Town of Fountain Hills.
Resolution No. 1997-49; A Resolution of the Common Council of the Town of Fountain Hills, Arizona, Adopting the MAG 1997 Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area and Committing to Certain Implementation Programs (including Exhibit B, 5 pages and cover)Town of Fountain HillsFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Fountain Hills on October 2, 1997.
Resolution No. 2575: A Resolution of the Common Council of the Town of Gilbert, Arizona to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Town of Gilbert Protocol for Reducing PM-10 Emissions from “High Dust” Paved Roads)Town of GilbertOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on March 29, 2005.
Resolution No. 1939: A Resolution of the Common Council of the Town of Gilbert, Arizona, Expressing its Commitment to Implement Measures in the Maricopa Association of Governments (MAG) 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Attachment A, 5 pages)Town of GilbertFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Gilbert on July 21, 1998. Attachment A is referred to as Exhibit A in the text of the Resolution.
Resolution No. 1864; A Resolution of the Common Council of the Town of Gilbert, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Attachment A, 5 pages)Town of GilbertFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Gilbert on November 25, 1997. Attachment A is referred to as Exhibit A in the text of the Resolution.
Resolution No. 1817; A Resolution of the Common Council of the Town of Gilbert, Maricopa County, Arizona, Authorizing the Implementation of the MAG 1997 Serious Area Particulate Plan for PM-10 and the MAG Serious Area Carbon Monoxide Plan for the Maricopa County Area (including 15 pages of attached material)Town of GilbertFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Gilbert on June 10, 1997.
A Resolution of the Mayor and the Common Council of the Town of Gilbert, Maricopa County, Arizona, Providing for the Town's Intent to Work Cooperatively with Maricopa County, Arizona, to Control the Generation of Fugitive Dust PollutionTown of GilbertMay 7, 1997August 4, 1997, 62 FR 41856Adopted by the Town of Gilbert on April 15, 1997.
Resolution No. 3796 New Series: A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Glendale Targeted Street Sweeping Protocol to Reduce Dust Emissions)City of GlendaleOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on September 14, 2004.
Resolution No. 3225 New Series; A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 9 pages)City of GlendaleFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Glendale on July 28, 1998.
Resolution No. 3161 New Series; A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 6 pages)City of GlendaleFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Glendale on October 28, 1997.
Resolution No. 3123 New Series; A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 20 pages)City of GlendaleFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Glendale on June 10, 1997.
A Resolution of the Council of the City of Chandler, Maricopa County, Arizona, Stating Its Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust PollutionCity of GlendaleMay 7, 1997August 4, 1997, 62 FR 41856Adopted by the City of Glendale on March 25, 1997.
Resolution No. 04-941: A Resolution of the Mayor and Council of the City of Goodyear, Maricopa County, Arizona, to Authorize the City Manager to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Protocol for Reducing Reentrained Dust Emissions from Targeted Paved Roads)City of GoodyearOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on October 25, 2004.
Resolution No. 98-645; A Resolution of the Council of the City of Goodyear, Maricopa County, Arizona, Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Attachment III, 7 pages)City of GoodyearFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Goodyear on July 27, 1998.
Resolution No. 97-604 Carbon Monoxide Plan; A Resolution of the Council of the City of Goodyear, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 21 pages)City of GoodyearFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Goodyear on September 9, 1997. Adoption year not given on the resolution but is understood to be 1997 based on resolution number.
Resolution No. 8344: A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, Stating the City's Intent to Implement Measures to Reduce Particulate Pollution (including Exhibit A)City of MesaOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on October 4, 2004.
Resolution No. 7360; A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8 pages)City of MesaFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Mesa on May 3, 1999.
Resolution No. 7123; A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 10 pages)City of MesaFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Mesa on December 1, 1997.
Resolution No. 7061; A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 13 pages plus index page)City of MesaFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Mesa on June 23, 1997.
A Resolution of the Mesa City Council Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Particulate Air Pollution and Directing City Staff to Develop a Particulate Pollution Control Ordinance Supported by Adequate Staffing Levels to Address Air QualityCity of MesaMay 7, 1997August 4, 1997, 62 FR 41856Adopted by the City of Mesa on April 23, 1997.
Resolution Number 1084: Resolution to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A)Town of Paradise ValleyOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on September 23, 2004.
Resolution Number 945; A Resolution of the Mayor and Town Council of the Town of Paradise Valley, Arizona, to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 5 pages)Town of Paradise ValleyFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Paradise Valley on July 23, 1998.
Resolution Number 913; A Resolution of the Town of Paradise Valley, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 9 pages)Town of Paradise ValleyFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Paradise Valley on October 9, 1997.
Resolution No. 04-235: A Resolution of the Mayor and City Council of the City of Peoria, Maricopa County, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and City of Peoria Targeted Paved Roadways Dust Control Protocol, September 24, 2004)City of PeoriaOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on October 5, 2004.
Resolution No. 98-107; A Resolution of the Mayor and Council of the City of Peoria, Arizona, to Approve and Authorize the Acceptance to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 7 pages)City of PeoriaFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Peoria on July 21, 1998.
Resolution No. 97-113; A Resolution of the Mayor and Council of the City of Peoria, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area and Directing the Recording of This Resolution with the Maricopa County Recorder and Declaring an Emergency (including Exhibit A, 8 pages plus index page)City of PeoriaFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Peoria on October 21, 1997.
Resolution No. 97-37; A Resolution of the Mayor and Council of the City of Peoria, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibits A, 5 pages, and B, 19 pages)City of PeoriaFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Peoria on June 17, 1997.
Resolution No. 20114: A Resolution Stating the City's Intent to Implement Measures to Reduce Air Pollution (including Exhibit A, City of Phoenix 2004 Protocol and Implementation Plan for Paved Streets with Potential for Dust Emissions, and Attachment A)City of PhoenixOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on June 16, 2004.
Resolution No. 19141; A Resolution Stating the City's Intent to Implement Measures to Reduce Particulate Air Pollution (including Exhibit A, 10 pages)City of PhoenixFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Phoenix on September 9, 1998.
Resolution No. 19006; A Resolution Stating the City's Intent to Implement Measures to Reduce Air Pollution (including Exhibit A, 13 pages)City of PhoenixFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Phoenix on November 19, 1997.
Resolution No. 18949; A Resolution Stating the City's Intent to Implement Measures to Reduce Air Pollution (including Exhibit A, 19 pages)City of PhoenixFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Phoenix on July 2, 1997.
Resolution 1889A Resolution of the Phoenix City Council Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust PollutionCity of PhoenixMay 7, 1997August 4, 1997, 62 FR 41856Adopted by the City of Phoenix on April 9, 1997.
Resolution 175-98; A Resolution of the Town Council of the Town of Queen Creek, Maricopa County, Arizona to Implement Measures in the MAG 1998 Serious Area Particulate Plan for the Maricopa County Area (including Exhibit A, 9 pages)Town of Queen CreekFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Queen Creek on September 16, 1998.
Resolution 145-97; A Resolution of the Town Council of the Town of Queen Creek, Maricopa County, Arizona to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 1 page)Town of Queen CreekFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Queen Creek on November 5, 1997.
Resolution 129-97; A Resolution of the Town Council of the Town of Queen Creek, Maricopa County, Arizona to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 3 pages)Town of Queen CreekFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Queen Creek on June 4, 1997.
Resolution No. 6588: A Resolution of the Council of the City of Scottsdale, Maricopa County Arizona, Authorizing Implementation of Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Attachment #1—Protocol to Reduce Reentrained Dust Emissions from Targeted Paved Roads)City of ScottsdaleOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on December 6, 2004.
Resolution No. 5100; A Resolution of the City of Scottsdale, Maricopa County, Arizona, To Strengthen Particulate Dust Control and Air Pollution Measures in the Maricopa County Area (including Exhibit A, 10 pages)City of ScottsdaleFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Scottsdale on December 1, 1998.
Resolution No. 4942; Resolution of the Scottsdale City Council To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 13 pages)City of ScottsdaleFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Scottsdale on December 1, 1997.
Resolution No. 4864; A Resolution of the City of Scottsdale, Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area: Stating the Council's Intent to Implement Certain Control Measures Contained in that Plan (including Exhibit A, 21 pages)City of ScottsdaleFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Scottsdale on August 4, 1997.
A Resolution of the Scottsdale City Council Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust PollutionCity of ScottsdaleMay 7, 1997August 4, 1997, 62 FR 41856Adopted by the City of Scottsdale on March 31, 1997.
Resolution No. 04-163: A Resolution of the Mayor and Council of the City of Surprise, Arizona, to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Protocol)City of SurpriseOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on September 23, 2004.
Resolution No. 98-51; A Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 6 pages)City of SurpriseFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Surprise on September 10, 1998.
Resolution No. 97-67; A Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 3 pages)City of SurpriseFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Surprise on October 23, 1997.
Resolution No. 97-29; A Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages)City of SurpriseFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Surprise on June 12, 1997.
Resolution No. 2004.84: A Resolution of the Mayor and City Council of the City of Tempe, Arizona, to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Protocol for Reducing Reentrained Dust Emissions from Targeted Paved Roads, September 30, 2004)City of TempeOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on September 30, 2004.
Resolution No. 98.42, Resolution of the Council of the City of Tempe Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8 pages)City of TempeFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Tempe on September 10, 1998.
Resolution No. 97.71, Resolution of the Council of the City of Tempe Stating Its Intent to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 6 pages)City of TempeFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Tempe on November 13, 1997.
Resolution No. 97.39; Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 18 pages)City of TempeFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Tempe on June 12, 1997.
A Resolution of the Council of the City of Tempe, Arizona, Stating Its Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust PollutionCity of TempeMay 7, 1997August 4, 1997, 62 FR 41856Adopted by the City of Tempe on March 27, 1997.
Resolution No. 947: A Resolution of the Mayor and City Council of the City of Tolleson, Maricopa County, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on September 28, 2004City of TollesonOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on September 28, 2004.
Resolution No. 808, A Resolution of the Mayor and City Council of the City of Tolleson, Maricopa County, Arizona, Implementing Measures in the Maricopa Association of Governments (MAG) 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A)City of TollesonFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Tolleson on July 28, 1998.
Resolution No. 788, A Resolution of the Mayor and City Council of the City of Tolleson, Maricopa County, Arizona, Implementing Measures in the Maricopa Association of Governments (MAG) 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 12 pages)City of TollesonFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the City of Tolleson on June 10, 1997.
Resolution No. 1308, Resolution To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages)Town of WickenburgFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Wickenburg on August 18, 1997.
Resolution No. 05-01: Resolution to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A)Town of YoungtownOctober 7, 2005August 21, 2007, 72 FR 46564Adopted on January 20, 2005.
Resolution No. 98-15: Resolution To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8 pages)Town of YoungtownFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Youngtown on August 20, 1998.
Resolution No 98-05: Resolution Stating Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution (including Exhibit A, 2 pages)Town of YoungtownFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Youngtown on February 19, 1998.
Resolution No. 97-15, Resolution To Implement Measures in the MAG 1997 Serious Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages)Town of YoungtownFebruary 16, 2000July 25, 2002, 67 FR 48718Adopted by the Town of Youngtown on September 18, 1997.

Table 3—EPA-Approved Arizona Statutes—Non-Regulatory

State citationTitle/subjectState submittal dateEPA approval dateExplanation
ARIZONA REVISED STATUTES
Title 15 (Education)
Chapter 12 (Community Colleges)
Article 3 (Community College District Boards)
15-1444Powers and dutiesMarch 23, 1988August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Subsection C only. Senate Bill 1360, section 6.†
Chapter 13 (Universities and Related Institutions)
Article 2 (Arizona Board of Regents)
15-1627Control of vehicles and nonpedestrian devices on property of institutions under jurisdiction of board; sanctions; compliance with emissions inspection; definitionJuly 18, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219House Bill 2206, section 2.†
Title 28 (Transportation)
Chapter 2 (Administration)
Article 6 (Unblended Gasoline Shortages)1
28-2701DefinitionsJuly 18, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219House Bill 2206, section 6.† Delayed effective date per section 29 of HB 2206.
28-2702Department Survey of Availability of Unblended GasolineJuly 18, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219House Bill 2206, section 6.† Delayed effective date per section 29 of HB 2206.
28-2703Determination of Shortage: DeclarationJuly 18, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219House Bill 2206, section 6.† Delayed effective date per section 29 of HB 2206.
28-2704State Set-aside VolumeJuly 18, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219House Bill 2206, section 6.† Delayed effective date per section 29 of HB 2206.
28-2705Assignment of Set-asideJuly 18, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219House Bill 2206, section 6.† Delayed effective date per section 29 of HB 2206.
28-2706PriceJuly 18, 1988January 29, 1991, 56 FR 3219House Bill 2206, section 6. Delayed effective date per section 29 of HB 2206.
28-2707ApplicationJuly 18, 1988January 29, 1991, 56 FR 3219House Bill 2206, section 6. Delayed effective date per section 29 of HB 2206.
28-2708AppealsJuly 18, 1988January 29, 1991, 56 FR 3219House Bill 2206, section 6. Delayed effective date per section 29 of HB 2206.
Chapter 7 (Certification of Title and Registration)
Article 5 (Registration Requirements Generally)
28-2153Registration requirement; exceptions; assessment; violation; classificationAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
Title 35 (Public Finances)
Chapter 2 (Handling of Public Funds)
Article 2 (State Management of Public Monies)
35-313Investment of trust and treasury monies; loan of securitiesAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
Title 36 (Public Health and Safety)
Chapter 6
Article 8 (Air Pollution)
36-772Department of Health Services; StudiesJuly 13, 1981June 18, 1982, 47 FR 26382
36-775Powers and DutiesJuly 13, 1981June 18, 1982, 47 FR 26382
36-779.01Permits; Exceptions; Applications; FeesJuly 13, 1981June 18, 1982, 47 FR 26382
36-779.02Grant or Denial of ApplicationsJuly 13, 1981June 18, 1982, 47 FR 26382
36-779.04Permit NontransferableJuly 13, 1981June 18, 1982, 47 FR 26382
36-779.05Expiration of PermitJuly 13, 1981June 18, 1982, 47 FR 26382
36-779.06Posting of PermitJuly 13, 1981June 18, 1982, 47 FR 26382
36-779.07Notice by Building Permit AgenciesJuly 13, 1981June 18, 1982, 47 FR 26382
36-780Classification and Reporting: Production of Records; Confidentiality of Records; Violation; PenaltyJuly 13, 1981June 18, 1982, 47 FR 26382
36-789Unlawful Open Burning; Exceptions; Violation; PenaltyJuly 13, 1981June 18, 1982, 47 FR 26382
36-789.02DefensesJuly 13, 1981June 18, 1982, 47 FR 26382
36-790LimitationsJuly 13, 1981June 18, 1982, 47 FR 26382
36-791Preservation of RightsJuly 13, 1981June 18, 1982, 47 FR 26382
Chapter 14 (Air Pollution)
Article 1 (State Air Pollution Control)
36-1704Hearing BoardJuly 13, 1981June 18, 1982, 47 FR 26382
36-1707.02Grant or Denial of ApplicationJuly 13, 1981June 18, 1982, 47 FR 26382
36-1707.03Appeals to Hearing BoardJuly 13, 1981June 18, 1982, 47 FR 26382
36-1707.04Permit Nontransferable; ExceptionJuly 13, 1981June 18, 1982, 47 FR 26382
36-1707.05Posting of PermitJuly 13, 1981June 18, 1982, 47 FR 26382
36-1707.06Notice by Building Permit AgenciesJuly 13, 1981June 18, 1982, 47 FR 26382
36-1708Classification and Reporting; Production of Records: Confidentiality of Records; Violation; PenaltyJuly 13, 1981June 18, 1982, 47 FR 26382
36-1717Motor Vehicle and Combustion Engine Emissions; StandardsAugust 5, 1981June 18, 1982, 47 FR 26382
36-1718LimitationsAugust 5, 1981June 18, 1982, 47 FR 26382
36-1718.01Preservation of RightsAugust 5, 1981June 18, 1982, 47 FR 26382
36-1720Violation; Classification; Agreement ProvisionsAugust 5, 1981June 18, 1982, 47 FR 26382
36-1720.01DefensesJuly 13, 1981June 18, 1982, 47 FR 26382
Title 38 (Public Officers and Employees)
Chapter 1 (General Provisions)
Article 1 (Definitions)
38-101DefinitionsAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
Article 8 (Conflict of Interest of Officers and Employees)
38-501Application of articleAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
38-502DefinitionsAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
38-503Conflict of interest; exemptions; employment prohibitionAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
38-504Prohibited actsAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
38-505Additional income prohibited for servicesAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
38-506RemediesAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
38-507Opinions of the attorney general, county attorneys, city or town attorneys and house and senate ethics committeeAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
38-508Authority of public officers and employees to actAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
38-509Filing of disclosuresAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
38-510PenaltiesAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
38-511Cancellation of political subdivision and state contracts; definitionAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
Title 41 (State Government)
Chapter 1 (Executive Officers)
Article 1 (The Governor)
41-101.03State Employee Ride Sharing Program; Designated State Agency; FundJuly 18, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219House Bill 2206, section 7.
Chapter 4 (Department of Administration and Personnel Board)
Article 7 (Management of State Properties)
41-796.01Adjusted work hoursSeptember 1, 1999June 8, 2000, 65 FR 36353House Bill 2189, section 3.
Chapter 15 (Department of Weights and Measures)
Article 2 (State Administration of Weights and Measures)
41-2065Powers and DutiesJune 11, 1991March 9, 1992, 57 FR 8268House Bill 2181, section 1.
41-2066Enforcement powers of the director and inspectorsJuly 18, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219House Bill 2206, section 10.>†
41-2066(A)(2)Enforcement powers of the director and inspectorsJanuary 22, 2004March 4, 2004, 69 FR 10161Included in submittal entitled “Supplement to Cleaner Burning Gasoline Program State Implementation Plan Revision.”
Title 49 (The Environment)
Chapter 1 (General Provisions)
Article 1 (Department of Environmental Quality)
49-103Department employees; legal counselAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-104, subsections (A)(2), (A)(4), (B)(3), and (B)(5) onlyPowers and duties of the department and directorAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-104 subsections (A)(3) and (B)(1) onlyPowers and duties of the department and directorDecember 3, 2015August 21, 2018, 83 FR 42214Arizona Revised Statutes (Thomson Reuters, 2015-16 Cumulative Pocket Part). Adopted by the Arizona Department of Environmental Quality on December 3, 2015.
49-106Statewide application of rulesAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
Chapter 3 (Air Quality)
Article 1 (General Provisions)
49-402State and county controlOctober 29, 2012, and supplemented on September 6, 2013September 23, 2014, 79 FR 56655West's Arizona Revised Statutes, 2012-2013 Compact Edition.
49-403Air Quality Compliance Advisory CommitteeJuly 18, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219House Bill 2206, section 15.†
49-404State implementation planSeptember 1, 1999June 8, 2000, 65 FR 36353House Bill 2189, section 42.
49-404Department of transportation pilot project on oxygenated fuels, compressed natural gas and liquid propane gas; reportsJuly 18, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219House Bill 2206, section 15.†
49-405Attainment area designationsAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-405Oxygenated Fuel Fleet Studies Reporting RequirementsJuly 18, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219House Bill 2206, section 15.>†
49-406Nonattainment area planAugust 11, 1998June 8, 2000, 65 FR 36353Senate Bill 1427, section 15.
49-406Clean burning reporting requirements; definitionsJuly 18, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219House Bill 2206, section 15.†
Article 2 (State Air Pollution Control)
49-421DefinitionsAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-422Powers and dutiesAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-424Duties of DepartmentApril 18, 2014May 1, 2017, 82 FR 20267Submitted on December 21, 2015.
49-425Rules; hearingAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-426, excluding paragraphs D, E.1, F, I, J, and MPermits; duties of director; exceptions; applications; objections; feesJuly 28, 2011, and supplemented on May 16, 2014September 23, 2014, 79 FR 56655West's Arizona Revised Statutes, 2012-2013 Compact Edition.
49-433Special inspection warrantAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-435Hearings on orders of abatementAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-441Suspension and revocation of conditional orderAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-455, subsections (A) and (B)(2) onlyPermit administration fundAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-460Violations; production of recordsAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-461Violations; order of abatementAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-462Violations; injunctive reliefAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-463Violations; civil penaltiesAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-465Air pollution emergencyAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
Article 3 (County Air Pollution Control)
49-471DefinitionsAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-473Board of supervisorsAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-474County control boardsAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-476.01MonitoringAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-478Hearing boardAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-479Rules; hearingAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-480.02Appeals of permit actionsAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-482Appeals to hearing boardAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-488Special inspection warrantAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-490Hearings on orders of abatementAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-495Suspension and revocation of conditional orderAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-502Violation; classificationAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-510Violations; production of recordsAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-511Violations; order of abatementAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-512Violations; injunctive reliefAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.
49-513Violations; civil penaltiesAugust 24, 2012November 5, 2012, 77 FR 66398Arizona Revised Statutes (West's, 2011-2012 Compact Edition). Adopted by the Arizona Department of Environmental Quality on August 24, 2012.

†Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir. 1990). Restored on January 29, 1991, 56 FR 3219.

1Approved as Chapter 22 (Unblended Gasoline Shortages), Article 1 (General Provisions).

[81 FR 85040, Nov. 23, 2016, as amended at 82 FR 2246, Jan. 9, 2017; 82 FR 15152, Mar. 27, 2017; 82 FR 20268, May 1, 2017; 82 FR 46914, Oct. 10, 2017; 82 FR 59522, Dec. 15, 2017; 83 FR 7615, Feb. 22, 2018; 83 FR 19635, May 4, 2018; 83 FR 26597, June 8, 2018; 83 FR 42218, Aug. 21, 2018; 83 FR 56736, 56738, Nov. 14, 2018; 84 FR 8819, Mar. 12, 2019; 84 FR 13548, Apr. 5, 2019; 84 FR 18392, May 1, 2019]

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§52.121   Classification of regions.

The Arizona plan is evaluated on the basis of the following classifications:

AQCR (constituent counties)Classifications
PMSOXNO2COO3
Maricopa Intrastate (Maricopa)IIIIIIIII
Pima Intrastate (Pima)IIIIIIIIIII
Northern Arizona Intrastate (Apache, Coconino, Navajo, Yavapai)IIIIIIIIIIIII
Mohave-Yuma Intrastate (Mohave, Yuma)IIIIIIIIIIIII
Central Arizona Intrastate (Gila, Pinal)IIAIIIIIIIII
Southeast Arizona Intrastate (Cochise, Graham, Greenlee, Santa Cruz)IIAIIIIIIIII

[83 FR 42219, Aug. 21, 2018]

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§52.122   Negative declarations.

Link to an amendment published at 84 FR 39200, Aug. 9, 2019.

(a) The following air pollution control districts submitted negative declarations for volatile organic compound source categories to satisfy the requirements of section 182 of the Clean Air Act, as amended. The following negative declarations are approved as additional information to the State Implementation Plan.

(1) Maricopa County Environmental Services Department.

(i) Refinery Sources (Refinery Process Turnarounds), Automobile and Light Duty Trucks, Magnet Wire, Flatwood Paneling, Pharmaceuticals and Cosmetic Manufacturing Operations, Rubber Tire Manufacturing, Polymer Manufacturing, Industrial Wastewater, Ship Building and Repair, Synthetic Organic Chemical Manufacturing Industry (SOCMI) Batch Processing, SOCMI Reactors, and SOCMI Distillation were adopted on April 26, 2000 and submitted on December 14, 2000.

(ii) Fiberglass Boat Manufacturing was adopted on March 24, 2004 and submitted on April 21, 2004.

(b) [Reserved]

[67 FR 54743, Aug. 26, 2002, as amended at 70 FR 7041, Feb. 10, 2005]

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§52.123   Approval status.

(a) With the exceptions set forth in this subpart, the Administrator approved Arizona's plan for the attainment of the national standards.

(b) With the exception set forth in §§52.130 and 52.135, the Administrator approves the inspection and maintenance (I/M) program for motor vehicles; the carpool matching program; certain transit improvements; and certain traffic flow improvement and site-specific traffic control measures.

(c) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in 1977, for the nonattainment areas listed in this paragraph.

(1) For TSP, the portion of the Tucson TSP Air Planning Area falling both within the area described by connecting the geographic points in the order listed below in this paragraph and within the townships and sections described below in this paragraph:

Latitude 32°38.5 N, Longitude 111°24.0 W

Latitude 32°26.5 N, Longitude 110°47.5 W

Latitude 32°12.5 N, Longitude 110°32.5 W

Latitude 31°49.5 N, Longitude 110°25.5 W

Latitude 31°42.0 N, Longitude 110°50.5 W

Latitude 31°52.5 N, Longitude 111°12.5 W

Latitude 31°24.5 N, Longitude 111°29.0 W

(and return to initial point)

T9S, R9-11E

T10S, R9-13E

T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters only) and 7 (NE and SE quarters only)

T13S, R14E: sections 19-21, 26-35

T14S, R13E: sections 1-3, 10-14, 23-25

T14S, R14E: sections 3-9, 17-19, 30

T17S, R19E

T18S, R19E

T20S, R14-15E

(d) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in 1977, for the nonattainment areas listed in this paragraph. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the State Implementation Plan (SIP) depends on the adoption and submittal by January 1, 1981, of reasonably available control technology (RACT) requirements for sources covered by Control Technique Guidelines (CTG's) published between January 1978 and January 1979.

(1) Maricopa County Urban Planning Area for O3.

(e) The Administrator finds that the plan does not satisfy all the requirements of Part D, Title I, of the Clean Air Act as amended in 1977 for the nonattainment and area pollutants listed in this paragraph.

(1) Maricopa County Urban Planning Area for CO and TSP.

(2) [Reserved]

(3) The following portion of the Tucson TSP Air Planning Area: The area described by connecting the following geographic points in the order listed below:

Latitude 32°38.5 N, Longitude 111°24.0 W

Latitude 32°26.5 N, Longitude 110°47.5 W

Latitude 32°12.5 N, Longitude 110°32.5 W

Latitude 31°49.5 N, Longitude 110°25.5 W

Latitude 31°42.0 N, Longitude 110°50.5 W

Latitude 31°52.5 N, Longitude 111°12.5 W

Latitude 31°24.5 N, Longitude 111°29.0 W

(and return to initial point)

Excluding the area within the following townships:

T9S, R9-11E

T10S, R9-13E

T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters only) and 7 (NE and SE quarters only)

T13S, R14E: sections 19-21, 26-35

T14S, R13E: sections 1-3, 10-14, 23-25

T14S, R14E: sections 3-9, 17-19, 30

T17S, R19E

T18S, R19E

T20S, R14-15E

(f) Maricopa County PM-10 Nonattainment Area (Phoenix Planning Area). (1) Plan for Attainment of the 24-hour PM-10 Standard—Maricopa County PM-10 Nonattainment Area (May, 1997) submitted by the Arizona Department of Environmental Quality on May 7, 1997.

(i) [Reserved]

(ii) The Administrator approves the attainment and reasonable further progress demonstrations for the Maryvale PM-10 monitoring site and Salt River PM-10 monitoring site.

(iii) The approvals in paragraphs (f)(1) (i) and (ii) of this section are applicable only to the plan identified in paragraph (f)(1) of this section and do not constitute the Administrator's final decision as to the State's full compliance with the requirements of Clean Air Act sections 189(a)(1)(C) and 189(b)(1)(B) for RACM and BACM and sections 189(a)(1)(B), 189(b)(1)(A) and 189(c)(1) for attainment and reasonable further progress.

(g) Pursuant to the Federal planning authority in section 110(c) of the Clean Air Act, the Administrator finds that the applicable implementation plan for the Maricopa County ozone nonattainment area demonstrates the 15 percent VOC rate of progress required under section 182(b)(1)(A)(i).

(h) Pursuant to the federal planning authority in section 110(c) of the Clean Air Act, the Administrator finds that the applicable implementation plan for the Maricopa County PM-10 nonattainment area provides for the implementation of reasonably available control measures as required by section 189(a)(1)(C) and demonstrates attainment by the applicable attainment date as required and allowed by sections 172(c)(2) and 189(a)(1)(B).

(i) The Administrator approves the Maintenance Plan for the Tucson Air Planning Area submitted by the Arizona Department of Environmental Quality on October 6, 1997 as meeting requirements if section 175(A) of the Clean Air Act and the requirements of EPA's Limited Maintenance Plan option. The Administrator approves the Emissions Inventory contained in the Maintenance Plan as meeting the requirements of section 172(c)(3) of the Clean Air Act.

(j) The Administrator is approving the following elements of the Metropolitan Phoenix PM-10 Nonattainment Area Serious Area PM-10 Plan as contained in Revised Maricopa Association of Governments 1999 Serious Area Particulate Plan for PM-10 for the Maricopa County Nonattainment Area, February 2000, submitted February 16, 2000 and Maricopa County PM-10 Serious Area State Implementation Plan Revision, Agricultural Best Management Practices (BMP), ADEQ, June 2000, submitted on June 13, 2001:

(1) 1994 Base year emission inventory pursuant to Clean Air Act section 172(c)(3).

(2) The Provisions for implementing on all significant source categories reasonably available control measures (except for agricultural sources) and best available control measures for the annual and 24-hour PM-10 NAAQS pursuant to section Clean Air Act sections 189(a)(1)(c) and 189(b)(1)(b)).

(3) The demonstration of the impracticability of attainment by December 31, 2001 for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 189(b)(1)(A)(ii).

(4) The demonstration of attainment by the most expeditious alternative date practicable for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 189(b)(1)(A)(ii).

(5) The demonstration of reasonable further progress for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 172(c)(2).

(6) The quantitative milestones for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 189(c).

(7) The inclusion of the most stringent measures for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 188(e).

(8) The demonstration that major sources of PM-10 precursors do not contribute significantly to violations for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 189(e).

(9) The contingency measures for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 172(c)(9).

(10) The transportation conformity budget for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 176(c).

(11) The provisions for assuring adequate resources, personnel, and legal authority to carry out the plan for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 110(a)(2)(E)(i).

(k) The Administrator approves the revised Enhanced Vehicle Inspection and Maintenance Program for the Maricopa County carbon monoxide and ozone nonattainment area submitted by the Arizona Department of Environmental Quality on July 6, 2001 and April 10, 2002 as meeting the requirements of Clean Air Act sections 182(c)(3) and 187(a)(6) and the requirements for high enhanced inspection and maintenance programs contained in 40 CFR part 51, subpart S.

(l) 1997 8-hour ozone NAAQS: The SIPs submitted on October 14, 2009 and August 24, 2012 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(ii), and (J) for all portions of the Arizona SIP.

(m) 1997 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and August 24, 2012 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(ii), (J) and (K) for all portions of the Arizona SIP.

(n) 2006 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and August 24, 2012 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of the Arizona SIP.

(o) 2008 8-hour ozone NAAQS: The SIPs submitted on October 14, 2011, December 27, 2012, and December 3, 2015 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II), D(ii), and (J) for all portions of the Arizona SIP.

(p) 2008 Lead (Pb) NAAQS: The SIPs submitted on October 14, 2011 and December 27, 2012 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(ii), and (J) for all portions of the Arizona SIP.

(q) 2010 Nitrogen Dioxide NAAQS: The SIPs submitted on January 18, 2013 and December 3, 2015 are fully or partially disapproved for CAA elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of the Arizona SIP.

(r) 2010 Sulfur Dioxide NAAQS: The SIPs submitted on July 23, 2013 and December 3, 2015 are fully or partially disapproved for CAA elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of the Arizona SIP.

[38 FR 33373, Dec. 3, 1973, as amended at 48 FR 254, Jan. 4, 1983; 51 FR 3336, Jan. 27, 1986; 51 FR 33750, Sept. 23, 1986; 62 FR 41864, Aug. 4, 1997; 63 FR 28904, May 27, 1998; 63 FR 41350, Aug. 3, 1998; 65 FR 36358, June 8, 2000; 67 FR 48739, July 25, 2002; 68 FR 2914, Jan. 22, 2003; 77 FR 66404, Nov. 5, 2012; 78 FR 46175, July 30, 2013; 80 FR 40909, July 14, 2015; 80 FR 47862, Aug. 10, 2015; 81 FR 36180, June 6, 2016; 83 FR 42219, Aug. 21, 2018]

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§52.124   Part D disapproval.

Link to an amendment published at 84 FR 39201, Aug. 9, 2019.

(a) The following portions of the Arizona SIP are disapproved because they do not meet the requirements of Part D of the Clean Air Act.

(1) The attainment demonstration, conformity and contingency portions of the 1987 Maricopa Association of Governments Carbon Monoxide Plan and 1988 Addendum.

(2) [Reserved]

(b)-(c) [Reserved]

[56 FR 5478, Feb. 11, 1991, as amended at 62 FR 41864, Aug. 4, 1997; 63 FR 41350, Aug. 3, 1998; 65 FR 36358, June 8, 2000; 67 FR 48739, July 25, 2002]

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§52.125   Control strategy and regulations: Sulfur oxides.

(a)(1) The requirements of subpart G of this chapter are not met since the control strategy does not analyze the impact of smelter fugitive emissions on ambient air quality (except at Hayden, Arizona) in the Central Arizona Intrastate, the Pima Intrastate, and the Southeast Arizona Intrastate (Cochise and Greenlee counties) Regions. Arizona must submit these smelter fugitive emissions control strategies to EPA by August 1, 1984. In addition, the requirements of §51.281 of this chapter are not met since the plan does not require permanent control of fugitive smelter emissions necessary to attain and maintain the national standards for sulfur oxides. The control strategy for Hayden shows that these controls are required to attain and maintain the national standards, and the fugitive control strategy analyses required above may show that they are required for some or all of the other smelter towns in Arizona. Arizona must submit all fugitive emissions control regulations necessary to attain and maintain the national standards for sulfur oxides to EPA by August 1, 1984. Therefore, the control strategies and regulations for the six smelter areas in the Central Arizona Intrastate, the Pima Intrastate and the Southeast Arizona Intrastate (Cochise and Greenlee counties) Regions are incomplete due to Arizona's failure to address the fugitive emissions problems at copper smelters.

(2) Regulation 7-1-4.1 (copper smelters) of the Arizona Rules and Regulations for Air Pollution Control, as it pertains to existing copper smelters, is disapproved for the Central Arizona Intrastate, Pima Intrastate and Southeast Arizona Intrastate (Cochise and Greenlee counties) Regions.

(b) The requirements of subpart G and §51.281 of this chapter are not met since the plan does not provide the degree of control necessary to attain and maintain the national standards for sulfur oxides in the Northern Arizona Intrastate Region. Therefore, Regulation 7-1-4.2(C) (fuel burning installations) of the Arizona Rules and Regulations for Air Pollution Control, as it pertains to existing sources, is disapproved in the Northern Arizona Intrastate Region for steam power generating installations having a total rated capacity equal to or greater than 6,500 million B.t.u. per hour.

(c) Replacement regulation for Regulation 7-1-4.2(C) (Fossil fuel-fired steam generators in the Northern Arizona Intrastate Region). (1) This paragraph is applicable to the fossil fuel-fired steam generating equipment designated as Units 1, 2, and 3 at the Navajo Power Plant in the Northern Arizona Intrastate Region (§81.270 of this chapter).

(2) No owner or operator of the fossil fuel-fired steam generating equipment to which this paragraph is applicable shall discharge or cause the discharge of sulfur oxides into the atmosphere in excess of the amount prescribed by the following equations:

E = 12,245 S or e = 1,540 S

Where:

E = Allowable sulfur oxides emissions (lb./hr.) from all affected units.

e = Allowable sulfur oxides emissions (gm./sec.) from all affected units.

S = Sulfur content, in percent by weight, prior to any pretreatment of the fuel being burned.

(3) For the purposes of this paragraph:

(i) E shall not exceed 21,270 lb./hr. (2,680 gm./sec.).

(ii) If the sum of sulfur oxides emissions from Units 1, 2, and 3 would be less than 3,780 lb./hr. (475 gm./sec.) without the use of emission control equipment, the requirements of paragraphs (2), (4)(i) and (5) of this paragraph (c), shall not apply for the period of time that the emissions remain below this level.

(iii) The applicability of paragraph (c)(2)(ii) of this section may be determined through a sulfur balance utilizing the analyzed sulfur content of the fuel being burned and the total rate of fuel consumption in all affected units.

(4)(i) No owner or operator of the fossil fuel-fired steam generating equipment subject to this paragraph shall discharge or cause the discharge of sulfur oxides into the atmosphere from any affected unit in excess of the amount prescribed by the following equations, except as provided in paragraph (3)(ii) of this paragraph (c).

E1 = 0.333 E or e1 = 0.333 e

Where:

E = Allowable sulfur oxides emissions (lb./hr.) from all affected units as determined pursuant to paragraph (2) of this paragraph.

e = Allowable sulfur oxides emissions (gm./sec.) from all affected units as determined pursuant to paragraph (2) of this paragraph (c).

E1 = Allowable sulfur oxides emissions (lb./hr.) from each affected unit.

e1 = Allowable sulfur oxides emissions (gm./sec.) from each affected unit.

(ii) The owner or operator of the fossil fuel-fired steam generating equipment to which this paragraph is applicable may submit a request to redesignate the allowable emissions specified in paragraph (c)(4)(i) of this section. Such a request shall be submitted no later than December 2, 1974, and shall demonstrate that sulfur oxides emissions on a total plant basis will not exceed those specified in paragraphs (2) and (3)(i) of this paragraph (c). Upon receipt and evaluation of such request, the Administrator shall consider such and if appropriate, redesignate the allowable emissions specified in paragraph (c)(4)(i) of this section.

(5) All sulfur oxides control equipment at the fossil fuel-fired steam generating equipment to which this paragraph is applicable shall be operated at the maximum practicable efficiency at all times, without regard to the allowable sulfur oxides emissions, determined according to paragraph (2) or (3) of this paragraph (c), except as provided in paragraph (3)(ii) of this paragraph (c).

(6) Compliance with this paragraph shall be in accordance with the provisions of §52.134(a).

(7) The test methods and procedures used to determine compliance with this paragraph shall be those prescribed in §60.46(c)(2) and (c)(4) of this chapter. The test methods for determining the sulfur content of fuel shall be those specified in §60.45(c) and (d) of this chapter.

(d)-(e) [Reserved]

(f)(1) Paragraphs B through E of regulation 7-1-4.2 (R9-3-402) (Sulfur Emissions: Fuel Burning Installations) of the Arizona Air Pollution Control Regulations are disapproved because they could allow existing oil fired facilities to use dispersion dependent techniques alone as a means of attaining and maintaining the national ambient air quality standards. The regulation does not assure the attainment and maintenance of the national standards in a manner which is consistent with the intent of sections 110(a)(2)(B) and 123(a)(2) of the Clean Air Act.

(2) The approval of paragraphs A and F of regulation 7-1-4.2 as to coal fired facilities does not apply to the Salt River Project Agricultural Improvement and Power District-Navajo Generating Station.

(3) Paragraphs B through E of regulation 8-1-4.2 (Sulfur Emissions—Fuel Burning Installations) of the Yuma County Air Pollution Control Regulations are disapproved because they could allow existing facilities to use dispersion dependent techniques alone as a means of attaining and maintaining the National Ambient Air Quality Standards. This regulation does not assure the attainment and maintenance of the national standards in a manner which is consistent with the intent of sections 110(a)(2)(B)and 123(a)(2) of the Clean Air Act.

(g) Section 3, Regulation 3 (Sulfur from Primary Copper Smelters) of the Mohave County Health Department Air Pollution Control Regulations and Regulation 7-3-2.1 (Copper Smelters) of the Pinal-Gila Counties Air Quality Control District are disapproved since Section 36-1706 of the Arizona Revised Statutes grants exclusive jurisdiction to the Arizona Department of Health Services and the State Hearing Board over all existing copper smelters.

(1) The requirements of §51.13 of this chapter are not met since the plan does not demonstrate that the emission limitations applicable to existing fuel burning equipment producing electrical energy will provide for the attainment and maintenance of the national standards in the Pima Intrastate Region (§81.269 of this chapter).

(2) Regulation II: Rule 7A—paragraphs 2 through 5, Emission Limitations Fuel Burning Equipment—Sulfur Dioxide, of the Rules and Regulations of the Pima County Air Pollution Control District are disapproved because they could allow existing facilities to use dispersion dependent techniques along as a means of attaining and maintaining the National Ambient Air Quality Standards. The regulation does not assure the attainment and maintenance of the national standards in a manner which is consistent with the intent of section 110(a)(2)(B) of the Clean Air Act.

[37 FR 15081, July 27, 1972]

Editorial Note: For Federal Register citations affecting §52.125, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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§52.126   Control strategy and regulations: Particulate matter.

(a) The requirements of subpart G and §51.281 of this chapter are not met since the plan does not provide the degree of control necessary to attain and maintain the national standards for particulate matter in Gila, Maricopa, Pima, Pinal, and Santa Cruz Counties. Therefore, Regulation 7-1-3.6 (process industries) of the Arizona Rules and Regulations for Air Pollution Control is disapproved for Gila, Maricopa, Pima, Pinal, and Santa Cruz Counties.

(b) Replacement regulation for Regulation 7-1-3.6 of the Arizona Rules and Regulations for Air Pollution Control (Gila, Maricopa, Pima, Pinal, and Santa Cruz Counties). (1) No owner or operator of any stationary process source in Gila, Maricopa, Pima, Pinal, or Santa Cruz County shall discharge or cause the discharge of particulate matter into the atmosphere in excess of the hourly rate shown in the following table for the process weight rate identified for such source:

[In pounds per hour]

Process weight rate Emission rate Process weight rate Emission rate
500.3660,00029.60
1000.5580,00031.19
5001.53120,00033.28
1,0002.25160,00034.85
5,0006.34200,00036.11
10,0009.73400,00040.35
20,00014.991,000,00046.72

(2) Paragraph (b)(1) of this section shall not apply to incinerators, fuel burning installations, or Portland cement plants having a process weight rate in excess of 250,000 lb/h.

(3) No owner or operator of a Portland cement plant in Gila, Maricopa, Pima, Pinal, or Santa Cruz County with a process weight rate in excess of 250,000 lb/hr shall discharge or cause the discharge of particulate matter into the atmosphere in excess of the amount specified in §60.62 of this chapter.

(4) Compliance with this paragraph shall be in accordance with the provisions of §52.134(a).

(5) The test methods and procedures used to determine compliance with this paragraph are set forth below. The methods referenced are contained in the appendix to part 60 of this chapter. Equivalent methods and procedures may be used if approved by the Administrator.

(i) For each sampling repetition, the average concentration of particulate matter shall be determined by using method 5. Traversing during sampling by method 5 shall be according to method 1. The minimum sampling time shall be 2 hours and the minimum sampling volume shall be 60 ft3 (1.70 m3), corrected to standard conditions on a dry basis.

(ii) The volumetric flow rate of the total effluent shall be determined by using method 2 and traversing according to method 1. Gas analysis shall be performed using the integrated sample technique of method 3, and moisture content shall be determined by the condenser technique of method 4.

(iii) All tests shall be conducted while the source is operating at the maximum production or combustion rate at which such source will be operated. During the tests, the source shall burn fuels or combinations of fuels, use raw materials, and maintain process conditions representative of normal operation, and shall operate under such other relevant conditions as the Administrator shall specify.

(c) The requirements of §51.281 of this chapter are not met since the plan does not contain regulations for Mohave and Yuma Counties in the Mohave-Yuma Intrastate Region or Pinal-Gila Counties in the Central Arizona Intrastate Region which provide enforceable and reproducible test procedures for the determination of compliance with the emission standards. Therefore paragraph C of section 3, regulation 2 (Particulates: Other Sources) of the Mohave County Air Pollution Control Regulations, paragraph B of regulation 8-1-3.6 (Particulates—Process Industries) of the Yuma County Air Pollution Control Regulations, and paragraph C of regulation 7-3-1.4 (Particulate Emissions—Incineration) and paragraph F of regulation 7-3-1.7 (Particulate Emissions—Fuel Burning Equipment) of the Rules and Regulations for Pinal-Gila Counties Air Quality Control District are disapproved.

[37 FR 15081, July 27, 1972, as amended at 38 FR 12704, May 14, 1973; 43 FR 53034, Nov. 15, 1978; 45 FR 67346, Oct. 10, 1980; 51 FR 40676, 40677, Nov. 7, 1986]

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§52.128   Rule for unpaved parking lots, unpaved roads and vacant lots.

(a) General—(1) Purpose. The purpose of this section is to limit the emissions of particulate matter into the ambient air from human activity on unpaved parking lots, unpaved roads and vacant lots.

(2) Applicability. The provisions of this section shall apply to owners/operators of unpaved roads, unpaved parking lots and vacant lots and responsible parties for weed abatement on vacant lots in the Phoenix PM-10 nonattainment area. This section does not apply to unpaved roads, unpaved parking lots or vacant lots located on an industrial facility, construction, or earth-moving site that has an approved permit issued by Maricopa County Environmental Services Division under Rule 200, Section 305, Rule 210 or Rule 220 containing a Dust Control Plan approved under Rule 310 covering all unpaved parking lots, unpaved roads and vacant lots. This section does not apply to the two Indian Reservations (the Salt River Pima-Maricopa Indian Community and the Fort McDowell Mojave-Apache Indian Community) and a portion of a third reservation (the Gila River Indian Community) in the Phoenix PM-10 nonattainment area. Nothing in this definition shall preclude applicability of this section to vacant lots with disturbed surface areas due to construction, earth-moving, weed abatement or other dust generating operations which have been terminated for over eight months.

(3) The test methods described in Appendix A of this section shall be used when testing is necessary to determine whether a surface has been stabilized as defined in paragraph (b)(16) of this section.

(b) Definitions—(1) Average daily trips (ADT). The average number of vehicles that cross a given surface during a specified 24-hour time period as determined by the Institute of Transportation Engineers Trip Generation Report (6th edition, 1997) or tube counts.

(2) Chemical/organic stabilizer—Any non-toxic chemical or organic dust suppressant other than water which meets any specifications, criteria, or tests required by any federal, state, or local water agency and is not prohibited for use by any applicable law, rule or regulation.

(3) Disturbed surface area—Any portion of the earth's surface, or materials placed thereon, which has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed natural condition, thereby increasing the potential for emission of fugitive dust.

(4) Dust suppressants—Water, hygroscopic materials, solution of water and chemical surfactant, foam, or non-toxic chemical/organic stabilizers not prohibited for use by any applicable law, rule or regulation, as a treatment material to reduce fugitive dust emissions.

(5) EPA—United States Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, California 94105.

(6) Fugitive dust—The particulate matter entrained in the ambient air which is caused from man-made and natural activities such as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. This excludes particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, and from piledrivers.

(7) Lot—A parcel of land identified on a final or parcel map recorded in the office of the Maricopa County recorder with a separate and distinct number or letter.

(8) Low use unpaved parking lot—A lot on which vehicles are parked no more than thirty-five (35) days a year, excluding days where the exemption in paragraph (c)(2) of this section applies.

(9) Motor vehicle—A self-propelled vehicle for use on the public roads and highways of the State of Arizona and required to be registered under the Arizona State Uniform Motor Vehicle Act, including any non-motorized attachments, such as, but not limited to, trailers or other conveyances which are connected to or propelled by the actual motorized portion of the vehicle.

(10) Off-road motor vehicle—any wheeled vehicle which is used off paved roadways and includes but is not limited to the following:

(i) Any motor cycle or motor-driven cycle;

(ii) Any motor vehicle commonly referred to as a sand buggy, dune buggy, or all terrain vehicle.

(11) Owner/operator—any person who owns, leases, operates, controls, maintains or supervises a fugitive dust source subject to the requirements of this section.

(12) Paving—Applying asphalt, recycled asphalt, concrete, or asphaltic concrete to a roadway surface.

(13) Phoenix PM-10 nonattainment area—such area as defined in 40 CFR 81.303, excluding Apache Junction.

(14) PM-10—Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by reference or equivalent methods that meet the requirements specified for PM-10 in 40 CFR part 50, Appendix J.

(15) Reasonably available control measures (RACM)—Techniques used to prevent the emission and/or airborne transport of fugitive dust and dirt.

(16) Stabilized surface—(i) Any unpaved road or unpaved parking lot surface where:

(A) Any fugitive dust plume emanating from vehicular movement does not exceed 20 percent opacity as determined in section I.A of Appendix A of this section; and

(B) Silt loading (weight of silt per unit area) is less than 0.33 ounces per square foot as determined by the test method in section I.B of Appendix A of this section OR where silt loading is greater than or equal to 0.33 ounces per square foot and silt content does not exceed six (6) percent for unpaved road surfaces or eight (8) percent for unpaved parking lot surfaces as determined by the test method in section I.B of Appendix A of this section.

(ii) Any vacant lot surface with:

(A) A visible crust which is sufficient as determined in section II.1 of Appendix A of this section;

(B) A threshold friction velocity (TFV), corrected for non-erodible elements, of 100 cm/second or higher as determined in section II.2 of Appendix A of this section;

(C) Flat vegetation cover equal to at least 50 percent as determined in section II.3 of Appendix A of this section;

(D) Standing vegetation cover equal to or greater than 30 percent as determined in section II.4 of Appendix A of this section; or

(E) Standing vegetation cover equal to or greater than 10 percent as determined in section II.4 of Appendix A of this section where threshold friction velocity, corrected for non-erodible elements, as determined in section II.2 of Appendix A of this section is equal to or greater than 43 cm/second.

(17) Unpaved parking lot—A privately or publicly owned or operated area utilized for parking vehicles that is not paved and is not a Low use unpaved parking lot.

(18) Unpaved road—Any road, equipment path or driveway used by motor vehicles or off-road motor vehicles that is not paved which is open to public access and owned/operated by any federal, state, county, municipal or other governmental or quasi-governmental agencies.

(19) Urban or suburban open area—An unsubdivided or undeveloped tract of land adjoining a residential, industrial or commercial area, located on public or private property.

(20) Vacant lot—A subdivided residential, industrial, institutional, governmental or commercial lot which contains no approved or permitted buildings or structures of a temporary or permanent nature.

(c) Exemptions. The following requirements in paragraph (d) of this section do not apply:

(1) In paragraphs (d)(1), (d)(2) and (d)(4)(iii) of this section: Any unpaved parking lot or vacant lot 5,000 square feet or less.

(2) In paragraphs (d)(1) and (d)(2) of this section: Any unpaved parking lot on any day in which ten (10) or fewer vehicles enter.

(3) In paragraphs (d)(4)(i) and (d)(4)(ii) of this section: Any vacant lot with less than 0.50 acre (21,780 square feet) of disturbed surface area(s).

(4) In paragraph (d) of this section: Non-routine or emergency maintenance of flood control channels and water retention basins.

(5) In paragraph (d) of this section: Vehicle test and development facilities and operations when dust is required to test and validate design integrity, product quality and/or commercial acceptance. Such facilities and operations shall be exempted from the provisions of this section only if such testing is not feasible within enclosed facilities.

(6) In paragraph (d)(4)(i) of this section: Weed abatement operations performed on any vacant lot or property under the order of a governing agency for the control of a potential fire hazard or otherwise unhealthy condition provided that mowing, cutting, or another similar process is used to maintain weed stubble at least three (3) inches above the soil surface. This includes the application of herbicides provided that the clean-up of any debris does not disturb the soil surface.

(7) In paragraph (d)(4)(i) of this section: Weed abatement operations that receive an approved Earth Moving permit under Maricopa County Rule 200, Section 305 (adopted 11/15/93).

(d) Requirements—(1) Unpaved parking lots. Any owners/operators of an unpaved parking lot shall implement one of the following RACM on any surface area(s) of the lot on which vehicles enter and park.

(i) Pave; or

(ii) Apply chemical/organic stabilizers in sufficient concentration and frequency to maintain a stabilized surface; or

(iii) Apply and maintain surface gravel uniformly such that the surface is stabilized; or

(iv) Apply and maintain an alternative control measure such that the surface is stabilized, provided that the alternative measure is not prohibited under paragraph (b)(2) or (b)(4) of this section.

(2) Any owners/operators of a low use unpaved parking lot as defined in paragraph (b)(8) of this section shall implement one of the RACM under paragraph (d)(1) of this section on any day(s) in which over 100 vehicles enter the lot, such that the surface area(s) on which vehicles enter and park is/are stabilized throughout the duration of time that vehicles are parked.

(3) Unpaved roads. Any owners/operators of existing unpaved roads with ADT volumes of 250 vehicles or greater shall implement one of the following RACM along the entire surface of the road or road segment that is located within the Phoenix non-attainment area by June 10, 2000:

(i) Pave; or

(ii) Apply chemical/organic stabilizers in sufficient concentration and frequency to maintain a stabilized surface; or

(iii) Apply and maintain surface gravel uniformly such that the surface is stabilized; or

(iv) Apply and maintain an alternative control measure such that the surface is stabilized, provided that the alternative measure is not prohibited under paragraph (b)(2) or (b)(4) of this section.

(4) Vacant lots. The following provisions shall be implemented as applicable.

(i) Weed abatement. No person shall remove vegetation from any vacant lot by blading, disking, plowing under or any other means without implementing all of the following RACM to prevent or minimize fugitive dust.

(A) Apply a dust suppressant(s) to the total surface area subject to disturbance immediately prior to or during the weed abatement.

(B) Prevent or eliminate material track-out onto paved surfaces and access points adjoining paved surfaces.

(C) Apply a dust suppressant(s), gravel, compaction or alternative control measure immediately following weed abatement to the entire disturbed surface area such that the surface is stabilized.

(ii) Disturbed surfaces. Any owners/operators of an urban or suburban open area or vacant lot of which any portion has a disturbed surface area(s) that remain(s) unoccupied, unused, vacant or undeveloped for more than fifteen (15) calendar days shall implement one of the following RACM within sixty (60) calendar days following the disturbance.

(A) Establish ground cover vegetation on all disturbed surface areas in sufficient quantity to maintain a stabilized surface; or

(B) Apply a dust suppressant(s) to all disturbed surface areas in sufficient quantity and frequency to maintain a stabilized surface; or

(C) Restore to a natural state, i.e. as existing in or produced by nature without cultivation or artificial influence, such that all disturbed surface areas are stabilized; or

(D) Apply and maintain surface gravel uniformly such that all disturbed surface areas are stabilized; or

(E) Apply and maintain an alternative control measure such that the surface is stabilized, provided that the alternative measure is not prohibited under paragraph (b)(2) or (b)(4) of this section.

(iii) Motor vehicle disturbances. Any owners/operators of an urban or suburban open area or vacant lot of which any portion has a disturbed surface area due to motor vehicle or off-road motor vehicle use or parking, notwithstanding weed abatement operations or use or parking by the owner(s), shall implement one of the following RACM within 60 calendar days following the initial determination of disturbance.

(A) Prevent motor vehicle and off-road motor vehicle trespass/ parking by applying fencing, shrubs, trees, barriers or other effective measures; or

(B) Apply and maintain surface gravel or chemical/organic stabilizer uniformly such that all disturbed surface areas are stabilized.

(5) Implementation date of RACM. All of the requirements in paragraph (d) of this section shall be effective eight (8) months from September 2, 1998. For requirements in paragraph (d)(4)(ii) and (d)(4)(iii) of this section, RACM shall be implemented within eight (8) months from September 2, 1998, or within 60 calendar days following the disturbance, whichever is later.

(e) Monitoring and records. (1) Any owners/operators that are subject to the provisions of this section shall compile and retain records that provide evidence of control measure application, indicating the type of treatment or measure, extent of coverage and date applied. For control measures involving chemical/organic stabilization, records shall also indicate the type of product applied, vendor name, label instructions for approved usage, and the method, frequency, concentration and quantity of application.

(2) Copies of control measure records and dust control plans along with supporting documentation shall be retained for at least three years.

(3) Agency surveys. (i) EPA or other appropriate entity shall conduct a survey of the number and size (or length) of unpaved roads, unpaved parking lots, and vacant lots subject to the provisions of this section located within the Phoenix PM-10 nonattainment area beginning no later than 365 days from September 2, 1998.

(ii) EPA or other appropriate entity shall conduct a survey at least every three years within the Phoenix PM-10 nonattainment area beginning no later than 365 days from September 2, 1998, which includes:

(A) An estimate of the percentage of unpaved roads, unpaved parking lots, and vacant lots subject to this section to which RACM as required in this section have been applied; and

(B) A description of the most frequently applied RACM and estimates of their control effectiveness.

Appendix A to §52.128—Test Methods To Determine Whether A Surface Is Stabilized

I. Unpaved Roads and Unpaved Parking Lots

A. Opacity Observations

Conduct opacity observations in accordance with Reference Method 9 (40 CFR Part 60, appendix A) and Methods 203A and 203C of this appendix, with opacity readings taken at five second observation intervals and two consecutive readings per plume beginning with the first reading at zero seconds, in accordance with Method 203C, sections 2.3.2. and 2.4.2 of this appendix. Conduct visible opacity tests only on dry unpaved surfaces (i.e. when the surface is not damp to the touch) and on days when average wind speeds do not exceed 15 miles per hour (mph).

(i) Method 203A—Visual Determination of Opacity of Emissions From Stationary Sources for Time-Arranged Regulations

Method 203A is virtually identical to EPA's Method 9 (40 CFR Part 60 Appendix A) except for the data-reduction procedures, which provide for averaging times other than 6 minutes. That is, using Method 203A with a 6-minute averaging time would be the same as following EPA Method 9 (40 CFR Part 60, Appendix A). Additionally, Method 203A provides procedures for fugitive dust applications. The certification procedures provided in section 3 are virtually identical to Method 9 (40 CFR Part 60, Appendix A) and are provided here, in full, for clarity and convenience.

1. Applicability and Principle

1.1 Applicability. This method is applicable for the determination of the opacity of emissions from sources of visible emissions for time-averaged regulations. A time-averaged regulation is any regulation that requires averaging visible emission data to determine the opacity of visible emissions over a specific time period.

1.2 Principle. The opacity of emissions from sources of visible emissions is determined visually by an observer qualified according to the procedures of section 3.

2. Procedures

An observer qualified in accordance with section 3 of this method shall use the following procedures for visually determining the opacity of emissions.

2.1 Procedures for Emissions from Stationary Sources. These procedures are not applicable to this section.

2.2 Procedures for Fugitive Process Dust Emissions. These procedures are applicable for the determination of the opacity of fugitive emissions by a qualified observer. The qualified field observer should do the following:

2.2.1 Position. Stand at a position at least 5 meters from the fugitive dust source in order to provide a clear view of the emissions with the sun oriented in the 140-degree sector to the back. Consistent as much as possible with maintaining the above requirements, make opacity observations from a position such that the line of vision is approximately perpendicular to the plume and wind direction. As much as possible, if multiple plumes are involved, do not include more than one plume in the line of sight at one time.

2.2.2 Field Records. Record the name of the plant or site, fugitive source location, source type [pile, stack industrial process unit, incinerator, open burning operation activity, material handling (transfer, loading, sorting, etc.)], method of control used, if any, observer's name, certification data and affiliation, and a sketch of the observer's position relative to the fugitive source. Also, record the time, estimated distance to the fugitive source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), observer's position relative to the fugitive source, and color of the plume and type of background on the visible emission observation form when opacity readings are initiated and completed.

2.2.3 Observations. Make opacity observations, to the extent possible, using a contrasting background that is perpendicular to the line of vision. For roads, storage piles, and parking lots, make opacity observations approximately 1 meter above the surface from which the plume is generated. For other fugitive sources, make opacity observations at the point of greatest opacity in that portion of the plume where condensed water vapor is not present. For intermittent sources, the initial observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume but, instead, observe the plume momentarily at 15-second intervals.

2.3 Recording Observations. Record the opacity observations to the nearest 5 percent every 15 seconds on an observational record sheet. Each momentary observation recorded represents the average opacity of emissions for a 15-second period.

2.4 Data Reduction for Time-Averaged Regulations. A set of observations is composed of an appropriate number of consecutive observations determined by the averaging time specified. Divide the recorded observations into sets of appropriate time lengths for the specified averaging time. Sets must consist of consecutive observations; however, observations immediately preceding and following interrupted observations shall be deemed consecutive. Sets need not be consecutive in time and in no case shall two sets overlap, resulting in multiple violations. For each set of observations, calculate the appropriate average opacity.

3. Qualification and Testing

3.1 Certification Requirements. To receive certification as a qualified observer, a candidate must be tested and demonstrate the ability to assign opacity readings in 5 percent increments to 25 different black plumes and 25 different white plumes, with an error not to exceed 15 percent opacity on any one reading and an average error not to exceed 7.5 percent opacity in each category. Candidates shall be tested according to the procedures described in paragraph 3.2. Any smoke generator used pursuant to paragraph 3.2 shall be equipped with a smoke meter which meets the requirements of paragraph 3.3. Certification tests that do not meet the requirements of paragraphs 3.2 and 3.3 are not valid.

The certification shall be valid for a period of 6 months, and after each 6-month period, the qualification procedures must be repeated by an observer in order to retain certification.

3.2 Certification Procedure. The certification test consists of showing the candidate a complete run of 50 plumes, 25 black plumes and 25 white plumes, generated by a smoke generator. Plumes shall be presented in random order within each set of 25 black and 25 white plumes. The candidate assigns an opacity value to each plume and records the observation on a suitable form. At the completion of each run of 50 readings, the score of the candidate is determined. If a candidate fails to qualify, the complete run of 50 readings must be repeated in any retest. The smoke test may be administered as part of a smoke school or training program, and may be preceded by training or familiarization runs of the smoke generator during which candidates are shown black and white plumes of known opacity.

3.3 Smoke Generator Specifications. Any smoke generator used for the purpose of paragraph 3.2 shall be equipped with a smoke meter installed to measure opacity across the diameter of the smoke generator stack. The smoke meter output shall display in-stack opacity, based upon a path length equal to the stack exit diameter on a full 0 to 100 percent chart recorder scale. The smoke meter optical design and performance shall meet the specifications shown in Table A. The smoke meter shall be calibrated as prescribed in paragraph 3.3.1 prior to conducting each smoke reading test. At the completion of each test, the zero and span drift, shall be checked, and if the drift exceeds ±1 percent opacity, the condition shall be corrected prior to conducting any subsequent test runs. The smoke meter shall be demonstrated at the time of installation to meet the specifications listed in Table A. This demonstration shall be repeated following any subsequent repair or replacement of the photocell or associated electronic circuitry including the chart recorder or output meter, or every 6 months, whichever occurs first.

3.3.1 Calibration. The smoke meter is calibrated after allowing a minimum of 30 minutes warm-up by alternately producing simulated opacity of 0 percent and 100 percent. When stable response at 0 percent or 100 percent is noted, the smoke meter is adjusted to produce an output of 0 percent or 100 percent, as appropriate. This calibration shall be repeated until stable 0 percent and 100 percent readings are produced without adjustment. Simulated 0 percent and 100 percent opacity values may be produced by alternately switching the power to the light source on and off while the smoke generator is not producing smoke.

3.3.2 Smoke Meter Evaluation. The smoke meter design and performance are to be evaluated as follows:

3.3.2.1 Light Source. Verify from manufacturer's data and from voltage measurements made at the lamp, as installed, that the lamp is operated within ±5 percent of the nominal rated voltage.

3.3.2.2 Spectral Response of Photocell. Verify from manufacturer's data that the photocell has a photopic response; i.e., the spectral sensitivity of the cell shall closely approximate the standard spectral-luminosity curve for photopic vision which is referenced in (b) of Table A.

3.3.2.3 Angle of View. Check construction geometry to ensure that the total angle of view of the smoke plume, as seen by the photocell, does not exceed 15 degrees. Calculate the total angle of view as follows:

φv = 2 tan−1 d/2L

Where:

φv = total angle of view;

d = the photocell diameter + the diameter of the limiting aperture; and

L = distance from the photocell to the limiting aperture.

The limiting aperture is the point in the path between the photocell and the smoke plume where the angle of view is most restricted. In smoke generator smoke meters, this is normally an orifice plate.

3.3.2.4 Angle of Projection. Check construction geometry to ensure that the total angle of projection of the lamp on the smoke plume does not exceed 15 degrees. Calculate the total angle of projection as follows:

φp = 2 tan−1 d/2L

Where:

φp = total angle of projection;

d = the sum of the length of the lamp filament + the diameter of the limiting aperture; and

L = the distance from the lamp to the limiting aperture.

3.3.2.5 Calibration Error. Using neutral-density filters of known opacity, check the error between the actual response and the theoretical linear response of the smoke meter. This check is accomplished by first calibrating the smoke meter according to 3.3.1 and then inserting a series of three neutral-density filters of nominal opacity of 20, 50, and 75 percent in the smoke meter path length. Use filters calibrated within ±2 percent. Care should be taken when inserting the filters to prevent stray light from affecting the meter. Make a total of five nonconsecutive readings for each filter. The maximum opacity error on any one reading shall be ±3 percent.

3.3.2.6 Zero and Span Drift. Determine the zero and span drift by calibrating and operating the smoke generator in a normal manner over a 1-hour period. The drift is measured by checking the zero and span at the end of this period.

3.3.2.7 Response Time. Determine the response time by producing the series of five simulated 0 percent and 100 percent opacity values and observing the time required to reach stable response. Opacity values of 0 percent and 100 percent may be simulated by alternately switching the power to the light source off and on while the smoke generator is not operating.

4. References

1. U.S. Environmental Protection Agency. Standards of Performance for New Stationary Sources; appendix A; Method 9 for Visual Determination of the Opacity of Emissions from Stationary Sources. Final Rule. 39 FR 219. Washington, DC. U.S. Government Printing Office. November 12, 1974.

2. Office of Air and Radiation. “Quality Assurance Guideline for Visible Emission Training Programs.” EPA-600/S4-83-011. Quality Assurance Division. Research Triangle Park, N.C. May 1982.

3. “Method 9—Visible Determination of the Opacity of Emissions from Stationary Sources.” February 1984. Quality Assurance Handbook for Air Pollution Measurement Systems. Volume III, section 3.1.2. Stationary Source Specific Methods. EPA-600-4-77-027b. August 1977. Office of Research and Development Publications, 26 West Clair Street, Cincinnati, OH.

4. Office of Air Quality Planning and Standards. “Opacity Error for Averaging and Nonaveraging Data Reduction and Reporting Techniques.” Final Report-SR-1-6-85. Emission Measurement Branch, Research Triangle Park, N.C. June 1985.

5. The U.S. Environmental Protection Agency. Preparation, Adoption, and Submittal of State Implementation Plans. Methods for Measurement of PM10 Emissions from Stationary Sources. Final Rule. Federal Register. Washington, DC. U.S. Government Printing Office. Volumes 55. No. 74. pps. 14246-14279. April 17, 1990.

(ii) Method 203C—Visual Determination of Opacity of Emissions From Stationary Sources for Instantaneous Limitation Regulations

Method 203C is virtually identical to EPA's Method 9 (40 CFR Part 60, Appendix A), except for the data-reduction procedures which have been modified for application to instantaneous limitation regulations. Additionally, Method 203C provides procedures for fugitive dust applications which were unavailable when Method 9 was promulgated. The certification procedures in section 3 are identical to Method 9. These certification procedures are provided in Method 203A as well, and, therefore, have not been repeated in this method.

1. Applicability and Principle

1.1 Applicability. This method is applicable for the determination of the opacity of emissions from sources of visible emissions for instantaneous limitations. An instantaneous limitation regulation is an opacity limit which is never to be exceeded.

1.2 Principle. The opacity of emissions from sources of visible emissions is determined visually by a qualified observer.

2. Procedures

The observer qualified in accordance with section 3 of this method shall use the following procedures for visually determining the opacity of emissions.

2.1 Procedures for Emissions From Stationary Sources. Same as 2.1, Method 203A.

2.1.1 Position. Same as 2.1.1, Method 203A.

2.1.2 Field Records. Same as 2.1.2, Method 203A.

2.1.3 Observations. Make opacity observations at the point of greatest opacity in that portion of the plume where condensed water vapor is not present.

Do not look continuously at the plume. Instead, observe the plume momentarily at the interval specified in the subject regulation. Unless otherwise specified, a 15-second observation interval is assumed.

2.1.3.1 Attached Steam Plumes. Same as 2.1.3.1, Method 203A.

2.1.3.2 Detached Steam Plumes. Same as 2.1.3.2, Method 203A.

2.2 Procedures for Fugitive Process Dust Emissions.

2.2.1 Position. Same as section 2.2.1, Method 203A.

2.2.2 Field Records. Same as section 2.2.2, Method 203A.

2.2.3 Observations.

2.2.3.1 Observations for a 15-second Observation Interval Regulations. Same as section 2.2.3, Method 203A.

2.2.3.2 Observations for a 5-second Observation Interval Regulations. Same as section 2.2.3, Method 203A, except, observe the plume momentarily at 5-second intervals.

2.3 Recording Observations. Record opacity observations to the nearest 5 percent at the prescribed interval on an observational record sheet. Each momentary observation recorded represents the average of emissions for the prescribed period. If a 5-second observation period is not specified in the applicable regulation, a 15-second interval is assumed. The overall time for which recordings are made shall be of a length appropriate to the regulation for which opacity is being measured.

2.3.1 Recording Observations for 15-second Observation Interval Regulations. Record opacity observations to the nearest 5 percent at 15-second intervals on an observational record sheet. Each momentary observation recorded represents the average of emissions for a 15-second period.

2.3.2 Recording Observations for 5-second Observation Interval Regulations. Record opacity observations to the nearest 5 percent at 5-second intervals on an observational record sheet. Each momentary observation recorded represents the average of emissions for 5-second period.

2.4 Data Reduction for Instantaneous Limitation Regulations. For an instantaneous limitation regulation, a 1-minute averaging time will be used. Divide the observations recorded on the record sheet into sets of consecutive observations. A set is composed of the consecutive observations made in 1 minute. Sets need not be consecutive in time, and in no case shall two sets overlap. Reduce opacity observations by dividing the sum of all observations recorded in a set by the number of observations recorded in each set.

2.4.1 Data Reduction for 15-second Observation Intervals. Reduce opacity observations by averaging four consecutive observations recorded at 15-second intervals. Divide the observations recorded on the record sheet into sets of four consecutive observations. For each set of four observations, calculate the average by summing the opacity of the four observations and dividing this sum by four.

2.4.2 Data Reduction for 5-second Observation Intervals. Reduce opacity observations by averaging 12 consecutive observations recorded at 5-second intervals. Divide the observations recorded on the record sheet into sets of 12 consecutive observations. For each set of 12 observations, calculate the average by summing the opacity of the 12 observations and dividing this sum by 12.

3. Qualification and Test

Same as section 3, Method 203A.

TABLE A—Smoke Meter Design and Performance Specifications

ParameterSpecification
a. Light SourceIncandescent lamp operated at nominal rated voltage.
b. Spectral response of photocellPhotopic (daylight spectral response of the human eye—Reference 4.1 of section 4.)
c. Angle of view15 degrees maximum total angle
d. Angle of projection15 degrees maximum total angle.
e. Calibration error±3 percent opacity, maximum.
f. Zero and span drift±1 percent opacity, 30 minutes.
g. Response time≤5 seconds.

B. Silt Content

Conduct the following test method to determine the silt loading and silt content of unpaved road and unpaved parking lot surfaces.

(i) Collect a sample of loose surface material from an area 30 cm by 30 cm (1 foot by 1 foot) in size to a depth of approximately 1 cm or until a hard subsurface is reached, whichever occurs first. Use a brush and dustpan or other similar device. Collect the sample from a routinely-traveled portion of the surface which receives a preponderance of vehicle traffic, i.e. as commonly evidenced by tire tracks. Conduct sweeping slowly so that fine surface material is not released into the air. Only collect samples from surfaces that are not wet or damp due to precipitation or dew.

(ii) Obtain a shallow, lightweight container and a scale with readings in half ounce increments or less. Place the scale on a level surface and zero it with the weight of the empty container. Transfer the entire sample collected to the container, minimizing escape of particles into the air. Weigh the sample and record its weight.

(iii) Obtain and stack a set of sieves with the following openings: 4 mm, 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in order according to size openings beginning with the largest size opening at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Pour the entire sample into the top sieve, minimizing escape of particles into the air by positioning the sieve/collector pan unit in an enclosed or wind barricaded area. Cover the sieve/collector pan unit with a lid. Shake the covered sieve/collector pan unit vigorously for a period of at least one (1) minute in both the horizontal and vertical planes. Remove the lid from the sieve/collector pan unit and disassemble each sieve separately beginning with the largest sieve. As each sieve is removed, examine it for a complete separation of material in order to ensure that all material has been sifted to the finest sieve through which it can pass. If not, reassemble and cover the sieve/collector pan unit and shake it for period of at least one (1) minute. After disassembling the sieve/collector pan unit, transfer the material which is captured in the collector pan into the lightweight container originally used to collect and weigh the sample. Minimize escape of particles into the air when transferring the material into the container. Weigh the container with the material from the collector pan and record its weight. Multiply the resulting weight by 0.38 if the source is an unpaved road or by 0.55 if the source is an unpaved parking lot to estimate silt loading. Divide by the total sample weight and multiply by 100 to arrive at the percent silt content.

(iv) As an alternative to conducting the procedure described above in section I.B.(ii) and section I.B.(iii) of this appendix, the sample (collected according to section I.B.(i) of this appendix) may be taken to an independent testing laboratory or engineering facility for silt loading (e.g. net weight <200 mesh) and silt content analysis according to the following test method from “Procedures For Laboratory Analysis Of Surface/Bulk Dust Loading Samples”, (Fifth Edition, Volume I, Appendix C.2.3 “Silt Analysis”, 1995), AP-42, Office of Air Quality Planning & Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina.

1. Objective—Several open dust emission factors have been found to be correlated with the silt content(<200 mesh) of the material being disturbed. The basic procedure for silt content determination is mechanical, dry sieving. For sources other than paved roads, the same sample which was oven-dried to determine moisture content is then mechanically sieved.

2.1 Procedure—Select the appropriate 20-cm (8-in.) diameter, 5-cm (2-in.) deep sieve sizes.

Recommended U. S. Standard Series sizes are 38 in., No. 4, No. 40, No. 100, No. 140, No. 200, and a pan. Comparable Tyler Series sizes can also be used. The No. 20 and the No. 200 are mandatory. The others can be varied if the recommended sieves are not available, or if buildup on 1 particulate sieve during sieving indicates that an intermediate sieve should be inserted.

2.2 Obtain a mechanical sieving device, such as a vibratory shaker or a Roto-Tap δ1 without the tapping function.

1CFR part 60, App. A, Meth. 5, 2.1.2, footnote 2.

2.3 Clean the sieves with compressed air and/or a soft brush. Any material lodged in the sieve openings or adhering to the sides of the sieve should be removed, without handling the screen roughly, if possible.

2.4 Obtain a scale (capacity of at least 1600 grams [g] or 3.5 lb) and record make, capacity, smallest division, date of last calibration, and accuracy. (See Figure A)

2.5 Weigh the sieves and pan to determine tare weights. Check the zero before every weighing. Record the weights.

2.6 After nesting the sieves in decreasing order of size, and with pan at the bottom, dump dried laboratory sample (preferably immediately after moisture analysis) into the top sieve. The sample should weigh between ¢ 400 and 1600 g (¢ 0.9 and 3.5 lb). This amount will vary for finely textured materials, and 100 to 300 g may be sufficient when 90% of the sample passes a No. 8 (2.36 mm) sieve. Brush any fine material adhering to the sides of the container into the top sieve and cover the top sieve with a special lid normally purchased with the pan.

2.7 Place nested sieves into the mechanical sieving device and sieve for 10 minutes (min). Remove pan containing minus No. 200 and weigh. Repeat the sieving at 10-min intervals until the difference between 2 successive pan sample weighings (with the pan tare weight subtracted) is less than 3.0%. Do not sieve longer than 40 min.

2.8 Weigh each sieve and its contents and record the weight. Check the zero before every weighing.

2.9 Collect the laboratory sample. Place the sample in a separate container if further analysis is expected.

2.10 Calculate the percent of mass less than the 200 mesh screen (75 micrometers [µm]). This is the silt content.

Figure A. Example silt analysis form.

Silt Analysis

Dated: _____

By: ____________

Sample No: ____ Sample Weight (after drying)

Material: ____

Pan + Sample: ______

Pan: ______

Split Sample Balance: ______

Dry Sample: _______

Make ______ Capacity: ______

Smallest Division ____

Final Weight ______

% Silt = [Net Weight <200 Mesh] ÷ [Total Net Weight × 100] =__%

Sieving

Time: Start:Weight (Pan Only)
Initial (Tare):
10 min:
20 min:
30 min:
40 min:
ScreenTare weight (screen)Final weight (screen + sample)Net weight (sample)%
38 in
4 mesh
10 mesh
20 mesh
40 mesh
100 mesh
140 mesh
200 mesh
Pan

(v) The silt loading and percent silt content for any given unpaved road surface or unpaved parking lot surface shall be based on the average of at least three (3) samples that are representative of routinely-traveled portions of the road or parking lot surface. In order to simplify the sieve test procedures in section I.B.(ii) and section I.B.(iii) of this appendix, the three samples may be combined as long as all material is sifted to the finest sieve through which it can pass, each sample weighs within 1 ounce of the other two samples, and the combined weight of the samples and unit area from which they were collected is calculated and recorded accurately.

II. Vacant Lots

The following test methods shall be used for determining whether a vacant lot, or portion thereof, has a stabilized surface.

Should a disturbed vacant lot contain more than one type of disturbance, soil, vegetation or other characteristics which are visibly distinguishable, test each representative surface for stability separately in random areas according to the test methods in section II. of this appendix and include or eliminate it from the total size assessment of disturbed surface area(s) depending upon test method results. A vacant lot surface shall be considered stabilized if any of the test methods in section II. of this appendix indicate that the surface is stabilized such that the conditions defined in paragraph (b)(16)(ii) of this section are met:

1. Visible Crust Determination

(i) Where a visible crust exists, drop a steel ball with a diameter of 15.9 millimeters (0.625 inches) and a mass ranging from 16 to 17 grams from a distance of 30 centimeters (one foot) directly above (at a 90 degree angle perpendicular to) the soil surface. If blowsand is present, clear the blowsand from the surfaces on which the visible crust test method is conducted. Blowsand is defined as thin deposits of loose uncombined grains covering less than 50 percent of a vacant lot which have not originated from the representative vacant lot surface being tested. If material covers a visible crust which is not blowsand, apply the test method in section II.2 of this appendix to the loose material to determine whether the surface is stabilized.

(ii) A sufficient crust is defined under the following conditions: once a ball has been dropped according to section II.1.(i) of this appendix, the ball does not sink into the surface so that it is partially or fully surrounded by loose grains and, upon removing the ball, the surface upon which it fell has not been pulverized so that loose grains are visible.

(iii) Conduct three tests, dropping the ball once per test, within a survey area the size of one foot by one foot. The survey area shall be considered sufficiently crusted if at least two out of three tests meet the definition in section II.1.(ii) of this appendix. Select at least two other survey areas that represent the disturbed surface area and repeat this procedure. Whether a sufficient crust covers the disturbed surface area shall be based on a determination that all of the survey areas tested are sufficiently crusted.

(iv) At any given site, the existence of a sufficient crust covering one portion of a disturbed surface may not represent the existence or protectiveness of a crust on another disturbed surface(s). Repeat the visible crust test as often as necessary on each representative disturbed surface area for an accurate assessment of all disturbed surfaces at a given site.

2. Determination of Threshold Friction Velocity (TFV)

For disturbed surface areas that are not crusted or vegetated, determine threshold friction velocity (TFV) according to the following sieving field procedure (based on a 1952 laboratory procedure published by W. S. Chepil).

(i) Obtain and stack a set of sieves with the following openings: 4 millimeters (mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in order according to size openings beginning with the largest size opening at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Collect a sample of loose surface material from an area at least 30 cm by 30 cm in size to a depth of approximately 1 cm using a brush and dustpan or other similar device. Only collect soil samples from dry surfaces (i.e. when the surface is not damp to the touch). Remove any rocks larger than 1 cm in diameter from the sample. Pour the sample into the top sieve (4 mm opening) and cover the sieve/collector pan unit with a lid. Minimize escape of particles into the air when transferring surface soil into the sieve/collector pan unit. Move the covered sieve/collector pan unit by hand using a broad, circular arm motion in the horizontal plane. Complete twenty circular arm movements, ten clockwise and ten counterclockwise, at a speed just necessary to achieve some relative horizontal motion between the sieves and the particles. Remove the lid from the sieve/collector pan unit and disassemble each sieve separately beginning with the largest sieve. As each sieve is removed, examine it for loose particles. If loose particles have not been sifted to the finest sieve through which they can pass, reassemble and cover the sieve/collector pan unit and gently rotate it an additional ten times. After disassembling the sieve/collector pan unit, slightly tilt and gently tap each sieve and the collector pan so that material aligns along one side. In doing so, minimize escape of particles into the air. Line up the sieves and collector pan in a row and visibly inspect the relative quantities of catch in order to determine which sieve (or whether the collector pan) contains the greatest volume of material. If a visual determination of relative volumes of catch among sieves is difficult, use a graduated cylinder to measure the volume. Estimate TFV for the sieve catch with the greatest volume using Table 1, which provides a correlation between sieve opening size and TFV.

Table 1 (Metric Units)—Determination of Threshold Friction Velocity (TFV)

Tyler Sieve No.Opening (mm)TFV (cm/s)
54>100
102100
18176
350.558
600.2543
Collector Pan30

Collect at least three (3) soil samples which are representative of the disturbed surface area, repeat the above TFV test method for each sample and average the resulting TFVs together to determine the TFV uncorrected for non-erodible elements.

(ii) Non-erodible elements are distinct elements on the disturbed surface area that are larger than one (1) cm in diameter, remain firmly in place during a wind episode and inhibit soil loss by consuming part of the shear stress of the wind. Non-erodible elements include stones and bulk surface material but do not include flat or standing vegetation. For surfaces with non-erodible elements, determine corrections to the TFV by identifying the fraction of the survey area, as viewed from directly overhead, that is occupied by non-erodible elements using the following procedure. Select a survey area of one (1) meter by 1 meter. Where many non-erodible elements lie on the disturbed surface area, separate them into groups according to size. For each group, calculate the overhead area for the non-erodible elements according to the following equations:

(Average length) × (Average width) = Average Dimensions      Eq. 1

(Average Dimensions) × (Number of Elements) = Overhead Area      Eq. 2

Overhead Area of Group 1 + Overhead Area of Group 2 (etc.) = Total Overhead Area      Eq. 3

Total Overhead Area/2 = Total Frontal Area Eq. 4

(Total Frontal Area/Survey Area) × 100 = Percent Cover of Non-erodible Elements      Eq. 5

(Ensure consistent units of measurement, e.g. square meters or square inches when calculating percent cover.)

Repeat this procedure on an additional two (2) distinct survey areas representing a disturbed surface and average the results. Use Table 2 to identify the correction factor for the percent cover of non-erodible elements. Multiply the TFV by the corresponding correction factor to calculate the TFV corrected for non-erodible elements.

Table 2—Correction Factors for Threshold Friction Velocity

Percent cover of non-erodible elementsCorrection factor
≥10%5
≥5% and <10%3
<5% and ≥1%2
<1%None.

3. Determination of Flat Vegetation Cover

Flat vegetation includes attached (rooted) vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind. Flat vegetation which is dead but firmly attached shall be considered equally protective as live vegetation. Stones or other aggregate larger than one centimeter in diameter shall be considered protective cover in the course of conducting the line transect method. Where flat vegetation exists, conduct the following line transect method.

(i) Stretch a one-hundred (100) foot measuring tape across a disturbed surface area. Firmly anchor both ends of the measuring tape into the surface using a tool such as a screwdriver with the tape stretched taut and close to the soil surface. If vegetation exists in regular rows, place the tape diagonally (at approximately a 45 degree angle) away from a parallel or perpendicular position to the vegetated rows. Pinpoint an area the size of a 332 inch diameter brazing rod or wooden dowel centered above each one-foot interval mark along one edge of the tape. Count the number of times that flat vegetation lies directly underneath the pinpointed area at one-foot intervals. Consistently observe the underlying surface from a 90 degree angle directly above each pinpoint on one side of the tape. Do not count the underlying surface as vegetated if any portion of the pinpoint extends beyond the edge of the vegetation underneath in any direction. If clumps of vegetation or vegetative debris lie underneath the pinpointed area, count the surface as vegetated unless bare soil is visible directly below the pinpointed area. When 100 observations have been made, add together the number of times a surface was counted as vegetated. This total represents the percent of flat vegetation cover (e.g. if 35 positive counts were made, then vegetation cover is 35 percent). If the disturbed surface area is too small for 100 observations, make as many observations as possible. Then multiply the count of vegetated surface areas by the appropriate conversion factor to obtain percent cover. For example, if vegetation was counted 20 times within a total of 50 observations, divide 20 by 50 and multiply by 100 to obtain a flat vegetation cover of 40 percent.

(ii) Conduct the above line transect test method an additional two (2) times on areas representative of the disturbed surface and average results.

4. Determination of Standing Vegetation Cover

Standing vegetation includes vegetation that is attached (rooted) with a predominant vertical orientation. Standing vegetation which is dead but firmly rooted shall be considered equally protective as live vegetation. Conduct the following standing vegetation test method to determine if 30 percent cover or more exists. If the resulting percent cover is less than 30 percent but equal to or greater than 10 percent, then conduct the Threshold Friction Velocity test in section II.2 of this appendix in order to determine whether the disturbed surface area is stabilized according to paragraph (b)(16)(ii)(E) of this section.

(i) For standing vegetation that consists of large, separate vegetative structures (for example, shrubs and sagebrush), select a survey area representing the disturbed surface that is the shape of a square with sides equal to at least ten (10) times the average height of the vegetative structures. For smaller standing vegetation, select a survey area of three (3) feet by 3 feet.

(ii) Count the number of standing vegetative structures within the survey area. Count vegetation which grows in clumps as a single unit. Where different types of vegetation exists and/or vegetation of different height and width exists, separate the vegetative structures with similar dimensions into groups. Count the number of vegetative structures in each group within the survey area. Select an individual structure within each group that represents the average height and width of the vegetation in the group. If the structure is dense (i.e. when looking at it vertically from base to top there is little or zero open air space within its perimeter), calculate and record its frontal silhouette area according to Equation 6 of this appendix. Also use Equation 6 if the survey area is larger than nine square feet, estimating the average height and width of the vegetation. Otherwise, use the procedure in section II.4.(iii) of this appendix to calculate the Frontal Silhouette Area. Then calculate the percent cover of standing vegetation according to Equations 7, 8 and 9 of this appendix. (Ensure consistent units of measurement, e.g. square feet or square inches when calculating percent cover.)

(iii) Vegetative Density Factor. Cut a single, representative piece of vegetation (or consolidated vegetative structure) to within 1 cm of surface soil. Using a white paper grid or transparent grid over white paper, lay the vegetation flat on top of the grid (but do not apply pressure to flatten the structure). Grid boxes of one inch or one half inch squares are sufficient for most vegetation when conducting this procedure. Using a marker or pencil, outline the shape of the vegetation along its outer perimeter according to Figure B, C or D of this appendix, as appropriate. (Note: Figure C differs from Figure D primarily in that the width of vegetation in Figure C is narrow at its base and gradually broadens to its tallest height. In Figure D, the width of the vegetation generally becomes narrower from its midpoint to its tallest height.) Remove the vegetation and count and record the total number of gridline intersections within the outlined area, but do not count gridline intersections that connect with the outlined shape. There must be at least 10 gridline intersections within the outlined area and preferably more than 20, otherwise, use smaller grid boxes. Draw small circles (no greater than a 332 inch diameter) at each gridline intersection counted within the outlined area. Replace the vegetation on the grid within its outlined shape. From a distance of approximately two feet directly above the grid, observe each circled gridline intersection. Count and record the number of circled gridline intersections that are not covered by any piece of the vegetation. To calculate percent vegetative density, use Equations 10 and 11 of this appendix. If percent vegetative density is equal to or greater than 30, use the equation (Eq. 14, 15 or 16) that matches the outline used to trace the vegetation (Figure B, C or D) to calculate its Frontal Silhouette Area. If percent vegetative density is less than 30, use Equations 12 and 13 of this appendix to calculate the Frontal Silhouette Area.

(iv) Within a disturbed surface area that contains multiple types of vegetation with each vegetation type uniformly distributed, results of the percent cover associated with the individual vegetation types may be added together.

(v) Repeat this procedure on an additional two (2) distinct survey areas representing the disturbed surface and average the results.

Height × Width = Frontal Silhouette Area      Eq. 6

(Frontal Silhouette Area of Individual Vegetative Structure) × Number of Vegetation Structures Per Group = Group Frontal Silhouette Area of Group      Eq. 7

Frontal Silhouette Area of Group 1 + Frontal Silhouette Area of Group 2 (etc.) = Total Frontal Silhouette Area      Eq. 8

(Total Frontal Silhouette Area/Survey Area) × 100 = Percent Cover of Standing Vegetation      Eq. 9

[(Number of circled gridlines within the outlined area counted that are not covered by vegetation / Total number of gridline intersections within the outlined area) × 100] = Percent Open Space      Eq. 10

100 = Percent Open Space = Percent Vegetative Density      Eq. 11

Percent Vegetative Density/100 = Vegetative Density      Eq. 12

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Alternative Test Methods

Alternative test methods may be used upon obtaining the written approval of the EPA.

[64 FR 71308, Dec. 21, 1999]

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§52.129   Review of new sources and modifications.

(a) [Reserved]

(b) National standards not met. The requirements of §51.160(a) of this chapter are not met in the Pima Intrastate Region since the Rules and Regulations of the Pima County Air Pollution Control District are not adequate to prevent construction or modification of a source which would interfere with the attainment or maintenance of the national standards.

(c) Regulation for review of new sources and modifications. (1) The requirements of this paragraph are applicable to any stationary source in the Pima Intrastate Region (§81.269 of this chapter), the construction or modification of which is commenced after the effective date of this regulation.

(2) No owner or operator shall commence construction or modification of any new source after the effective date of this regulation without first obtaining approval from the Administrator of the location of such source.

(i) Application for approval to construct or modify shall be made on forms furnished by the Administrator, or by other means prescribed by the Administrator.

(ii) A separate application is required for each source.

(iii) Each application shall be signed by the applicant.

(iv) Each application shall be accompanied by site information, stack data, and the nature and amount of emissions. Such information shall be sufficient to enable the Administrator to make any determination pursuant to paragraph (c)(3) of this section.

(v) Any additional information, plans, specifications, evidence or documentation that the Administrator may require shall be furnished upon request.

(3) No approval to construct or modify will be granted unless the applicant shows to the satisfaction of the Administrator that the source will not prevent or interfere with attainment or maintenance of any national standard.

(4)(i) Within twenty (20) days after receipt of an application to construct, or any addition to such application, the Administrator shall advise the owner or operator of any deficiency in the information submitted in support of the application. In the event of such a deficiency, the date of receipt of the application for the purpose of paragraph (c)(4)(ii) of this section, shall be the date on which all required information is received by the Administrator.

(ii) Within thirty (30) days after receipt of a complete application, the Administrator shall:

(a) Make a preliminary determination whether the source should be approved, approved with conditions, or disapproved.

(b) Make available in at least one location in each region in which the proposed source would be constructed, a copy of all materials submitted by the owner or operator, a copy of the Administrator's preliminary determination and a copy or summary of other materials, if any, considered by the Administrator in making his preliminary determination; and

(c) Notify the public, by prominent advertisement in a newspaper of general circulation in each region in which the proposed source would be constructed, of the opportunity for written public comment on the information submitted by the owner or operator and the Administrator's preliminary determination on the approvability of the source.

(iii) A copy of the notice required pursuant to this paragraph shall be sent to the applicant and to state and local air pollution control agencies, having cognizance over the location where the source will be situated.

(iv) Public comments submitted in writing within thirty (30) days after the date such information is made available shall be considered by the Administrator in making his final decision on the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comment submitted by the public. The Administrator shall consider the applicant's response in making his final decision. All comments shall be made available for public inspection in at least one location in the region in which the source would be located.

(v) The Administrator shall take final action on an application within thirty (30) days after the close of the public comment period. The Administrator shall notify the applicant in writing of his approval, conditional approval, or denial of the application, and shall set forth his reasons for conditional approval or denial. Such notification shall be made available for public inspection in at least one location in the region in which the source would be located.

(vi) The Administrator may extend each of the time periods specified in paragraph (c)(4) (ii), (iv) or (v) of this section by no more than 30 days, or such other period as agreed to by the applicant and the Administrator.

(5) The Administrator may cancel an approval if the construction is not begun within 2 years from the date of issuance, or if during the construction, work is suspended for 1 year.

(6) Approval to construct or modify shall not relieve any owner or operator of the responsibility to comply with any local, State or Federal regulation which is part of the applicable plan.

(7) Approval to construct or modify shall not be required for:

(i) The installation or alteration of an air pollutant detector, air pollutants recorder, combustion controller, or combustion shutoff.

(ii) Airconditioning or ventilating systems not designed to remove air pollutants generated by or released from equipment.

(iii) Fuel burning equipment, other than smokehouse generators, which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and burns only gaseous fuel containing not more than 20.0 grain H2 S per 100 stdft3 (45.8 g/100 stdm3); has a heat input of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel.

(iv) Mobile internal combustion engines.

(v) Laboratory equipment used exclusively for chemical or physical analysis.

(vi) Other sources of minor significance specified by the Administrator.

(8) Any owner or operator who constructs, modifies, or operates a stationary source not in accordance with the application, as approved and conditioned by the Administrator, or any owner or operator of a stationary source subject to this paragraph who commences construction or modification without applying for and receiving approval hereunder, shall be subject to enforcement action under section 113 of the Act.

(d) Regulation for review of new sources and modifications: Federal Regulations. (1) This requirement is applicable to any stationary source subject to the requirements of §52.126(b), the construction or modification of which is commenced after the effective date of this regulation.

(2) No owner or operator shall commence construction or modification of any stationary source after the effective date of this regulation, without first obtaining approval from the Administrator of the location and design of such source.

(i) Application for approval to construct or modify shall be made on forms furnished by the Administrator, or by other means prescribed by the Administrator.

(ii) A separate application is required for each source.

(iii) Each application shall be signed by the applicant.

(iv) Each application shall be accompanied by site information, plans, descriptions, specifications, and drawings showing the design of the source, the nature and amount of emissions, and the manner in which it will be operated and controlled.

(v) Any additional information, plans, specifications, evidence, or documentation that the Administrator may require shall be furnished upon request.

(3) No approval to construct or modify will be granted unless the applicant shows to the satisfaction of the Administrator that the source will operate without causing a violation of §52.126(b).

(4)(i) Within twenty (20) days after receipt of an application to construct, or any addition to such application, the Administrator shall advise the owner or operator of any deficiency in the information submitted in support of the application. In the event of such a deficiency, the date of receipt of the application for the purpose of paragraph (d)(4)(ii) of this section, shall be the date on which all required information is received by the Administrator.

(ii) Within thirty (30) days after receipt of a complete application, the Administrator shall:

(a) Make a preliminary determination whether the source should be approved, approved with conditions, or disapproved.

(b) Make available in at least one location in each region in which the proposed source would be constructed, a copy of all materials submitted by the owner or operator, a copy of the Administrator's preliminary determination and a copy or summary of other materials, if any, considered by the Administrator in making his preliminary determination; and

(c) Notify the public, by prominent advertisement in a newspaper of general circulation in each region in which the proposed source would be constructed, of the opportunity for written public comment on the information submitted by the owner or operator and the Administrator's preliminary determination on the approvability of the source.

(iii) A copy of the notice required pursuant to this paragraph shall be sent to the applicant and to state and local air pollution control agencies, having cognizance over the location where the source will be situated.

(iv) Public comments submitted in writing within thirty (30) days after the date such information is made available shall be considered by the Administrator in making his final decision on the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comment submitted by the public. The Administrator shall consider the applicant's response in making his final decision. All comments shall be made available for public inspection in at least one location in the region in which the source would be located.

(v) The Administrator shall take final action on an application within thirty (30) days after the close of the public comment period. The Administrator shall notify the applicant in writing of his approval, conditional approval, or denial of the application, and shall set forth his reasons for conditional approval or denial. Such notification shall be made available for public inspection in at least one location in the region in which the source would be located.

(vi) The Administrator may extend each of the time periods specified in paragraph (d)(4)(ii), (iv) or (v) of this section by no more than 30 days, or such other period as agreed to by the applicant and the Administrator.

(5) The Administrator may impose any reasonable conditions upon an approval including conditions requiring the source to be provided with:

(i) Sampling ports of a size, number, and location as the Administrator may require,

(ii) Safe access to each port,

(iii) Instrumentation to monitor and record emission data, and

(iv) Any other sampling and testing facilities.

(6) The Administrator may cancel an approval if the construction is not begun within 2 years from the date of issuance, or if during the construction, work is suspended for 1 year.

(7) Any owner or operator subject to the provisions of this regulation shall furnish the Administrator written notification as follows:

(i) A notification of the anticipated date of initial startup of source not more than 60 days or less than 30 days prior to such date.

(ii) A notification of the actual date of initial startup of a source within 15 days after such date.

(8) Within 60 days after achieving the maximum production rate at which the source will be operated but not later than 180 days after initial startup of such source, the owner or operator of such source shall conduct a performance test(s) in accordance with the methods and under operating conditions approved by the Administrator and furnish the Administrator a written report of the results of such performance test.

(i) Such test shall be at the expense of the owner or operator.

(ii) The Administrator may monitor such test and also may conduct performance tests.

(iii) The owner or operator of a source shall provide the Administrator 15 days prior notice of the performance test to afford the Administrator the opportunity to have an observer present.

(iv) The Administrator may waive the requirement for performance tests if the owner or operator of a source has demonstrated by other means to the Administrator's satisfaction that the source is being operated in compliance with the requirements of §52.126(b).

(9) Approval to construct or modify shall not relieve the owner or operator of the responsibility to comply with all local, State, or Federal regulations which are part of the applicable plan.

(10) Approval to construct or modify shall not be required for:

(i) The installation or alteration of an air pollutant detector, air pollutants recorder, combustion controller, or combustion shutoff.

(ii) Air-conditioning or ventilating systems not designed to remove air pollutants generated by or released from equipment.

(iii) Fuel burning equipment, other than smokehouse generators, which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and burns only gaseous fuel containing not more than 20.0 grain H2 S per 100 stdft3 (45.8 g/100 stdm3); has a heat input of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel.

(iv) Mobile internal combustion engines.

(v) Laboratory equipment used exclusively for chemical or physical analyses.

(vi) Other sources of minor significance specified by the Administrator.

(11) Any owner or operator who constructs, modifies, or operates a stationary source not in accordance with the application, as approved and conditioned by the Administrator, or any owner or operator of a stationary source subject to this paragraph who commences construction or modification without applying for and receiving approval hereunder, shall be subject to enforcement action under section 113 of the Act.

(e) Delegation of authority. (1) The Administrator shall have the authority to delegate responsibility for implementing the procedures for conducting source review pursuant to this section in accordance with paragraphs (g) (2), (3), and (4) of this section.

(2) Where the Administrator delegates the responsibility for implementing the procedures for conducting source review pursuant to this section to any Agency, other than a Regional Office of the Environmental Protection Agency, a copy of the notice pursuant to paragraphs (c)(4)(iii) and (d)(4)(iii) of this section shall be sent to the Administrator through the appropriate Regional Office.

(3) In accordance with Executive Order 11752, the Administrator's authority for implementing the procedures for conducting source review pursuant to this section shall not be delegated, other than to a Regional Office of the Environmental Protection Agency, for new or modified sources which are owned or operated by the Federal government or for new or modified sources located on Federal lands; except that, with respect to the latter category, where new or modified sources are constructed or operated on Federal lands pursuant to leasing or other Federal agreements, the Federal Land Manager may at his discretion, to the extent permissible under applicable statutes and regulations, require the lessee or permittee to be subject to new source review requirements which have been delegated to a state or local agency pursuant to this paragraph.

(4) The Administrator's authority for implementing the procedures for conducting source review pursuant to this section shall not be redelegated, other than to a Regional Office of the Environmental Protection Agency, for new or modified sources which are located in Indian reservations except where the State has assumed jurisdiction over such land under other laws, in which case the Administrator may delegate his authority to the States in accordance with paragraphs (g)(2), (3), and (4) of this section.

[37 FR 15081, July 27, 1972, as amended at 38 FR 12705, May 14, 1973; 39 FR 7279, Feb. 25, 1974; 39 FR 28285, Aug. 8, 1974; 40 FR 50268, Oct. 29, 1975; 45 FR 67346, Oct. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR 33922, June 29, 1995]

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§52.130   Source surveillance.

(a) The requirements of §51.211 of this chapter are not met since the plan does not contain legally enforceable procedures for requiring sources in the Northern Arizona, Mohave-Yuma, Central Arizona, and Southeast Arizona Intrastate Regions to maintain records of and periodically report on the nature and amounts of emissions.

(b) The requirements of §51.213 of this chapter are not met because the plan does not provide procedures for obtaining and maintaining data on actual emission reductions achieved as a result of implementing transportation control measures.

(c) Regulation for source recordkeeping and reporting. (1) The owner or operator of any stationary source in the Northern Arizona, Mohave-Yuma, Central Arizona, or Southeast Arizona Intrastate Region (§§81.270, 81.268, 81.271, and 81.272 of this chapter) shall, upon notification from the Administrator, maintain records of the nature and amounts of emissions from such source or any other information as may be deemed necessary by the Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures.

(2) The information recorded shall be summarized and reported to the Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31, except that the initial reporting period shall commence on the date the Administrator issues notification of the recordkeeping requirements.

(3) Information recorded by the owner or operator and copies of the summarizing reports submitted to the Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted.

(4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures. All such emission data will be available during normal business hours at the regional office (region IX). The Administrator will designate one or more places in Arizona where such emission data and correlations will be available for public inspection.

(d) The requirements of §51.214 of this chapter are not met since the plan does not contain legally enforceable procedures for requiring certain stationary sources subject to emission standards to install, calibrate, operate, and maintain equipment for continuously monitoring and recording emissions, and to provide other information as specified in Appendix P of part 51 of this chapter.

(e) The requirements of §51.214 of this chapter are not met since the plan does not provide sufficient regulations to meet the minimum specifications of Appendix P in the Maricopa Intrastate Region. Additionally, Maricopa County Air Pollution Control Regulation IV, rule 41, paragraph B, sections 6.0-6.4 (Special Consideration) is disapproved since it does not contain the specific criteria for determining those physical limitations or extreme economic situations where alternative monitoring requirements would be applicable.

[37 FR 15081, July 27, 1972]

Editorial Note: For Federal Register citations affecting §52.130, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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§52.131   Control Strategy and regulations: Fine Particle Matter.

(a) Determination of Attainment: Effective February 6, 2013, EPA has determined that, based on 2009 to 2011 ambient air quality data, the Nogales PM2.5 nonattainment area has attained the 2006 24-hour PM2.5 NAAQS. This determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment for as long as this area continues to attain the 2006 24-hour PM2.5 NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2006 PM2.5 NAAQS, the corresponding determination of attainment for that area shall be withdrawn.

(b) Determination of Attainment: Effective October 4, 2013, EPA has determined that, based on 2010 to 2012 ambient air quality data, the West Central Pinal PM2.5 nonattainment area has attained the 2006 24-hour PM2.5 NAAQS. This determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment for as long as this area continues to attain the 2006 24-hour PM2.5 NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2006 PM2.5 NAAQS, the corresponding determination of attainment for that area shall be withdrawn.

(c) Determination of attainment. Effective June 9, 2017, the EPA has determined that, based on 2013 to 2015 ambient air quality data, the Nogales, AZ PM2.5 nonattainment area has attained the 2006 24-hour PM2.5 NAAQS by the applicable attainment date of December 31, 2015. Therefore, the EPA has met the requirement pursuant to CAA section 188(b)(2) to determine whether the area attained the standard. The EPA also has determined that the Nogales, AZ nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 188(b)(2).

[78 FR 889, Jan. 7, 2013, as amended at 78 FR 54396, Sept. 4, 2013; 82 FR 21715, May 10, 2017]

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§52.132   [Reserved]

§52.133   Rules and regulations.

(a) Regulation 7-1-1.4(A) (Exceptions) of the Arizona Rules and Regulations for Air Pollution Control, regulations 12-3-2 (Emission Standards) of the Coconino County Rules and Regulations for Air Pollution Control, section 3, regulation 5 (Exceptions) of the Mohave County Air Pollution Control Regulations, regulation 8-1-1.6 (Exceptions) of the Yuma County Air Pollution Control Regulations, and regulation 7-1-2.8 (Exceptions) of the Rules and Regulations for Pinal-Gila Counties Air Quality Control District all provide for an exemption from enforcement action if the violation is attributable to certain events. These events are too broad in scope and the source can obtain the exemption merely by reporting the occurrence. Therefore, the above regulations are disapproved since these regulations make all approved emission limiting regulations potentially unenforceable.

(b) Paragraph E of regulation 7-1-1.3 (R9-3-103) (Air Pollution Prohibited) prohibits any person from causing ground level concentrations to exceed ambient standards outside the boundaries of this operation. This regulation could allow violations of ambient air quality standards to occur in areas to which the public has access, contrary to the requirements of section 110(a)(1) of the Clean Air Act. Therefore, paragraph E of regulation 7-1-1.3 (R9-3-103) of the Arizona Rules and Regulations for Air Pollution Control is disapproved.

(c) The requirements of subpart G and §51.281 of this chapter are not met since the plan does not provide any enforceable regulations and a demonstration that such regulations will cause the attainment and maintenance of national ambient air quality standards in Graham and Greenlee Counties.

(d) Section 3, regulation 4 (Ground Level Concentrations) of the Mohave County Air Pollution Control Regulations, paragraph E of regulation 8-1-1.3 (Air Pollution Prohibited) of the Yuma County Air Pollution Control Regulations, and paragraph C of regulation 7-1-1.3 (Air Pollution Prohibited) of the Rules and Regulations for Pinal-Gila Counties Air Quality Control District prohibits any person from causing ground level concentrations to exceed ambient standards outside the boundaries of his operation. These regulations could allow violations of ambient air quality standards to occur in areas to which the general public has access, contrary to the requirements of section 110(a)(1) of the Clean Air Act. Therefore, these regulations are disapproved.

(e) Rule R18-2-702 of the Arizona Department of Environmental Quality Rules and Regulations sets an opacity standard for emissions from stationary sources of PM-10. The standard does not fulfill the RACM/RACT requirements of section 189(a) of the CAA. The rule also does not comply with enforceability requirements of section 110(a) and SIP relaxation requirements of sections 110(l) and 193. Therefore, Rule R18-2-702 submitted on July 15, 1998 is disapproved.

(f) Rules 1-3-130 and 3-1-020 submitted on November 27, 1995 of the Pinal County Air Quality Control District regulations have limited enforceability because they reference rules not contained in the Arizona State Implementation Plan. Therefore, these rules are removed from the Arizona State Implementation Plan.

(g) Rules 1-2-110, 1-3-130, 3-1-020, and 4-1-010 submitted on October 7, 1998 of the Pinal County Air Quality Control District regulations have limited enforceability because they reference rules not contained in the Arizona State Implementation Plan. Therefore, these rules are disapproved.

[37 FR 15082, July 27, 1972, as amended at 43 FR 33247, July 31, 1978; 43 FR 53035, Nov. 15, 1978; 51 FR 40676, 40677, Nov. 7, 1986; 67 FR 59460, Sept. 23, 2002; 67 FR 68767, Nov. 13, 2002]

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§52.134   Compliance schedules.

(a) Federal compliance schedule. (1) Except as provided in paragraph (a)(2) of this section, the owner or operator of any stationary source subject to §52.126(b) shall comply with such regulation on or before January 31, 1974. The owner or operator of the source subject to §52.125(c) shall comply with such regulation at initial start-up of such source unless a compliance schedule has been submitted pursuant to paragraph (a)(2) of this section.

(i) Any owner or operator in compliance with §52.126(b) on the effective date of this regulation shall certify such compliance to the Administrator no later than 120 days following the effective date of this paragraph.

(ii) Any owner or operator who achieves compliance with §52.125(c) or §52.126(b) after the effective date of this regulation shall certify such compliance to the Administrator within 5 days of the date compliance is achieved.

(2) Any owner or operator of the stationary source subject to §52.125(c) and paragraph (a)(1) of this section may, no later than July 23, 1973, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with §52.125(c) as expeditiously as practicable but not later than July 31, 1977. Any owner or operator of a stationary source subject to §52.126(b) and paragraph (a)(1) of this section may, no later than 120 days following the effective date of this paragraph, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with §52.126(b) as expeditiously as practicable but not later than July 31, 1975.

(i) The compliance schedule shall provide for periodic increments of progress toward compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Submittal of the final control plan to the Administrator; letting of necessary contracts for construction or process change, or issuance of orders for the purchase of component parts to accomplish emission control equipment or process modification; completion of onsite construction or installation of emission control equipment or process modification; and final compliance.

(ii) Any compliance schedule for the stationary source subject to §52.125(c) which extends beyond July 31, 1975, shall apply any reasonable interim measures of control designed to reduce the impact of such source on public health.

(3) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met.

[38 FR 12705, May 14, 1973, as amended at 39 FR 10584, Mar. 21, 1974; 39 FR 43277, Dec. 12, 1974; 40 FR 3994, Jan. 27, 1975; 54 FR 25258, June 14, 1989]

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§52.135   Resources.

(a) The requirements of §51.280 of this chapter are not met because the transportation control plan does not contain a sufficient description of resources available to the State and local agencies and of additional resources needed to carry out the plan during the 5-year period following submittal.

[38 FR 16564, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986]

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§52.136   Control strategy for ozone: Oxides of nitrogen.

EPA is approving an exemption request submitted by the State of Arizona on April 13, 1994 for the Maricopa County ozone nonattainment area from the NOX RACT requirements contained in section 182(f) of the Clean Air Act. This approval exempts the Phoenix area from implementing the NOX requirements for RACT, new source review (NSR), and the applicable general and transportation conformity and inspection and maintenance (I/M) requirements of the CAA. The exemption is based on Urban Airshed Modeling as lasts for only as long as the area's modeling continues to demonstrate attainment without NOX reductions from major stationary sources.

[60 FR 19515, Apr. 19, 1995]

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§52.137   [Reserved]

§52.138   Conformity procedures.

(a) Purpose. The purpose of this regulation is to provide procedures as part of the Arizona carbon monoxide implementation plans for metropolitan transportation planning organizations (MPOs) to use when determining conformity of transportation plans, programs, and projects. Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) prohibits MPOs from approving any project, program, or plan which does not conform to an implementation plan approved or promulgated under section 110.

(b) Definitions.

(1) Applicable implementation plan or applicable plan means the portion (or portions) of the implementation plan, or most recent revision thereof, which has been approved under section 110 of the Clean Air Act, 42 U.S.C. 7410, or promulgated under section 110(c) of the CAA, 42 U.S.C. 7410(c).

(2) Carbon monoxide national ambient air quality standard (CO NAAQS) means the standards for carbon monoxide promulgated by the Administrator under section 109, 42 U.S.C. 7409, of the Clean Air Act and found in 40 CFR 50.8

(3) Cause means resulting in a violation of the CO NAAQS in an area which previously did not have ambient CO concentrations above the CO NAAQS.

(4) Contribute means resulting in measurably higher average 8-hour ambient CO concentrations over the NAAQS or an increased number of violations of the NAAQS in an area which currently experiences CO levels above the standard.

(5) Metropolitan planning organization (MPO) means the organization designated under 23 U.S.C. 134 and 23 CFR part 450.106. For the specific purposes of this regulation, MPO means either the Maricopa Association of Governments or the Pima Association of Governments.

(6) Nonattainment area means for the specific purpose of this regulation either the Pima County carbon monoxide nonattainment area as described in 40 CFR 81.303 or the Maricopa County carbon monoxide nonattainment area as described in 40 CFR 81.303 (i.e., the MAG urban planning area).

(7) Transportation control measure (TCM) means any measure in an applicable implementation plan which is intended to reduce emissions from transportation sources.

(8) Transportation improvement program (TIP) means the staged multiyear program of transportation improvements including an annual (or biennial) element which is required in 23 CFR part 450.

(9) Unified planning work program or UPWP means the program required by 23 CFR 450.108(c) and endorsed by the metropolitan planning organization which describes urban transportation and transportation-related planning activities anticipated in the area during the next 1- to 2-year period including the planning work to be performed with federal planning assistance and with funds available under the Urban Mass Transportation Act (49 U.S.C.) section 9 or 9A. UPWPs are also known as overallwork programs or OWPs.

(c) Applicability. These procedures shall apply only to the Maricopa Association of Governments in its role as the designated metropolitan planning organization for Maricopa County, Arizona, and the Pima Association of Governments in its role as the designated metropolitan planning organization for Pima County, Arizona.

(d) Procedures—(1) Transportation Plans and Transportation Improvement Programs—(i) Documentation. The MPO shall prepare for each transportation plan and program (except for the unified planning work program), as part of the plan or program, a report documenting for each plan and program the following information:

(A) the disaggregated population projections and employment which were assumed in:

(1) the applicable plan, and

(2) the transportation plan/program;

(B) the levels of vehicle trips, vehicle miles traveled, and congestion that were:

(1) assumed in the applicable plan, and

(2) expected to result from the implementation of the plan/program over the period covered by the applicable plan considering any growth likely to result from the implementation of the plan/program;

(C) for each major transportation control measure in the applicable implementation plan;

(1) the TCM's implementation schedule and, if determined in the applicable plan, expected effectiveness in reducing CO emissions,

(2) the TCM's current implementation status and, if feasible, its current effectiveness in reducing CO emissions, and

(3) actions in the plan/program which may beneficially or adversely affect the implementation and/or effectiveness of the TCM;

(D) the CO emission levels resulting from the implementation of the plan/program over the period covered by the applicable plan considering any growth likely to result from the implementation of the plan/program; and

(E) the ambient CO concentration levels, micro-scale and regional, resulting from the implementation of the plan/program over the period covered by the applicable plan considering any growth likely to result from the implementation of the plan or program.

(ii) Findings. Prior to approving a transportation plan/program, the MPO shall determine if the plan/program conforms to the applicable implementation plan. In making this determination, the MPO shall make and support each of the following findings for each transportation plan and program using the information documented in paragraph (d)(1)(i) of this section:

(A) that implementation of the transportation plan/program will provide for the implementation of TCMs in the applicable plan on the schedule set forth in the applicable plan;

(B) that CO emission levels, microscale and regional, resulting from the implementation of the plan/program will not delay attainment or achievement of any interim emission reductions needed for attainment and/or interfere with maintenance of the CONAAQS throughout the nonattainment area during the period covered by the applicable plan; and

(C) that implementation of the plan/program would not cause or contribute to a violation of the CO NAAQS anywhere within the nonattainment area during the period covered by the applicable plan.

(2) Amendments to a Transportation Plan or Transportation Implementation Program. Prior to approving any amendment to a transportation plan or program, the MPO shall first determine that the amendment does not substantially change the information provided under paragraph (d)(1)(i) of this section and does not change the findings in paragraph (d)(1)(ii) of this section with respect to the original plan or program.

(3) Transportation Projects. As part of any individual transportation project approval made by the MPO, the MPO shall determine whether the project conforms to the applicable implementation plan using the following procedure:

(i) For projects from a plan and TIP that has been found to conform under procedures in paragraph (d)(1) of this section within the last three years or from a Plan or TIP amendment that has been found to conform under procedures in paragraph (d)(2) of this section in the past three years, the MPO shall document as part of the approval document:

(A) the TIP project number;

(B) whether the project is an exempt project as defined in paragraph (e) of this section; and

(C) whether the design and scope of the project has changed significantly from the design and scope of the project as described in the conforming TIP:

(1) If the design and scope of the project has not changed significantly, the MPO may find the project conforming; or

(2) If the design and scope of the project has changed significantly or the design and scope of the project could not be determined from the TIP, the MPO shall use the procedures in paragraph (d)(3)(ii) of this section to determine if the project conforms to the applicable implementation plan.

(ii) For projects not exempted under paragraph (e) of this section and not in a plan or a TIP that has been found to conform under procedures in paragraph (d)(1) of this section within the last three years:

(A) Documentation. The MPO shall document as part of the approval document for each such project:

(1) the disaggregated population and employment projections, to the extent they are used in

(i) the applicable plan, and

(ii) designing and scoping the project;

(2) the levels of vehicle trips, vehicle miles traveled, and congestion that are

(i) assumed in the applicable plan, and

(ii) expected to result over the period covered by the applicable plan from the construction of the project considering any growth likely to result from the project;

(3) for each transportation control measure in the applicable plan likely to be affected by the project:

(i) its implementation schedule and expected emission reduction effectiveness from the applicable plan,

(ii) its current implementation status and, if feasible, its current effectiveness, and

(iii) any actions as part of the project which may beneficially or adversely affect the implementation and/or effectiveness of the TCM;

(4) CO emission levels which will result from the project over the period covered by the applicable plan considering any growth likely to result from the project; and

(5) ambient CO concentration levels which will result from the project over the period covered by the applicable plan considering any growth likely to result from the project.

(B) Findings. Prior to approving any transportation project, the MPO shall determine if the project conforms to the applicable implementation plan. In making this determination, the MPO shall make and support the following findings for each project using the information documented in paragraph (d)(2)(ii)(A) of this section:

(1) that the project will provide for the implementation of TCMs affected by the project on the schedule set forth in the applicable plan;

(2) that CO emission levels, microscale and regional, resulting from the implementation of the project during the period covered by the applicable plan will not delay attainment or any required interim emission reductions and/or interfere with maintenance of the CO NAAQS in an area substantially affected by the project;

(3) that the project will not cause or contribute to a violation of the CO NAAQS during the period covered by the applicable plan near the project; and

(4) that the projected emissions from the project, when considered together with emissions projected for the conforming plan and program within the nonattainment area, do not cause the plan and program to exceed the emission reduction projections and schedules assigned to such plans and programs in the applicable implementation plan.

(e) Exempt Projects. An individual project is exempt from the requirements of paragraph (d) of this section if it is:

(1) located completely outside the nonattainment area;

(2) a safety project which is included in the statewide safety improvement program, will not alter the functional traffic capacity or capability of the facility being improved, and does not adversely affect the TCMs in the applicable plan;

(3) a transportation control measure from the approved applicable plan; or

(4) a mass transit project funded under the Urban Mass Transportation Act, 49 U.S.C.

[56 FR 5485, Feb. 11, 1991]

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§52.139   [Reserved]

§52.140   Monitoring transportation trends.

(a) This section is applicable to the State of Arizona.

(b) In order to assure the effectiveness of the inspection and maintenance program and the retrofit devices required under the Arizona implementation plan, the State shall monitor the actual per-vehicle emissions reductions occurring as a result of such measures. All data obtained from such monitoring shall be included in the quarterly report submitted to the Administrator by the State in accordance with §58.35 of this chapter. The first quarterly report shall cover the period January 1 to March 31, 1976.

(c) In order to assure the effective implementation of §§52.137, 52.138, and 52.139, the State shall monitor vehicle miles traveled and average vehicle speeds for each area in which such sections are in effect and during such time periods as may be appropriate to evaluate the effectiveness of such a program. All data obtained from such monitoring shall be included in the quarterly report submitted to the Administrator by the State of Arizona in accordance with §58.35 of this chapter. The first quarterly report shall cover the period from July 1 to September 30, 1974. The vehicle miles traveled and vehicle speed data shall be collected on a monthly basis and submitted in a format similar to Table  1.

Table 1

Time period
Affected area
Roadway typeVMT or average vehicle speed
Vehicle type (1)Vehicle type (2)1
Freeway
Arterial
Collector
Local

1Continue with other vehicle types as appropriate.

(d) No later than March 1, 1974, the State shall submit to the Administrator a compliance schedule to implement this section. The program description shall include the following:

(1) The agency or agencies responsible for conducting, overseeing, and maintaining the monitoring program.

(2) The administrative procedures to be used.

(3) A description of the methods to be used to collect the emission data, VMT data, and vehicle speed data; a description of the geographical area to which the data apply; identification of the location at which the data will be collected; and the time periods during which the data will be collected.

(e) The quarterly reports specified in paragraphs (b) and (c) of this section shall be submitted to the Administrator through the Regional Office, and shall be due within 45 days after the end of each reporting period.

[38 FR 33376, Dec. 3, 1973, as amended at 39 FR 32113, Sept. 5, 1974; 44 FR 27571, May 10, 1979]

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§52.141   [Reserved]

§52.142   Federal Implementation Plan for Tri-Cities landfill, Salt River Pima-Maricopa Indian Community.

The Federal Implementation Plan regulating emissions from an Energy Project at the Tri-Cities landfill located on the Salt River Pima-Maricopa Indian Community near Phoenix, Arizona is codified at 40 CFR 49.22.

[64 FR 65664, Nov. 23, 1999]

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§52.143   [Reserved]

§52.144   Significant deterioration of air quality.

(a) The requirements of sections 160 through 165 of the Clean Act are not met, since the plan as it applies to stationary sources under the jurisdiction of the Pima County Health Department and the Maricopa County Department of Health Services and stationary sources locating on Indian lands does not include approvable procedures for preventing the significant deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Arizona for that portion applicable to the Pima County Health Department and the Maricopa County Department of Health Services and sources locating on Indian lands.

(c) The requirements of sections 160 through 165 of the Clean Air Act are met as they apply to stationary sources under the jurisdiction of the Arizona Department of Environmental Quality (ADEQ), except with respect to emissions of greenhouse gases (GHGs) (as defined in §52.21(b)(49)(i)). Therefore, the provisions of §52.21, except paragraph (a)(1) of this section, for GHGs are hereby made a part of the plan for stationary sources under the jurisdiction of ADEQ as it applies to the stationary sources described in §52.21(b)(49)(iv).

[48 FR 19879, May 3, 1983, as amended at 68 FR 11321, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003; 83 FR 19637, May 4, 2018]

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§52.145   Visibility protection.

(a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas.

(b) Regulations for visibility monitoring and new source review. The provisions of §§52.27 and 52.28 are hereby incorporated and made part of the applicable plan for the State of Arizona.

(c) [Reserved]

(d) This paragraph is applicable to the fossil fuel-fired, steam-generating equipment designated as Units 1, 2, and 3 at the Navajo Generating Station in the Northern Arizona Intrastate Air Quality Control Region (§81.270 of this chapter).

(1) Definitions.

Administrator means the Administrator of EPA or his/her designee.

Affected Unit(s) means the steam-generating unit(s) at the Navajo Generating Station, all of which are subject to the emission limitation in paragraph (d)(2) of this section, that has accumulated at least 365 boiler operating days since the passage of the date defined in paragraph (d)(6) of this section applicable to it.

Boiler Operating Day for each of the boiler units at the Navajo Generating Station is defined as a 24-hour calendar day (the period of time between 12:01 a.m. and 12:00 midnight in Page, Arizona) during which coal is combusted in that unit for the entire 24 hours.

Owner or Operator means the owner, participant in, or operator of the Navajo Generating Station to which this paragraph is applicable.

Unit-Week of Maintenance means a period of 7 days during which a fossil fuel-fired steam-generating unit is under repair, and no coal is combusted in the unit.

(2) Emission limitation. No owner or operator shall discharge or cause the discharge of sulfur oxides into the atmosphere in excess of 42 ng/J [0.10 pound per million British thermal units (lb/MMBtu)] heat input.

(3) Compliance determination. Until at least one unit qualifies as an affected unit, no compliance determination is appropriate. As each unit qualifies for treatment as an affected unit, it shall be included in the compliance determination. Compliance with this emission limit shall be determined daily on a plant-wide rolling annual basis as follows:

(i) For each boiler operating day at each steam generating unit subject to the emission limitation in paragraph (d)(2) of this section, the owner or operator shall record the unit's hourly SO2 emissions using the data from the continuous emission monitoring systems, [required in paragraph (d)(4) of this section] and the daily electric energy generated by the unit (in megawatt-hours) as measured by the megawatt-hour meter for the unit.

(ii) Compute the average daily SO2 emission rate in ng/J (lb/MMBtu) following the procedures set out in method 19, appendix A, 40 CFR part 60 in effect on October 3, 1991.

(iii) For each boiler operating day for each affected unit, calculate the product of the daily SO2 emission rate (computed according to paragraph (d)(3)(ii) of this section) and the daily electric energy generated (recorded according to paragraph (d)(3)(i) of this section) for each unit.

(iv) For each affected unit, identify the previous 365 boiler operating days to be used in the compliance determination. Except as provided in paragraphs (d)(9) and (d)(10) of this section, all of the immediately preceding 365 boiler operating days will be used for compliance determinations.

(v) Sum, for all affected units, the products of the daily SO2 emission rate-electric energy generated (as calculated according to paragraph (d)(3)(iii) of this section) for the boiler operating days identified in paragraph (d)(3)(iv) of this section.

(vi) Sum, for all affected units, the daily electric energy generated (recorded according to paragraph (d)(3)(i) of this section) for the boiler operating days identified in paragraph (d)(3)(iv) of this section.

(vii) Calculate the weighted plant-wide annual average SO2 emission rate by dividing the sum of the products determined according to paragraph (d)(3)(v) of this section by the sum of the electric energy generated determined according to paragraph (d)(3)(vi) of this section.

(viii) The weighted plant-wide annual average SO2 emission rate shall be used to determine compliance with the emission limitation in paragraph (d)(2) of this section.

(4) Continuous emission monitoring. The owner or operator shall install, maintain, and operate continuous emission monitoring systems to determine compliance with the emission limitation in paragraph (d)(2) of this section as calculated in paragraph (d)(3) of this section. This equipment shall meet the specifications in appendix B of 40 CFR part 60 in effect on October 3, 1991. The owner or operator shall comply with the quality assurance procedures for continuous emission monitoring systems found in appendix F of 40 CFR part 60 in effect on October 3, 1991.

(5) Reporting requirements. For each steam generating unit subject to the emission limitation in paragraph (d)(2) of this section, the owner or operator:

(i) Shall furnish the Administrator written notification of the SO2, oxygen, and carbon dioxide emissions according to the procedures found in 40 CFR §60.7 in effect on October 3, 1991.

(ii) Shall furnish the Administrator written notification of the daily electric energy generated in megawatt-hours.

(iii) Shall maintain records according to the procedures in 40 CFR 60.7 in effect on October 3, 1991.

(iv) Shall notify the Administrator by telephone or in writing within one business day of any outage of the control system needed for compliance with the emission limitation in paragraph (d)(2) of this section and shall submit a follow-up written report within 30 days of the repairs stating how the repairs were accomplished and justifying the amount of time taken for the repairs.

(6) Compliance dates. The requirements of this paragraph shall be applicable to one unit at the Navajo Generating Station beginning November 19, 1997, to two units beginning November 19, 1998, and to all units beginning on August 19, 1999.

(7) Schedule of compliance. The owner or operator shall take the following actions by the dates specified:

(i) By June 1, 1992, award binding contracts to an architectural and engineering firm to design and procure the control system needed for compliance with the emission limitation in paragraph (d)(2) of this section.

(ii) By January 1, 1995, initiate on-site construction or installation of a control system for the first unit.

(iii) By May 1, 1997, initiate start-up testing of the control system for the first unit.

(iv) By May 1, 1998, initiate start-up testing of the control system for the second unit.

(v) By February 1, 1999, initiate start-up testing of the control system for the third unit.

The interim deadlines will be extended if the owner or operators can demonstrate to the Administrator that compliance with the deadlines in paragraph (d)(6) of this section will not be affected.

(8) Reporting on compliance schedule. Within 30 days after the specified date for each deadline in the schedule of compliance (paragraph (d)(7) of this section, the owner or operator shall notify the Administrator in writing whether the deadline was met. If it was not met the notice shall include an explanation why it was not met and the steps which shall be taken to ensure future deadlines will be met.

(9) Exclusion for equipment failure during initial operation. For each unit, in determining compliance for the first year that such unit is required to meet the emission limitation in paragraph (d)(2) of this section, periods during which one of the following conditions are met shall be excluded:

(i) Equipment or systems do not meet designer's or manufacturer's performance expectations.

(ii) Field installation including engineering or construction precludes equipment or systems from performing as designed.

The periods to be excluded shall be determined by the Administrator based on the periodic reports of compliance with the emission limitation in paragraph (d)(2) of this section which shall identify the times proposed for exclusion and provide the reasons for the exclusion, including the reasons for the control system outage. The report also shall describe the actions taken to avoid the outage, to minimize its duration, and to reduce SO2 emissions at the plant to the extent practicable while the control system was not fully operational. Whenever the time to be excluded exceeds a cumulative total of 30 days for any control system for any affected unit, the owner or operators shall submit a report within 15 days addressing the history of and prognosis for the performance of the control system.

(10) Exclusion for catastrophic failure. In addition to the exclusion of periods allowed in paragraph (d)(9) of this section, any periods of emissions from an affected unit for which the Administrator finds that the control equipment or system for such unit is out of service because of catastrophic failure of the control system which occurred for reasons beyond the control of the owner or operators and could not have been prevented by good engineering practices will be excluded from the compliance determination. Events which are the consequence of lack of appropriate maintenance or of intentional or negligent conduct or omissions of the owner or operators or the control system design, construction, or operating contractors do not constitute catastrophic failure.

(11) Equipment operation. The owner or operator shall optimally operate all equipment or systems needed to comply with the requirements of this paragraph consistent with good engineering practices to keep emissions at or below the emission limitation in paragraph (d)(2) of this section, and following outages of any control equipment or systems the control equipment or system will be returned to full operation as expeditiously as practicable.

(12) Maintenance scheduling. On March 16 of each year starting in 1993, the owner or operator shall prepare and submit to the Administrator a long-term maintenance plan for the Navajo Generating Station which accommodates the maintenance requirements for the other generating facilities on the Navajo Generating Station grid covering the period from March 16 to March 15 of the next year and showing at least 6 unit-weeks of maintenance for the Navajo Generating Station during the November 1 to March 15 period, except as provided in paragraph (d)(13) of this section. This plan shall be developed consistent with the criteria established by the Western States Coordinating Council of the North American Electric Reliability Council to ensure an adequate reserve margin of electric generating capacity. At the time that a plan is transmitted to the Administrator, the owner or operator shall notify the Administrator in writing if less than the full scheduled unit-weeks of maintenance were conducted for the period covered by the previous plan and shall furnish a written report stating how that year qualified for one of the exceptions identified in paragraph (d)(13) of this section.

(13) Exceptions for maintenance scheduling. The owner or operator shall conduct a full 6 unit-weeks of maintenance in accordance with the plan required in paragraph (d)(12) of this section unless the owner or operator can demonstrate to the satisfaction of the Administrator that a full 6 unit-weeks of maintenance during the November 1 to March 15 period should not be required because of the following:

(i) There is no need for 6 unit-weeks of scheduled periodic maintenance in the year covered by the plan;

(ii) The reserve margin on any electrical system served by the Navajo Generating Station would fall to an inadequate level, as defined by the criteria referred to in paragraph (d)(12) of this section.

(iii) The cost of compliance with this requirement would be excessive. The cost of compliance would be excessive when the economic savings to the owner or operator of moving maintenance out of the November 1 to March 15 period exceeds $50,000 per unit-day of maintenance moved.

(iv) A major forced outage at a unit occurs outside of the November 1 to March 15 period, and necessary periodic maintenance occurs during the period of forced outage.

If the Administrator determines that a full 6 unit-weeks of maintenance during the November 1 to March 15 period should not be required, the owner or operator shall nevertheless conduct that amount of scheduled maintenance that is not precluded by the Administrator. Generally, the owner or operator shall make best efforts to conduct as much scheduled maintenance as practicable during the November 1 to March 15 period.

(e) Approval. On February 28, 2011, the Arizona Department of Environmental Quality submitted the “Arizona State Implementation Plan, Regional Haze Under Section 308 of the Federal Regional Haze Rule” (“Arizona Regional Haze SIP”).

(1) [Reserved]

(2) The following portions of the Arizona Regional Haze SIP are disapproved because they do not meet the applicable requirements of Clean Air Act sections 169A and 169B and the Regional Haze Rule in 40 CFR 51.301 through 51.308:

(i) The determination that Unit I4 at TEP's Irvington [Sundt] Generating Station is not BART-eligible;

(ii) The portions of the long-term strategy for regional haze related to emission reductions for out-of-state Class I areas, emissions limitations and schedules for compliance to achieve the reasonable progress goal and enforceability of emissions limitations and control measures.

(f) [Reserved]

(g) On May 3, 2013, the Arizona Department of Environmental Quality (ADEQ) submitted the “Arizona State Implementation Plan Revision, Regional Haze Under Section 308 of the Federal Regional Haze Rule” (“Arizona Regional Haze SIP Supplement”).

(1) The following portions of the Arizona Regional Haze SIP Supplement are disapproved because they do not meet the applicable requirements of Clean Air Act sections 169A and 169B and the Regional Haze Rule in 40 CFR 51.301 through 51.308:

(i) The determination that the Chemical Lime Company's Nelson Lime Plant is not subject-to-BART;

(ii) The determination that the Freeport McMoRan Miami Inc (FMMI) Smelter is not subject to BART for NOX;

(iii) The determination that existing controls constitute BART for SO2 at the Freeport McMoRan Miami Inc (FMMI) Smelter;

(iv) The determination that the ASARCO Hayden smelter is not subject to BART for NOX and PM10;

(v) The determination that existing controls constitute BART for SO2 at ASARCO Hayden Smelter;

(vi) The reasonable progress goals for the first planning period;

(vii) The determination that no additional controls for point sources of NOX are reasonable for the first planning period; and

(viii) The determination that no additional controls for area sources of NOX and SO2 are reasonable for the first planning period.

(2) [Reserved]

(h) Disapproval. The following portions of the Arizona SIP are disapproved because they do not meet the applicable requirements of Clean Air Act sections 169A and 169B and the Regional Haze Rule at 40 CFR 51.309:

(1) Regional Haze State Implementation Plan for the State of Arizona (“Arizona 309 Regional Haze SIP”) submitted by the Arizona Department of Environmental Quality on December 23, 2003, with the exception of Chapter 5 (Strategy to Address Reasonably Attributable Visibility Impairment (RAVI)) and Appendix A-5 (Attributable Impairment).

(2) The Arizona Regional Haze State Implementation Plan Revision submitted by the Arizona Department of Environmental Quality on December 31, 2004, with the exception of the provisions already approved at 40 CFR 52.120(c)(131).

(3) Letter from Stephen A. Owens, Director, Arizona Department of Environmental Quality, dated December 24, 2008 re: Submittal of Arizona Regional Haze State Implementation Plan.

(i) Source-specific federal implementation plan for regional haze at Nelson Lime Plant— (1) Applicability. This paragraph (i) applies to the owner/operator of the lime kilns designated as Kiln 1 and Kiln 2 at the Nelson Lime Plant located in Yavapai County, Arizona.

(2) Definitions. Terms not defined in this paragraph (i)(2) shall have the meaning given them in the Clean Air Act or EPA's regulations implementing the Clean Air Act. For purposes of this paragraph (i):

Ammonia injection shall include any of the following: Anhydrous ammonia, aqueous ammonia, or urea injection.

Continuous emission monitoring system or CEMS means the equipment required by this section to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system (DAHS)), a permanent record of NOX emissions, SO2 emissions, diluent, and stack gas volumetric flow rate.

Kiln means either of the kilns identified in paragraph (i)(1) of this section.

Kiln 1 means lime kiln 1, as identified in paragraph (i)(1) of this section.

Kiln 2 means lime kiln 2, as identified in paragraph (i)(1) of this section.

Kiln operating day means a 24-hour period between 12 midnight and the following midnight during which there is operation of Kiln 1, Kiln 2, or both kilns at any time.

Kiln operation means any period when any raw materials are fed into the Kiln or any period when any combustion is occurring or fuel is being fired in the Kiln.

Lime product means the product of the lime-kiln calcination process, including calcitic lime, dolomitic lime, and dead-burned dolomite.

NOX means oxides of nitrogen.

Owner/operator means any person who owns or who operates, controls, or supervises a kiln identified in paragraph (i)(1) of this section.

SO2 means sulfur dioxide.

(3) Emission limitations. (i) The owner/operator of the kilns identified in paragraph (i)(1) of this section shall not emit or cause to be emitted pollutants in excess of the following limitations in pounds of pollutant per ton of lime product (lb/ton), from any kiln. Each emission limit shall be based on a 12-month rolling basis.

Pollutant Emission Limit

Kiln IDNOXSO2
Kiln 13.809.32
Kiln 22.619.73

(ii) The owner/operator of the kilns identified in paragraph (i)(1) of this section shall not emit or cause to be emitted pollutants in excess of 3.27 tons of NOX per day and 10.10 tons of SO2 per day, combined from both kilns, based on a rolling 30-kiln-operating-day basis.

(4) Compliance dates. (i) The owner/operator of each kiln shall comply with the NOX emission limitations and other NOX -related requirements of this paragraph (i) no later than September 4, 2017.

(ii) The owner/operator of each kiln shall comply with the SO2 emission limitations and other SO2 -related requirements of this paragraph (i) no later than March 3, 2016.

(5) [Reserved]

(6) Compliance determination—(i) Continuous emission monitoring system. At all times after the compliance dates specified in paragraph (i)(4) of this section, the owner/operator of kilns 1 and 2 shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at 40 CFR 60.13 and 40 CFR part 60, appendices B and F, to accurately measure diluent, stack gas volumetric flow rate, and concentration by volume of NOX and SO2 emissions into the atmosphere from kilns 1 and 2. The CEMS shall be used by the owner/operator to determine compliance with the emission limitations in paragraph (i)(3) of this section, in combination with data on actual lime production. The owner/operator must operate the monitoring system and collect data at all required intervals at all times that an affected kiln is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments).

(ii) Ammonia consumption monitoring. Upon and after the completion of installation of ammonia injection on a kiln, the owner or operator shall install, and thereafter maintain and operate, instrumentation to continuously monitor and record levels of ammonia consumption for that kiln.

(iii) Compliance determination for lb per ton NOX limit. Compliance with the NOX emission limits described in paragraph (i)(3)(i) of this section shall be determined based on a rolling 12-month basis. The 12-month rolling NOX emission rate for each kiln shall be calculated within 30 days following the end of each calendar month in accordance with the following procedure: Step one, sum the hourly pounds of NOX emitted for the month just completed and the eleven (11) months preceding the month just completed to calculate the total pounds of NOX emitted over the most recent twelve (12) month period for that kiln; Step two, sum the total lime product, in tons, produced during the month just completed and the eleven (11) months preceding the month just completed to calculate the total lime product produced over the most recent twelve (12) month period for that kiln; Step three, divide the total amount of NOX calculated from Step one by the total lime product calculated from Step two to calculate the 12-month rolling NOX emission rate for that kiln. Each 12-month rolling NOX emission rate shall include all emissions and all lime product that occur during all periods within the 12-month period, including emissions from startup, shutdown, and malfunction.

(iv) Compliance determination for lb per ton SO2 limit. Compliance with the SO2 emission limits described in paragraph (i)(3)(i) of this section shall be determined based on a rolling 12-month basis. The 12-month rolling SO2 emission rate for each kiln shall be calculated within 30 days following the end of each calendar month in accordance with the following procedure: Step one, sum the hourly pounds of SO2 emitted for the month just completed and the eleven (11) months preceding the month just completed to calculate the total pounds of SO2 emitted over the most recent twelve (12) month period for that kiln; Step two, sum the total lime product, in tons, produced during the month just completed and the eleven (11) months preceding the month just completed to calculate the total lime product produced over the most recent twelve (12) month period for that kiln; Step three, divide the total amount of SO2 calculated from Step one by the total lime product calculated from Step two to calculate the 12-month rolling SO2 emission rate for that kiln. Each 12-month rolling SO2 emission rate shall include all emissions and all lime product that occur during all periods within the 12-month period, including emissions from startup, shutdown, and malfunction.

(v) Compliance determination for ton per day NOX limit. Compliance with the NOX emission limit described in paragraph (i)(3)(ii) of this section shall be determined based on a rolling 30-kiln-operating-day basis. The rolling 30-kiln operating day NOX emission rate for the kilns shall be calculated for each kiln operating day in accordance with the following procedure: Step one, sum the hourly pounds of NOX emitted from both kilns for the current kiln operating day and the preceding twenty-nine (29) kiln-operating-day period for both kilns; Step two, divide the total pounds of NOX calculated from Step one by two thousand (2,000) to calculate the total tons of NOX; Step three, divide the total tons of NOX calculated from Step two by thirty (30) to calculate the rolling 30-kiln operating day NOX emission rate for both kilns. Each rolling 30-kiln operating day NOX emission rate shall include all emissions that occur from both kilns during all periods within any kiln operating day, including emissions from startup, shutdown, and malfunction.

(vi) Compliance determination for ton per day SO2 limit. Compliance with the SO2 emission limit described in paragraph (i)(3)(ii) of this section shall be determined based on a rolling 30-kiln-operating-day basis. The rolling 30-kiln operating day SO2 emission rate for the kilns shall be calculated for each kiln operating day in accordance with the following procedure: Step one, sum the hourly pounds of SO2 emitted from both kilns for the current kiln operating day and the preceding twenty-nine (29) kiln operating days, to calculate the total pounds of SO2 emitted over the most recent thirty (30) kiln operating day period for both kilns; Step two, divide the total pounds of SO2 calculated from Step one by two thousand (2,000) to calculate the total tons of SO2; Step three, divide the total tons of SO2 calculated from Step two by thirty (30) to calculate the rolling 30-kiln operating day SO2 emission rate for both kilns. Each rolling 30-kiln operating day SO2 emission rate shall include all emissions that occur from both kilns during all periods within any kiln operating day, including emissions from startup, shutdown, and malfunction.

(7) Recordkeeping. The owner/operator shall maintain the following records for at least five years:

(i) All CEMS data, including the date, place, and time of sampling or measurement; parameters sampled or measured; and results.

(ii) All records of lime production.

(iii) Monthly rolling 12-month emission rates of NOX and SO2, calculated in accordance with paragraphs (i)(6)(iii) and (iv) of this section.

(iv) Daily rolling 30-kiln operating day emission rates of NOX and SO2 calculated in accordance with paragraphs (i)(6)(v) and (vi) of this section.

(v) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records specified by 40 CFR part 60, appendix F, Procedure 1, as well as the following:

(A) The occurrence and duration of any startup, shutdown, or malfunction, performance testing, evaluations, calibrations, checks, adjustments maintenance, duration of any periods during which a CEMS or COMS is inoperative, and corresponding emission measurements.

(B) Date, place, and time of measurement or monitoring equipment maintenance activity;

(C) Operating conditions at the time of measurement or monitoring equipment maintenance activity;

(D) Date, place, name of company or entity that performed the measurement or monitoring equipment maintenance activity and the methods used; and

(E) Results of the measurement or monitoring equipment maintenance.

(vi) Records of ammonia consumption, as recorded by the instrumentation required in paragraph (i)(6)(ii) of this section.

(vii) Records of all major maintenance activities conducted on emission units, air pollution control equipment, CEMS, and lime production measurement devices.

(viii) All other records specified by 40 CFR part 60, appendix F, Procedure 1.

(8) Reporting. All reports required under this section shall be submitted by the owner/operator to the Director, Enforcement Division, U.S. Environmental Protection Agency, Region 9, electronically via email to [email protected] Any data that are required under this section shall be submitted in Excel format. Reports required under paragraphs (i)(8)(iii) through (v) of this section shall be submitted within 30 days after the applicable compliance date(s) in paragraph (i)(4) of this section and at least semiannually thereafter, within 30 days after the end of a semiannual period. The owner/operator may submit reports more frequently than semiannually for the purposes of synchronizing reports required under this section with other reporting requirements, such as the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual period exceed six months.

(i) Prior to commencing construction of the ammonia injection system, the owner/operator shall submit to EPA a summary report of the design of the SNCR system. Elements of this summary report shall include: Reagent type, description of the locations selected for reagent injection, reagent injection rate (expressed as a molar ratio of reagent to NOX), equipment list, equipment arrangement, and a summary of kiln characteristics that were relied upon as the design basis for the SNCR system.

(ii) By October 3, 2017, the owner/operator shall submit to EPA a summary of any process improvement or debugging activities that were performed on the SNCR system. Elements of this summary report shall include: a description of each process adjustment performed on the SNCR system, a discussion of whether the adjustment affected NOX emission rate (including CEMS data that may have been recorded while the adjustment was in progress), a description of the range (if applicable) over which the adjustment was examined, and a discussion of how the adjustment will be reflected or accounted for in kiln operating practices. In addition, to the extent that the owner/operator evaluates the impact of varying reagent injection rate on NOX emissions, the owner/operator shall include the following information: the range of reagent injection rates evaluated (expressed as a molar ratio of reagent to average NOX concentration), reagent injection rate, average NOX concentration, lime production rate, kiln flue gas temperature, and the presence of any detached plumes from the kiln exhaust.

(iii) The owner/operator shall submit a report that lists the daily rolling 30-kiln operating day emission rates for NOX and SO2, calculated in accordance with paragraphs (i)(6)(iii) and (iv) of this section.

(iv) The owner/operator shall submit a report that lists the monthly rolling 12-month emission rates for NOX and SO2, calculated in accordance with paragraphs (i)(6)(v) and (vi) of this section.

(v) The owner/operator shall submit excess emissions reports for NOX and SO2 limits. Excess emissions means emissions that exceed any of the emissions limits specified in paragraph (i)(3) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions; specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the kiln; the nature and cause of any malfunction (if known); and the corrective action taken or preventative measures adopted.

(vi) The owner/operator shall submit a summary of CEMS operation, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments.

(vii) The owner/operator shall submit results of all CEMS performance tests required by 40 CFR part 60, Appendix F, Procedure 1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).

(viiii) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, the owner/operator shall state such information in the semiannual report.

(9) Notifications. All notifications required under this section shall be submitted by the owner/operator to the Director, Enforcement Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901.

(i) The owner/operator shall submit notification of commencement of construction of any equipment which is being constructed to comply with the NOX emission limits in paragraph (i)(3) of this section.

(ii) The owner/operator shall submit semiannual progress reports on construction of any such equipment.

(iii) The owner/operator shall submit notification of initial startup of any such equipment.

(10) Equipment operations. (i) At all times, including periods of startup, shutdown, and malfunction, the owner/operator shall, to the extent practicable, maintain and operate the kilns, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions. Pollution control equipment shall be designed and capable of operating properly to minimize emissions during all expected operating conditions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Regional Administrator, which may include, but is not limited to, monitoring results, review of operating and maintenance procedures, and inspection of the kilns.

(ii) After completion of installation of ammonia injection on a kiln, the owner/operator shall inject sufficient ammonia to achieve compliance with the NOX emission limits from paragraph (i)(3) of this section for that kiln while preventing excessive ammonia emissions.

(11) Enforcement. Notwithstanding any other provision in this implementation plan, any credible evidence or information relevant as to whether the kiln would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed can be used to establish whether or not the owner/operator has violated or is in violation of any standard or applicable emission limit in the plan.

(j) Source-specific federal implementation plan for regional haze at H. Wilson Sundt Generating Station—(1) Applicability. This paragraph (j) applies to the owner/operator of the electricity generating unit (EGU) designated as Unit I4 at the H. Wilson Sundt Generating Station located in Tucson, Pima County, Arizona.

(2) Definitions. Terms not defined in this paragraph (j)(2) shall have the meaning given them in the Clean Air Act or EPA's regulations implementing the Clean Air Act. For purposes of this paragraph (j):

Ammonia injection shall include any of the following: Anhydrous ammonia, aqueous ammonia, or urea injection.

Boiler operating day means a 24-hour period between 12 midnight and the following midnight during which any fuel is combusted at any time in the unit.

Continuous emission monitoring system or CEMS means the equipment required by 40 CFR part 75 and this paragraph (j).

MMBtu means one million British thermal units.

Natural gas means a naturally occurring fluid mixture of hydrocarbons as defined in 40 CFR 72.2.

NOX means oxides of nitrogen.

Owner/operator means any person who owns or who operates, controls, or supervises the EGU identified in paragraph (j)(1) of this section.PM means total filterable particulate matter.

PM10 means total particulate matter less than 10 microns in diameter.

SO2 means sulfur dioxide.

Unit means the EGU identified paragraph (j)(1) of this section.

(3) Emission limitations. The owner/operator of the unit shall not emit or cause to be emitted pollutants in excess of the following limitations, in pounds of pollutant per million British thermal units (lb/MMBtu), from the subject unit.

PollutantPollutant
emission
limit
NOX0.36
PM0.030
SO20.23

(4) Alternative emission limitations. The owner/operator of the unit may choose to comply with the following limitations in lieu of the emission limitations listed in paragraph (j)(3) of this section.

(i) The owner/operator of the unit shall combust only natural gas or natural gas combined with landfill gas in the subject unit.

(ii) The owner/operator of the unit shall not emit or cause to be emitted pollutants in excess of the following limitations, in pounds of pollutant per million British thermal units (lb/MMBtu), from the subject unit.

PollutantPollutant
emission
limit
NOX0.25
PM100.010
SO20.057

(iii) If the results of the initial performance test conducted in accordance with paragraph (j)(8)(iv) of this section show PM10 emissions greater than the limit in paragraph (j)(4)(ii) of this section, the owner/operator may elect to comply with an emission limit equal to the result of the initial performance test, in lieu of the PM10 emission limit in paragraph (j)(4)(ii).

(5) Compliance dates. (i) The owner/operator of the unit subject to this paragraph (j)(5) shall comply with the NOX and SO2 emission limitations of paragraph (j)(3) of this section no later than September 4, 2017.

(ii) The owner/operator of the unit subject to this paragraph (j)(5) shall comply with the PM emission limitation of paragraph (j)(3) of this section no later than April 16, 2015.

(6) Alternative compliance dates. If the owner/operator chooses to comply with paragraph (j)(4) of this section in lieu of paragraph (j)(3) of this section, the owner/operator of the unit shall comply with the NOX, SO2, and PM10 emission limitations of paragraph (j)(4) of this section no later than December 31, 2017.

(7) Compliance determination—(i) Continuous emission monitoring system. (A) At all times after the compliance date specified in paragraph (j)(5)(i) of this section, the owner/operator of the unit shall maintain, calibrate, and operate CEMS, in full compliance with the requirements found at 40 CFR part 75, to accurately measure SO2, NOX, diluent, and stack gas volumetric flow rate from the unit. All valid CEMS hourly data shall be used to determine compliance with the emission limitations for NOX and SO2 in paragraph (j)(3) of this section. When the CEMS is out-of-control as defined by 40 CFR part 75, the CEMS data shall be treated as missing data and not used to calculate the emission average. Each required CEMS must obtain valid data for at least 90 percent of the unit operating hours, on an annual basis.

(B) The owner/operator of the unit shall comply with the quality assurance procedures for CEMS found in 40 CFR part 75. In addition to the requirements in part 75 of this chapter, relative accuracy test audits shall be calculated for both the NOX and SO2 pounds per hour measurement and the heat input measurement. The CEMS monitoring data shall not be bias adjusted. Calculations of relative accuracy for lb/hour of NOX, SO2, and heat input shall be performed each time the CEMS undergo relative accuracy testing.

(ii) Ammonia consumption monitoring. Upon and after the completion of installation of ammonia injection on the unit, the owner/operator shall install, and thereafter maintain and operate, instrumentation to continuously monitor and record levels of ammonia consumption for that unit.

(iii) Compliance determination for NOX. Compliance with the NOX emission limit described in paragraph (j)(3) of this section shall be determined based on a rolling 30 boiler-operating-day basis. The 30-boiler-operating-day rolling NOX emission rate for the unit shall be calculated for each boiler operating day in accordance with the following procedure: Step one, sum the hourly pounds of NOX emitted for the current boiler operating day and the preceding twenty-nine (29) boiler operating days to calculate the total pounds of NOX emitted over the most recent thirty (30) boiler-operating-day period for that unit; Step two, sum the total heat input, in MMBtu, during the current boiler operating day and the preceding twenty-nine (29) boiler operating days to calculate the total heat input over the most recent thirty (30) boiler-operating-day period for that unit; Step three, divide the total amount of NOX calculated from Step one by the total heat input calculated from Step two to calculate the rolling 30-boiler-operating-day NOX emission rate, in pounds per MMBtu for that unit. Each rolling 30-boiler-operating-day NOX emission rate shall include all emissions and all heat input that occur during all periods within any boiler operating day, including emissions from startup, shutdown, and malfunction. If a valid NOX pounds per hour or heat input is not available for any hour for the unit, that heat input and NOX pounds per hour shall not be used in the calculation of the rolling 30-boiler-operating-day emission rate.

(iv) Compliance determination for SO2. Compliance with the SO2 emission limit described in paragraph (j)(3) of this section shall be determined based on a rolling 30 boiler-operating-day basis. The rolling 30-boiler-operating-day SO2 emission rate for the unit shall be calculated for each boiler operating day in accordance with the following procedure: Step one, sum the hourly pounds of SO2 emitted for the current boiler operating day and the preceding twenty-nine (29) boiler operating days to calculate the total pounds of SO2 emitted over the most recent thirty (30) boiler-operating-day period for that unit; Step two, sum the total heat input, in MMBtu, during the current boiler operating day and the preceding twenty-nine (29) boiler operating days to calculate the total heat input over the most recent thirty (30) boiler-operating-day period for that unit; Step three, divide the total amount of SO2 calculated from Step one by the total heat input calculated from Step two to calculate the rolling 30-boiler-operating-day SO2 emission rate, in pounds per MMBtu for that unit. Each rolling 30-boiler-operating-day SO2 emission rate shall include all emissions and all heat input that occur during all periods within any boiler operating day, including emissions from startup, shutdown, and malfunction. If a valid SO2 pounds per hour or heat input is not available for any hour for the unit, that heat input and SO2 pounds per hour shall not be used in the calculation of the rolling 30-boiler-operating-day emission rate.

(v) Compliance determination for PM. Compliance with the PM emission limit described in paragraph (j)(3) of this section shall be determined from annual performance stack tests. Within sixty (60) days either preceding or following the compliance deadline specified in paragraph (j)(5)(ii) of this section, and on at least an annual basis thereafter, the owner/operator of the unit shall conduct a stack test on the unit to measure PM using EPA Methods 1 through 5, in 40 CFR part 60, appendix A. Each test shall consist of three runs, with each run at least one hundred twenty (120) minutes in duration and each run collecting a minimum sample of sixty (60) dry standard cubic feet. Results shall be reported in lb/MMBtu using the calculation in 40 CFR part 60, appendix A, Method 19.

(8) Alternative compliance determination. If the owner/operator chooses to comply with the emission limits of paragraph (j)(4) of this section, this paragraph (j)(8) may be used in lieu of paragraph (j)(7) of this section to demonstrate compliance with the emission limits in paragraph (j)(4) of this section.

(i) Continuous emission monitoring system. (A) At all times after the compliance date specified in paragraph (j)(6) of this section, the owner/operator of the unit shall maintain, calibrate, and operate CEMS, in full compliance with the requirements found at 40 CFR part 75, to accurately measure NOX, diluent, and stack gas volumetric flow rate from the unit. All valid CEMS hourly data shall be used to determine compliance with the emission limitation for NOX in paragraph (j)(4) of this section. When the CEMS is out-of-control as defined by 40 CFR part 75, the CEMS data shall be treated as missing data and not used to calculate the emission average. Each required CEMS must obtain valid data for at least ninety (90) percent of the unit operating hours, on an annual basis.

(B) The owner/operator of the unit shall comply with the quality assurance procedures for CEMS found in 40 CFR part 75. In addition to these part 75 requirements, relative accuracy test audits shall be calculated for both the NOX pounds per hour measurement and the heat input measurement. The CEMS monitoring data shall not be bias adjusted. Calculations of relative accuracy for lb/hr of NOX and heat input shall be performed each time the CEMS undergo relative accuracy testing.

(ii) Compliance determination for NOX. Compliance with the NOX emission limit described in paragraph (j)(4) of this section shall be determined based on a rolling 30 boiler-operating-day basis. The rolling 30-boiler-operating-day NOX emission rate for the unit shall be calculated for each boiler operating day in accordance with the following procedure: Step one, sum the hourly pounds of NOX emitted for the current boiler operating day and the preceding twenty-nine (29) boiler-operating-days to calculate the total pounds of NOX emitted over the most recent thirty (30) boiler-operating-day period for that unit; Step two, sum the total heat input, in MMBtu, during the current boiler operating day and the preceding twenty-nine (29) boiler-operating-days to calculate the total heat input over the most recent thirty (30) boiler-operating-day period for that unit; Step three, divide the total amount of NOX calculated from Step one by the total heat input calculated from Step two to calculate the rolling 30-boiler-operating-day NOX emission rate, in pounds per MMBtu for that unit. Each rolling 30-boiler-operating-day NOX emission rate shall include all emissions and all heat input that occur during all periods within any boiler operating day, including emissions from startup, shutdown, and malfunction. If a valid NOX pounds per hour or heat input is not available for any hour for the unit, that heat input and NOX pounds per hour shall not be used in the calculation of the rolling 30-boiler-operating-day emission rate.

(iii) Compliance determination for SO2. Compliance with the SO2 emission limit for the unit shall be determined from fuel sulfur documentation demonstrating the use of either natural gas or natural gas combined with landfill gas.

(iv) Compliance determination for PM10. Compliance with the PM10 emission limit for the unit shall be determined from performance stack tests. Within sixty (60) days following the compliance deadline specified in paragraph (j)(6) of this section, and at the request of the Regional Administrator thereafter, the owner/operator of the unit shall conduct a stack test on the unit to measure PM10 using EPA Methods 1 through 4, 201A, and Method 202, per 40 CFR part 51, appendix M. Each test shall consist of three runs, with each run at least one hundred twenty (120) minutes in duration and each run collecting a minimum sample of sixty (60) dry standard cubic feet. Results shall be reported in lb/MMBtu using the calculation in 40 CFR part 60, appendix A, Method 19.

(9) Recordkeeping. The owner/operator shall maintain the following records for at least five years:

(i) CEMS data measuring NOX in lb/hr, SO2 in lb/hr, and heat input rate per hour.

(ii) Daily rolling 30-boiler operating day emission rates of NOX and SO2 calculated in accordance with paragraphs (j)(7)(iii) and (iv) of this section.

(iii) Records of the relative accuracy test for NOX lb/hr and SO2 lb/hr measurement, and hourly heat input measurement.

(iv) Records of quality assurance and quality control activities for emissions systems including, but not limited to, any records required by 40 CFR part 75.

(v) Records of all major maintenance activities conducted on emission units, air pollution control equipment, and CEMS.

(vi) Any other records required by 40 CFR part 75.

(vii) Records of ammonia consumption for the unit, as recorded by the instrumentation required in paragraph (j)(7)(ii) of this section.

(viii) All PM stack test results.

(10) Alternative recordkeeping requirements. If the owner/operator chooses to comply with the emission limits of paragraph (j)(4) of this section, the owner/operator shall maintain the records listed in this paragraph (j)(10) in lieu of the records contained in paragraph (j)(9) of this section. The owner/operator shall maintain the following records for at least five years:

(i) CEMS data measuring NOX in lb/hr and heat input rate per hour.

(ii) Daily rolling 30-boiler operating day emission rates of NOX calculated in accordance with paragraph (j)(8)(ii) of this section.

(iii) Records of the relative accuracy test for NOX lb/hr measurement and hourly heat input measurement.

(iv) Records of quality assurance and quality control activities for emissions systems including, but not limited to, any records required by 40 CFR part 75.

(v) Records of all major maintenance activities conducted on emission units, air pollution control equipment, and CEMS.

(vi) Any other records required by 40 CFR part 75.

(vii) Records sufficient to demonstrate that the fuel for the unit is natural gas or natural gas combined with landfill gas.

(viii) All PM10 stack test results.

(11) Notifications. All notifications required under this section shall be submitted by the owner/operator to the Director, Enforcement Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901.

(i) By March 31, 2017, the owner/operator shall submit notification by letter whether it will comply with the emission limits in paragraph (j)(3) of this section or whether it will comply with the emission limits in paragraph (j)(4) of this section. In the event that the owner/operator does not submit timely and proper notification by March 31, 2017, the owner/operator may not choose to comply with the alternative emission limits in paragraph (j)(4) of this section and shall comply with the emission limits in paragraph (j)(3) of this section.

(ii) The owner/operator shall submit notification of commencement of construction of any equipment which is being constructed to comply with either the NOX or SO2 emission limits in paragraph (j)(3) of this section.

(iii) The owner/operator shall submit semiannual progress reports on construction of any such equipment.

(iv) The owner/operator shall submit notification of initial startup of any such equipment.

(v) The owner/operator shall submit notification of its intent to comply with the PM10 emission limit in paragraph (j)(4)(iii) of this section within one hundred twenty (120) days following the compliance deadline specified in paragraph (j)(6) of this section. The notification shall include results of the initial performance test and the resulting applicable emission limit.

(12) Reporting. All reports required under this section shall be submitted by the owner/operator to the Director, Enforcement Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901. All reports required under this section shall be submitted within 30 days after the applicable compliance date(s) in paragraph (j)(5) of this section and at least semiannually thereafter, within 30 days after the end of a semiannual period. The owner/operator may submit reports more frequently than semiannually for the purposes of synchronizing reports required under this section with other reporting requirements, such as the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual period exceed six months.

(i) The owner/operator shall submit a report that lists the daily rolling 30-boiler operating day emission rates for NOX and SO2.

(ii) The owner/operator shall submit excess emission reports for NOX and SO2 limits. Excess emissions means emissions that exceed the emission limits specified in paragraph (j)(3) of this section. Excess emission reports shall include the magnitude, date(s), and duration of each period of excess emissions; specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit; the nature and cause of any malfunction (if known); and the corrective action taken or preventative measures adopted.

(iii) The owner/operator shall submit a summary of CEMS operation, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments.

(iv) The owner/operator shall submit the results of any relative accuracy test audits performed during the two preceding calendar quarters.

(v) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, the owner/operator shall state such information in the semiannual report.

(vi) The owner/operator shall submit results of any PM stack tests conducted for demonstrating compliance with the PM limit specified in paragraph (j)(3) of this section.

(13) Alternative reporting requirements. If the owner/operator chooses to comply with the emission limits of paragraph (j)(4) of this section, the owner/operator shall submit the reports listed in this paragraph (j)(13) in lieu of the reports contained in paragraph (j)(12) of this section. All reports required under this paragraph (j)(13) shall be submitted by the owner/operator to the Director, Enforcement Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901. All reports required under this paragraph (j)(13) shall be submitted within 30 days after the applicable compliance date(s) in paragraph (j)(6) of this section and at least semiannually thereafter, within 30 days after the end of a semiannual period. The owner/operator may submit reports more frequently than semiannually for the purposes of synchronizing reports required under this section with other reporting requirements, such as the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual period exceed six months.

(i) The owner/operator shall submit a report that lists the daily rolling 30-boiler operating day emission rates for NOX.

(ii) The owner/operator shall submit excess emissions reports for NOX limits. Excess emissions means emissions that exceed the emission limit specified in paragraph (j)(4) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions; specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit; the nature and cause of any malfunction (if known); and the corrective action taken or preventative measures adopted.

(iii) The owner/operator shall submit CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments.

(iv) The owner/operator shall submit the results of any relative accuracy test audits performed during the two preceding calendar quarters.

(v) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, the owner/operator shall state such information in the semiannual report.

(vi) The owner/operator shall submit results of any PM10 stack tests conducted for demonstrating compliance with the PM10 limit specified in paragraph (j)(4) of this section.

(14) Equipment operations. (i) At all times, including periods of startup, shutdown, and malfunction, the owner/operator shall, to the extent practicable, maintain and operate the unit, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions. Pollution control equipment shall be designed and capable of operating properly to minimize emissions during all expected operating conditions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Regional Administrator, which may include, but is not limited to, monitoring results, review of operating and maintenance procedures, and inspection of the unit.

(ii) After completion of installation of ammonia injection on a unit, the owner/operator shall inject sufficient ammonia to achieve compliance with the NOX emission limit contained in paragraph (j)(3) of this section for that unit while preventing excessive ammonia emissions.

(15) Enforcement. Notwithstanding any other provision in this implementation plan, any credible evidence or information relevant as to whether the unit would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed can be used to establish whether or not the owner/operator has violated or is in violation of any standard or applicable emission limit in the plan.

(k) Source-specific federal implementation plan for regional haze at Clarkdale Cement Plant and Rillito Cement Plant—(1) Applicability. This paragraph (k) applies to each owner/operator of the following cement kilns in the state of Arizona: Kiln 4 located at the cement plant in Clarkdale, Arizona, and kiln 4 located at the cement plant in Rillito, Arizona.

(2) Definitions. Terms not defined in this paragraph (k)(2) shall have the meaning given them in the Clean Air Act or EPA's regulations implementing the Clean Air Act. For purposes of this paragraph (k):

Ammonia injection shall include any of the following: Anhydrous ammonia, aqueous ammonia or urea injection.

Continuous emission monitoring system or CEMS means the equipment required by this section to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system), a permanent record of NOX emissions, diluent, or stack gas volumetric flow rate.

Kiln operating day means a 24-hour period between 12 midnight and the following midnight during which the kiln operates at any time.

Kiln operation means any period when any raw materials are fed into the kiln or any period when any combustion is occurring or fuel is being fired in the kiln.

NOX means nitrogen oxides.

Owner/operator means any person who owns or who operates, controls, or supervises a cement kiln identified in paragraph (k)(1) of this section.

Unit means a cement kiln identified in paragraph (k)(1) of this section.

(3) Emissions limitations. (i) The owner/operator of kiln 4 of the Clarkdale Plant, as identified in paragraph (k)(1) of this section, shall not emit or cause to be emitted from kiln 4 NOX in excess of 2.12 pounds of NOX per ton of clinker produced, based on a rolling 30-kiln operating day basis.

(ii) The owner/operator of kiln 4 of the Rillito Plant, as identified in paragraph (k)(1) of this section, shall not emit or cause to be emitted from kiln 4 NOX in excess of 3.46 pounds of NOX per ton of clinker produced, based on a rolling 30-kiln operating day basis.

(4) Alternative emissions limitation. In lieu of the emission limitation listed in paragraph (k)(3)(i) of this section, the owner/operator of kiln 4 of the Clarkdale Plant may choose to comply with the following limitation by providing notification per paragraph (k)(13)(iv) of this section. The owner/operator of kiln 4 of the Clarkdale Plant, as identified in paragraph (k)(1) of this section, shall not emit or cause to be emitted from kiln 4 NOX in excess of 810 tons per year, based on a rolling 12-month basis.

(5) Compliance date. (i) The owner/operator of each unit identified in paragraph (k)(1) of this section shall comply with the NOX emissions limitations and other NOX-related requirements of this paragraph (k)(3) of this section no later than December 31, 2018.

(ii) If the owner/operator of the Clarkdale Plant chooses to comply with the emission limit of paragraph (k)(4) of this section in lieu of paragraph (k)(3)(i) of this section, the owner/operator shall comply with the NOX emissions limitations and other NOX-related requirements of paragraph (k)(4) of this section no later than December 31, 2018.

(6) [Reserved]

(7) Compliance determination

(i) Continuous emission monitoring system. (A) At all times after the compliance date specified in paragraph (k)(5) of this section, the owner/operator of the unit at the Clarkdale Plant shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at 40 CFR 60.63(f) and (g), to accurately measure concentration by volume of NOX, diluent, and stack gas volumetric flow rate from the in-line/raw mill stack, as well as the stack gas volumetric flow rate from the coal mill stack. The CEMS shall be used by the owner/operator to determine compliance with the emission limitation in paragraph (k)(3) of this section, in combination with data on actual clinker production. The owner/operator must operate the monitoring system and collect data at all required intervals at all times the affected unit is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments).

(B) At all times after the compliance date specified in paragraph (k)(5) of this section, the owner/operator of the unit at the Rillito Plant shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at 40 CFR 60.63(f) and (g), to accurately measure concentration by volume of NOX, diluent, and stack gas volumetric flow rate from the unit. The CEMS shall be used by the owner/operator to determine compliance with the emission limitation in paragraph (k)(3) of this section, in combination with data on actual clinker production. The owner/operator must operate the monitoring system and collect data at all required intervals at all times the affected unit is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments).

(ii) Methods. (A) The owner/operator of each unit shall record the daily clinker production rates.

(B)(1) The owner/operator of each unit shall calculate and record the 30-kiln operating day average emission rate of NOX, in pounds per ton (lb/ton) of clinker produced, as the total of all hourly emissions data for the cement kiln in the preceding 30-kiln operating days, divided by the total tons of clinker produced in that kiln during the same 30-day operating period, using the following equation:

eCFR graphic er21no16.024.gif

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Where:

E[D] = 30 kiln operating day average emission rate of NOX, lb/ton of clinker;

C[i] = Concentration of NOX for hour i as recorded by the CEMS required by paragraph (k)(7)(i) of this section, ppm;

Q[i] = volumetric flow rate of effluent gas for hour i as recorded by the CEMS required by paragraph (k)(7)(i) of this section, where C[i] and Q[i] are on the same basis (either wet or dry), scf/hr;

P[i] = total kiln clinker produced during production hour i, ton/hr;

k = conversion factor, 1.194 × 10−7 for NOX; and

n = number of kiln operating hours over 30 kiln operating days, n = 1 up to 720.

(2) For each kiln operating hour for which the owner/operator does not have at least one valid 15-minute CEMS data value, the owner/operator must use the average emissions rate in pounds per ton (lb/hr) from the most recent previous hour for which valid data are available. Hourly clinker production shall be determined by the owner/operator in accordance with the requirements found at 40 CFR 60.63(b).

(C) At the end of each kiln operating day, the owner/operator shall calculate and record a new 30-day rolling average emission rate in lb/ton clinker from the arithmetic average of all valid hourly emission rates for the current kiln operating day and the previous 29 successive kiln operating days.

(D) Upon and after the completion of installation of ammonia injection on a unit, the owner/operator shall install, and thereafter maintain and operate, instrumentation to continuously monitor and record levels of ammonia injection for that unit.

(8) Alternative compliance determination. If the owner/operator of the Clarkdale Plant chooses to comply with the emission limits of paragraph (k)(4) of this section, this paragraph may be used in lieu of paragraph (k)(7) of this section to demonstrate compliance with the emission limits in paragraph (k)(4) of this section.

(i) Continuous emission monitoring system. At all times after the compliance date specified in paragraph (k)(5) of this section, the owner/operator of the unit at the Clarkdale Plant shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at 40 CFR 60.63(f) and (g), to accurately measure concentration by volume of NOX, diluent, and stack gas volumetric flow rate from the in-line/raw mill stack, as well as the stack gas volumetric flow rate from the coal mill stack. The CEMS shall be used by the owner/operator to determine compliance with the emission limitation in paragraph (k)(4) of this section. The owner/operator must operate the monitoring system and collect data at all required intervals at all times the affected unit is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments).

(ii) Method. Compliance with the ton per year NOX emission limit described in paragraph (k)(4) of this section shall be determined based on a rolling 12-month basis. The rolling 12-month NOX emission rate for the kiln shall be calculated within 30 days following the end of each calendar month in accordance with the following procedure: Step one, sum the hourly pounds of NOX emitted for the month just completed and the eleven (11) months preceding the month just completed, to calculate the total pounds of NOX emitted over the most recent twelve (12) month period for that kiln; Step two, divide the total pounds of NOX calculated from Step one by two thousand (2,000) to calculate the total tons of NOX. Each rolling 12-month NOX emission rate shall include all emissions that occur during all periods within the 12-month period, including emissions from startup, shutdown and malfunction.

(iii) Upon and after the completion of installation of ammonia injection on the unit, the owner/operator shall install, and thereafter maintain and operate, instrumentation to continuously monitor and record levels of ammonia injection for that unit.

(9) Recordkeeping. The owner/operator of each unit shall maintain the following records for at least five years:

(i) All CEMS data, including the date, place, and time of sampling or measurement; emissions and parameters sampled or measured; and results.

(ii) All records of clinker production.

(iii) Daily 30-day rolling emission rates of NOX, calculated in accordance with paragraph (k)(7)(ii) of this section.

(iv) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records specified by 40 CFR part 60, Appendix F, Procedure 1.

(v) Records of ammonia injection, as recorded by the instrumentation required in paragraph (k)(7)(ii)(D) of this section.

(vi) Records of all major maintenance activities conducted on emission units, air pollution control equipment, CEMS and clinker production measurement devices.

(vii) Any other records specified by 40 CFR part 60, subpart F, or 40 CFR part 60, Appendix F, Procedure 1.

(10) Alternative recordkeeping requirements. If the owner/operator of the Clarkdale Plant chooses to comply with the emission limits of paragraph (k)(4) of this section, the owner/operator shall maintain the records listed in this paragraph in lieu of the records contained in paragraph (k)(9) of this section. The owner or operator shall maintain the following records for at least five years:

(i) All CEMS data, including the date, place, and time of sampling or measurement; emissions and parameters sampled or measured; and results.

(ii) Monthly rolling 12-month emission rates of NOX, calculated in accordance with paragraph (k)(8)(ii) of this section.

(iii) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records specified by 40 CFR part 60, Appendix F, Procedure 1.

(iv) Records of ammonia injection, as recorded by the instrumentation required in paragraph (k)(8)(iii) of this section.

(v) Records of all major maintenance activities conducted on emission units, air pollution control equipment, and CEMS measurement devices.

(vi) Any other records specified by 40 CFR part 60, subpart F, or 40 CFR part 60, Appendix F, Procedure 1.

(11) Reporting. All reports and notifications required under this paragraph (k) shall be submitted by the owner/operator to U.S. Environmental Protection Agency, Region 9, Enforcement Division via electronic mail to [email protected] and to Air Division via electronic mail to [email protected] Reports required under this paragraph (k)(11)(iii) through (k)(11)(vii) of this section shall be submitted within 30 days after the applicable compliance date in paragraph (k)(5) of this section and at least semiannually thereafter, within 30 days after the end of a semiannual period. The owner/operator may submit reports more frequently than semiannually for the purposes of synchronizing reports required under this section with other reporting requirements, such as the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual period exceed six months.

(i) Prior to commencing construction of the ammonia injection system, the owner/operator shall submit to the EPA a report describing the design of the SNCR system. This report shall include: reagent type, description of the locations selected for reagent injection, reagent injection rate (expressed as a molar ratio of reagent to exhaust gas), equipment list, equipment arrangement, and a summary of kiln characteristics that were relied upon as the design basis for the SNCR system.

(ii) Within 30 days following the NOX compliance date in paragraph (k)(5)(i) of this section, the owner/operator shall submit to the EPA a report of any process improvement or debugging activities that were performed on the SNCR system. This report shall include: a description of each process adjustment performed on the SNCR system or the kiln, a discussion of whether the adjustment affected NOX emission rates, a description of the range (if applicable) over which the adjustment was examined, and a discussion of how the adjustment will be reflected or accounted for in kiln operating practices. If CEMS data or kiln operating data were recorded during process improvement or debugging activities, the owner/operator shall submit the recorded CEMS and kiln operating data with the report. The data shall be submitted in an electronic format consistent with and able to be manipulated by a spreadsheet program such as Microsoft Excel.

(iii) The owner/operator shall submit a report that lists the daily 30-day rolling emission rates for NOX.

(iv) The owner/operator shall submit excess emissions reports for NOX limits. Excess emissions means emissions that exceed the emissions limits specified in paragraph (k)(3) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions, specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit, the nature and cause of any malfunction (if known), and the corrective action taken or preventative measures adopted.

(v) The owner/operator shall submit CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments.

(vi) The owner/operator shall also submit results of any CEMS performance tests specified by 40 CFR part 60, Appendix F, Procedure 1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).

(vii) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, the owner/operator shall state such information in the reports required by paragraph (k)(9)(ii) of this section.

(12) Alternative reporting requirements. If the owner/operator of the Clarkdale Plant chooses to comply with the emission limits of paragraph (k)(4) of this section, the owner/operator shall submit the reports listed in this paragraph in lieu of the reports contained in paragraph (k)(11) of this section. All reports required under this paragraph (k)(12) shall be submitted within 30 days after the applicable compliance date in paragraph (k)(5) of this section and at least semiannually thereafter, within 30 days after the end of a semiannual period. The owner/operator may submit reports more frequently than semiannually for the purposes of synchronizing reports required under this section with other reporting requirements, such as the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual period exceed six months.

(i) The owner/operator shall submit a report that lists the monthly rolling 12-month emission rates for NOX.

(ii) The owner/operator shall submit excess emissions reports for NOX limits. Excess emissions means emissions that exceed the emissions limits specified in paragraph (k)(3) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions, specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit, the nature and cause of any malfunction (if known), and the corrective action taken or preventative measures adopted.

(iii) The owner/operator shall submit CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments.

(iv) The owner/operator shall also submit results of any CEMS performance tests specified by 40 CFR part 60, Appendix F, Procedure 1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).

(v) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, the owner/operator shall state such information in the reports required by paragraph (k)(9)(ii) of this section.

(13) Notifications. (i) The owner/operator shall submit notification of commencement of construction of any equipment which is being constructed to comply with the NOX emission limits in paragraph (k)(3) of this section.

(ii) The owner/operator shall submit semiannual progress reports on construction of any such equipment.

(iii) The owner/operator shall submit notification of initial startup of any such equipment.

(iv) By June 30, 2018, the owner/operator of the Clarkdale Plant shall notify EPA Region 9 by letter whether it will comply with the emission limits in paragraph (k)(3)(i) of this section or whether it will comply with the emission limits in paragraph (k)(4) of this section. In the event that the owner/operator does not submit timely and proper notification by June 30, 2018, the owner/operator of the Clarkdale Plant may not choose to comply with the alternative emission limits in paragraph (k)(4) of this section and shall comply with the emission limits in paragraph (k)(3)(i) of this section.

(14) Equipment operation. (i) At all times, including periods of startup, shutdown, and malfunction, the owner or operator shall, to the extent practicable, maintain and operate the unit including associated air pollution control equipment in a manner consistent with good air pollution control practices for minimizing emissions. Pollution control equipment shall be designed and capable of operating properly to minimize emissions during all expected operating conditions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Regional Administrator which may include, but is not limited to, monitoring results, review of operating and maintenance procedures, and inspection of the unit.

(ii) After completion of installation of ammonia injection on a unit, the owner or operator shall inject sufficient ammonia to achieve compliance with NOX emission limits set forth in paragraph (k)(3) of this section for that unit while preventing excessive ammonia emissions.

(15) Enforcement. Notwithstanding any other provision in this implementation plan, any credible evidence or information relevant as to whether the unit would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed, can be used to establish whether or not the owner or operator has violated or is in violation of any standard or applicable emission limit in the plan.

(l) Source-specific federal implementation plan for regional haze at Hayden Copper Smelter—(1) Applicability. This paragraph (l) applies to each owner/operator of batch copper converters #1, 3, 4 and 5 and anode furnaces #1 and #2 at the copper smelting plant located in Hayden, Gila County, Arizona.

(2) Definitions. Terms not defined in this paragraph (l)(2) shall have the meaning given them in the Clean Air Act or EPA's regulations implementing the Clean Air Act. For purposes of this paragraph (l):

Anode furnace means a furnace in which molten blister copper is refined through introduction of a reducing agent such as natural gas.

Batch copper converter means a Peirce-Smith converter in which copper matte is oxidized to form blister copper by a process that is performed in discrete batches using a sequence of charging, blowing, skimming, and pouring.

Blister copper means an impure form of copper, typically between 96 and 98 percent pure copper that is the output of the converters.

Calendar day means a 24 hour period that begins and ends at midnight, local standard time.

Capture system means the collection of components used to capture gases and fumes released from one or more emission points, and to convey the captured gases and fumes to one or more control devices. A capture system may include, but is not limited to, the following components as applicable to a given capture system design: Duct intake devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.

Continuous emission monitoring system or CEMS means the equipment required by this section to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system (DAHS)), a permanent record of SO2 emissions, other pollutant emissions, diluent, or stack gas volumetric flow rate.

Copper matte means a material predominately composed of copper and iron sulfides produced by smelting copper ore concentrates.

NOX means nitrogen oxides.

Owner/operator means any person who owns or who operates, controls, or supervises the equipment identified in paragraph (l)(1) of this section.

Regional Administrator means the Regional Administrator of EPA Region 9 or his or her designated representative.

SO2 means sulfur dioxide.

(3) Emission capture. (i) The owner/operator must operate a capture system that has been designed to maximize collection of process off gases vented from each converter identified in paragraph (l)(1) of this section. The capture system must include primary and secondary capture systems as described in 40 CFR 63.1444(d)(2).

(ii) The operation of the batch copper converters, primary capture system, and secondary capture system shall be optimized to capture the maximum amount of process off gases vented from each converter at all times.

(iii) The owner/operator shall prepare a written operation and maintenance plan according to the requirements in paragraph (l)(3)(iv) of this section and submit this plan to the Regional Administrator 180 days prior to the compliance date in paragraph (l)(5)(ii) of this section. The Regional Administrator shall approve or disapprove the plan within 180 days of submittal. At all times when one or more converters are blowing, the owner/operator must operate the capture system consistent with this plan.

(iv) The written operations and maintenance plan must address the following requirements as applicable to the capture system or control device.

(A) Preventative maintenance. The owner/operator must perform preventative maintenance for each capture system and control device according to written procedures specified in owner/operator's operation and maintenance plan. The procedures must include a preventative maintenance schedule that is consistent with the manufacturer's or engineer's instructions for routine and long-term maintenance.

(B) Capture system inspections. The owner/operator must perform capture system inspections for each capture system in accordance with the requirements of 40 CFR 63.1447(b)(2).

(C) Copper converter department capture system operating limits. The owner/operator must establish, according to the requirements 40 CFR 63.1447(b)(3)(i) through (iii), operating limits for the capture system that are representative and reliable indicators of the optimized performance of the capture system, consistent with paragraph (l)(3)(ii) of this section, when it is used to collect the process off-gas vented from batch copper converters during blowing.

(4) Emission limitations and work practice standards. (i) SO2 emissions collected by any primary capture system required by paragraph (l)(3) of this section must be controlled by one or more control devices and reduced by at least 99.8 percent, based on a 365-day rolling average.

(ii) SO2 emissions collected by any secondary capture system required by paragraph (l)(3) of this section must be controlled by one or more control devices and reduced by at least 98.5 percent, based on a 365-day rolling average.

(iii) The owner/operator must not cause or allow to be discharged to the atmosphere from any primary capture system required by paragraph (l)(3) of this section off-gas that contains nonsulfuric acid particulate matter in excess of 6.2 mg/dscm as measured using the test methods specified in 40 CFR 63.1450(b).

(iv) The owner/operator must not cause or allow to be discharged to the atmosphere from any secondary capture system required by paragraph (l)(3) of this section off-gas that contains particulate matter in excess of 23 mg/dscm as measured using the test methods specified in 40 CFR 63.1450(a).

(v) Total NOX emissions from anode furnaces #1 and #2 and the batch copper converters shall not exceed 40 tons per 12-continuous month period.

(vi) Anode furnaces #1 and #2 shall only be charged with blister copper or higher purity copper. This charging limitation does not extend to the use or addition of poling or fluxing agents necessary to achieve final casting chemistry.

(5) Compliance dates. (i) The owner/operator of each batch copper converter identified in paragraph (l)(1) of this section shall comply with the emissions limitations in paragraphs (l)(4)(ii) and (l)(4)(iv) of this section and other requirements of this section related to the secondary capture system no later than September 3, 2018.

(ii) The owner/operator of each batch copper converter identified in paragraph (l)(1) of this section shall comply with the emissions limitations in paragraphs (l)(4)(i), (l)(4)(iii), (l)(4)(v), and (l)(4)(vi) of this section and other requirements of this section, except those requirements related to the secondary capture system, no later than September 4, 2017.

(6) Compliance determination—(i) Continuous emission monitoring system. At all times after the compliance date specified in paragraph (l)(5) of this section, the owner/operator of each batch copper converter identified in paragraph (l)(1) of this section shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at 40 CFR 60.13 and 40 CFR part 60, appendices B and F, to accurately measure the mass emission rate in pounds per hour of SO2 emissions entering each control device used to control emissions from the converters, and venting from the converters to the atmosphere after passing through a control device or an uncontrolled bypass stack. The CEMS shall be used by the owner/operator to determine compliance with the emission limitation in paragraph (l)(4) of this section. The owner/operator must operate the monitoring system and collect data at all required intervals at all times that an affected unit is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments).

(ii) Compliance determination for SO2 limit for the converters. The 365-day rolling SO2 emission control efficiency for the converters shall be calculated separately for the primary capture system and the secondary capture system for each calendar day in accordance with the following procedure: Step one, sum the hourly pounds of SO2 vented to each uncontrolled bypass stack and to each control device used to control emissions from the converters for the current calendar day and the preceding three-hundred-sixty-four (364) calendar days, to calculate the total pounds of pre-control SO2 emissions over the most recent three-hundred-sixty-five (365) calendar day period; Step two, sum the hourly pounds of SO2 vented to each uncontrolled bypass stack and emitted from the release point of each control device used to control emissions from the converters for the current calendar day and the preceding three-hundred-sixty-four (364) calendar days, to calculate the total pounds of post-control SO2 emissions over the most recent three-hundred-sixty-five (365) calendar day period; Step three, divide the total amount of post-control SO2 emissions calculated from Step two by the total amount of pre-control SO2 emissions calculated from Step one, subtract the resulting ratio from one, and multiply the difference by 100 percent to calculate the 365-day rolling SO2 emission control efficiency as a percentage.

(iii) Compliance determination for nonsulfuric acid particulate matter. Compliance with the emission limit for nonsulfuric acid particulate matter in paragraph (l)(4)(iii) of this section shall be demonstrated by the procedures in 40 CFR 63.1451(b) and 63.1453(a)(2). The owner/operator shall conduct an initial compliance test within 180 days after the compliance date specified in paragraph (l)(5) of this section unless a test performed according to the procedures in 40 CFR 63.1450 in the past year shows compliance with the limit.

(iv) Compliance determination for particulate matter. Compliance with the emission limit for particulate matter in paragraph (l)(4)(iv) of this section shall be demonstrated by the procedures in 40 CFR 63.1451(a) and 63.1453(a)(1). The owner/operator shall conduct an initial compliance test within 180 days after the compliance date specified in paragraph (l)(5) of this section unless a test performed according to the procedures in 40 CFR 63.1450 in the past year shows compliance with the limit.

(v) Compliance determination for NOX. Compliance with the emission limit for NOX in paragraph (l)(4)(v) of this section shall be demonstrated by monitoring natural gas consumption in each of the units identified in paragraph (l)(1) of this section for each calendar day. At the end of each calendar month, the owner/operator shall calculate 12-consecutive month NOX emissions by multiplying the daily natural gas consumption rates for each unit by an approved emission factor and adding the sums for all units over the previous 12-consecutive month period.

(7) Alternatives to requirements to install CEMS. The requirement in paragraph (l)(6)(i) of this section to install CEMS to measure the mass of SO2 entering a control device or venting to the atmosphere through uncontrolled bypass stacks will be waived if the owner/operator complies with one of the options in this paragraph (l)(7).

(i) Acid plants. The owner/operator may calculate the pounds of SO2 entering an acid plant during a calendar day by adding the pounds of SO2 emitted through the acid plant tail stack and 0.653 times the daily production of anhydrous sulfuric acid from the acid plant.

(ii) Uncontrolled bypass stack. The owner/operator may calculate the pounds of SO2 venting to the atmosphere through an uncontrolled bypass stack based on test data provided the facility operates according to a startup, shutdown, and malfunction plan consistent with 40 CFR 63.6(e)(3) and the Regional Administrator has approved a calculation methodology for planned and unplanned bypass events.

(8) Capture system monitoring. For each operating limit established under the capture system operation and maintenance plan required by paragraph (l)(4) of this section, the owner/operator must install, operate, and maintain an appropriate monitoring device according to the requirements in 40 CFR 63.1452(a)(1) through (6) to measure and record the operating limit value or setting at all times the required capture system is operating. Dampers that are manually set and remain in the same position at all times the capture system is operating are exempted from these monitoring requirements.

(9) Recordkeeping. The owner/operator shall maintain the following records for at least five years:

(i) All CEMS data, including the date, place, and time of sampling or measurement; parameters sampled or measured; and results.

(ii) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records required by 40 CFR part 60, appendix F, Procedure 1.

(iii) Records of all major maintenance activities conducted on emission units, air pollution control equipment, and CEMS.

(iv) Any other records required by 40 CFR part 60, subpart F, or 40 CFR part 60, appendix F, Procedure 1.

(v) Records of all monitoring required by paragraph (l)(8) of this section.

(vi) Records of daily sulfuric acid production in tons per day of pure, anhydrous sulfuric acid if the owner/operator chooses to use the alternative compliance determination method in paragraph (l)(7)(i) of this section.

(vii) Records of planned and unplanned bypass events and calculations used to determine emissions from bypass events if the owner/operator chooses to use the alternative compliance determination method in paragraph (l)(7)(ii) of this section.

(viii) Records of daily natural gas consumption in each units identified in paragraph (l)(1) of this section and all calculations performed to demonstrate compliance with the limit in paragraph (l)(4)(vi) of this section.

(10) Reporting. All reports required under this section shall be submitted by the owner/operator to the Director, Enforcement Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901. All reports required under this section shall be submitted within 30 days after the applicable compliance date in paragraph (l)(5) of this section and at least semiannually thereafter, within 30 days after the end of a semiannual period. The owner/operator may submit reports more frequently than semiannually for the purposes of synchronizing reports required under this section with other reporting requirements, such as the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual period exceed six months.

(i) The owner/operator shall promptly submit excess emissions reports for the SO2 limit. Excess emissions means emissions that exceed the emissions limit specified in paragraph (d) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions, specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit, the nature and cause of any malfunction (if known), and the corrective action taken or preventative measures adopted. For the purpose of this paragraph (l)(10)(i), promptly shall mean within 30 days after the end of the month in which the excess emissions were discovered.

(ii) The owner/operator shall submit CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments. The owner/operator shall submit reports semiannually.

(iii) The owner/operator shall also submit results of any CEMS performance tests required by 40 CFR part 60, appendix F, Procedure 1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).

(iv) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, the owner/operator shall state such information in the semiannual report.

(v) When performance testing is required to determine compliance with an emission limit in paragraph (l)(4) of this section, the owner/operator shall submit test reports as specified in 40 CFR part 63, subpart A.

(11) Notifications. (i) The owner/operator shall notify EPA of commencement of construction of any equipment which is being constructed to comply with the capture or emission limits in paragraph (l)(3) or (4) of this section.

(ii) The owner/operator shall submit semiannual progress reports on construction of any such equipment.

(iii) The owner/operator shall submit notification of initial startup of any such equipment.

(12) Equipment operations. At all times, including periods of startup, shutdown, and malfunction, the owner or operator shall, to the extent practicable, maintain and operate the unit including associated air pollution control equipment in a manner consistent with good air pollution control practices for minimizing emissions. Pollution control equipment shall be designed and capable of operating properly to minimize emissions during all expected operating conditions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Regional Administrator which may include, but is not limited to, monitoring results, review of operating and maintenance procedures, and inspection of the unit.

(13) Enforcement. Notwithstanding any other provision in this implementation plan, any credible evidence or information relevant as to whether the unit would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed, can be used to establish whether or not the owner or operator has violated or is in violation of any standard or applicable emission limit in the plan.

(m) Source-specific federal implementation plan for regional haze at Miami Copper Smelter—(1) Applicability. This paragraph (m) applies to each owner/operator of batch copper converters 2, 3, 4 and 5 and the electric furnace at the copper smelting plant located in Miami, Gila County, Arizona.

(2) Definitions. Terms not defined in this paragraph (m)(2) shall have the meaning given them in the Clean Air Act or EPA's regulations implementing the Clean Air Act. For purposes of this paragraph (m):

Batch copper converter means a Hoboken converter in which copper matte is oxidized to form blister copper by a process that is performed in discrete batches using a sequence of charging, blowing, skimming, and pouring.

Calendar day means a 24 hour period that begins and ends at midnight, local standard time.

Capture system means the collection of components used to capture gases and fumes released from one or more emission points, and to convey the captured gases and fumes to one or more control devices. A capture system may include, but is not limited to, the following components as applicable to a given capture system design: duct intake devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.

Continuous emission monitoring system or CEMS means the equipment required by this section to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system (DAHS)), a permanent record of SO2 emissions, other pollutant emissions, diluent, or stack gas volumetric flow rate.

Copper matte means a material predominately composed of copper and iron sulfides produced by smelting copper ore concentrates.

Electric furnace means a furnace in which copper matte and slag are heated by electrical resistance without the mechanical introduction of air or oxygen.

NOX means nitrogen oxides.

Owner/operator means any person who owns or who operates, controls, or supervises the equipment identified in paragraph (m)(1) of this section.

Slag means the waste material consisting primarily of iron sulfides separated from copper matte during the smelting and refining of copper ore concentrates.

SO2 means sulfur dioxide.

(3) Emission capture. (i) The owner/operator of the batch copper converters identified in paragraph (m)(1) of this section must operate a capture system that has been designed to maximize collection of process off gases vented from each converter. The capture system must include a primary capture system as described in 40 CFR 63.1444(d)(3) and a secondary capture system designed to maximize the collection of emissions not collected by the primary capture system.

(ii) The operation of the batch copper converters, primary capture system, and secondary capture system shall be optimized to capture the maximum amount of process off gases vented from each converter at all times.

(iii) The owner/operator shall prepare a written operation and maintenance plan according to the requirements in paragraph (m)(3)(iv) of this section and submit this plan to the Regional Administrator 180 days prior to the compliance date in paragraph (m)(5) of this section. The Regional Administrator shall approve or disapprove the plan within 180 days of submittal. At all times when one or more converters are blowing, the owner/operator must operate the capture system consistent with this plan.

(iv) The written operations and maintenance plan must address the following requirements as applicable to the capture system or control device.

(A) Preventative maintenance. The owner/operator must perform preventative maintenance for each capture system and control device according to written procedures specified in owner/operator's operation and maintenance plan. The procedures must include a preventative maintenance schedule that is consistent with the manufacturer's or engineer's instructions for routine and long-term maintenance.

(B) Capture system inspections. The owner/operator must perform capture system inspections for each capture system in accordance with the requirements of 40 CFR 63.1447(b)(2).

(C) Copper converter department capture system operating limits. The owner/operator must establish, according to the requirements 40 CFR 63.1447(b)(3)(i) through (iii), operating limits for the capture system that are representative and reliable indicators of the performance of capture system when it is used to collect the process off-gas vented from batch copper converters during blowing.

(4) Emission limitations and work practice standards. (i) SO2 emissions collected by the capture system required by paragraph (m)(3) of this section must be controlled by one or more control devices and reduced by at least 99.7 percent, based on a 365-day rolling average.

(ii) The owner/operator must not cause or allow to be discharged to the atmosphere from any primary capture system required by paragraph (m)(3) of this section off-gas that contains nonsulfuric acid particulate matter in excess of 6.2 mg/dscm as measured using the test methods specified in 40 CFR 63.1450(b).

(iii) Total NOX emissions the electric furnace and the batch copper converters shall not exceed 40 tons per 12-continuous month period.

(iv) The owner/operator shall not actively aerate the electric furnace.

(5) Compliance dates. (i) The owner/operator of each batch copper converter identified in paragraph (m)(1) of this section shall comply with the emission capture requirement in paragraph (m)(3) of this section; the emission limitation in paragraph (m)(4)(i) of this section; the compliance determination requirements in paragraphs (m)(6)(i) and (ii) and (m)(7) of this section; the capture system monitoring requirements in paragraph (m)(8) of this section; the recordkeeping requirements in paragraphs (m)(9)(i) through (viii) of this section; and the reporting requirements in paragraphs (m)(10)(i) through (iv) of this section no later than January 1, 2018.

(ii) The owner/operator of each batch copper converter and the electric furnace identified in paragraph (m)(1) of this section shall comply with all requirements of this paragraph (m) except those listed in paragraph (m)(5)(i) of this section no later than September 2, 2016.

(6) Compliance determination—(i) Continuous emission monitoring system. At all times after the compliance date specified in paragraph (m)(5) of this section, the owner/operator of each batch copper converter identified in paragraph (m)(1) of this section shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at 40 CFR 60.13 and 40 CFR part 60, appendices B and F, to accurately measure the mass emission rate in pounds per hour of SO2 emissions entering each control device used to control emissions from the converters, and venting from the converters to the atmosphere after passing through a control device or an uncontrolled bypass stack. The CEMS shall be used by the owner/operator to determine compliance with the emission limitation in paragraph (m)(4)(i) of this section. The owner/operator must operate the monitoring system and collect data at all required intervals at all times that an affected unit is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments).

(ii) Compliance determination for SO2. The 365-day rolling SO2 emission control efficiency for the converters shall be calculated for each calendar day in accordance with the following procedure: Step one, sum the hourly pounds of SO2 vented to each uncontrolled bypass stack and to each control device used to control emissions from the converters for the current calendar day and the preceding three-hundred-sixty-four (364) calendar days, to calculate the total pounds of pre-control SO2 emissions over the most recent three-hundred-sixty-five (365) calendar day period; Step two, sum the hourly pounds of SO2 vented to each uncontrolled bypass stack and emitted from the release point of each control device used to control emissions from the converters for the current calendar day and the preceding three-hundred-sixty-four (364) calendar days, to calculate the total pounds of post-control SO2 emissions over the most recent three-hundred-sixty-five (365) calendar day period; Step three, divide the total amount of post-control SO2 emissions calculated from Step two by the total amount of pre-control SO2 emissions calculated from Step one, subtract the resulting ratio from one, and multiply the difference by 100 percent to calculate the 365-day rolling SO2 emission control efficiency as a percentage.

(iii) Compliance determination for nonsulfuric acid particulate matter. Compliance with the emission limit for nonsulfuric acid particulate matter in paragraph (m)(4)(ii) of this section shall be demonstrated by the procedures in 40 CFR 63.1451(b) and 63.1453(a)(2). The owner/operator shall conduct an initial compliance test within 180 days after the compliance date specified in paragraph (m)(5) of this section unless a test performed according to the procedures in 40 CFR 63.1450 in the past year shows compliance with the limit.

(iv) Compliance determination for NOX. Compliance with the emission limit for NOX in paragraph (m)(4)(iii) of this section shall be demonstrated by monitoring natural gas consumption in each of the units identified in paragraph (m)(1) of this section for each calendar day. At the end of each calendar month, the owner/operator shall calculate monthly and 12-consecutive month NOX emissions by multiplying the daily natural gas consumption rates for each unit by an approved emission factor and adding the sums for all units over the previous 12-consecutive month period.

(7) Alternatives to requirements to install CEMS. The requirement in paragraph (m)(6)(i) of this section to install CEMS to measure the mass of SO2 entering a control device or venting to the atmosphere through uncontrolled bypass stacks will be waived if the owner/operator complies with one of the options in this paragraph (m)(7).

(i) Acid plants. The owner/operator may calculate the pounds of SO2 entering an acid plant during a calendar day by adding the pounds of SO2 emitted through the acid plant tail stack and 0.653 times the daily production of anhydrous sulfuric acid from the acid plant.

(ii) Alkali scrubber. The owner/operator may calculate the pounds of SO2 entering an alkali scrubber during a calendar day by using the following equation:

Min,SO2 = Mout,SO2 + SF*Malk

Where:

Min,SO2 is the calculated mass of SO2 entering the scrubber during a calendar day;

Mout,SO2 is the mass of SO2 emitted through the scrubber stack measured by the CEMS for the calendar day;

SF is a stoichiometric factor; and

Malk is the mass of alkali added to the scrubber liquor during the calendar day.

SF shall equal:

1.14 if the alkali species is calcium oxide (CaO);

1.59 if the alkali species is magnesium oxide (MgO);

0.801 if the alkali species is sodium hydroxide (NaOH); or

Another value if the owner/operator has received approval from the Regional Administrator in advance.

(iii) Uncontrolled bypass stack. The owner/operator may calculate the pounds of SO2 venting to the atmosphere through an uncontrolled bypass stack based on test data provided the facility operates according to a startup, shutdown, and malfunction plan consistent with 40 CFR 63.6(e)(3) and EPA has approved a calculation methodology for planned and unplanned bypass events.

(8) Capture system monitoring. For each operating limit established under the capture system operation and maintenance plan required by paragraph (m)(3) of this section, the owner/operator must install, operate, and maintain an appropriate monitoring device according to the requirements in 40 CFR 63.1452(a)(1) though (6) to measure and record the operating limit value or setting at all times the required capture system is operating. Dampers that are manually set and remain in the same position at all times the capture system is operating are exempted from these monitoring requirements.

(9) Recordkeeping. The owner/operator shall maintain the following records for at least five years:

(i) All CEMS data, including the date, place, and time of sampling or measurement; parameters sampled or measured; and results.

(ii) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records required by 40 CFR part 60, appendix F, Procedure 1.

(iii) Records of all major maintenance activities conducted on emission units, air pollution control equipment, and CEMS.

(iv) Any other records required by 40 CFR part 60, subpart F, or 40 CFR part 60, appendix F, Procedure 1.

(v) Records of all monitoring required by paragraph (m)(8) of this section.

(vi) Records of daily sulfuric acid production in tons per day of pure, anhydrous sulfuric acid if the owner/operator chooses to use the alternative compliance determination method in paragraph (m)(7)(i) of this section.

(vii) Records of daily alkali consumption in tons per day of pure, anhydrous alkali if the owner/operator chooses to use the alternative compliance determination method in paragraph (m)(7)(ii) of this section.

(viii) Records of planned and unplanned bypass events and calculations used to determine emissions from bypass events if the owner/operator chooses to use the alternative compliance determination method in paragraph (m)(7)(iii) of this section.

(ix) Records of daily natural gas consumption in each units identified in paragraph (m)(1) of this section and all calculations performed to demonstrate compliance with the limit in paragraph (m)(4)(iv) of this section.

(10) Reporting. All reports required under this section shall be submitted by the owner/operator to the Director, Enforcement Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901. All reports required under this section shall be submitted within 30 days after the applicable compliance date in paragraph (m)(5) of this section and at least semiannually thereafter, within 30 days after the end of a semiannual period. The owner/operator may submit reports more frequently than semiannually for the purposes of synchronizing reports required under this section with other reporting requirements, such as the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual period exceed six months.

(i) The owner/operator shall promptly submit excess emissions reports for the SO2 limit. Excess emissions means emissions that exceed the emissions limit specified in paragraph (d) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions, specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit, the nature and cause of any malfunction (if known), and the corrective action taken or preventative measures adopted. For the purpose of this paragraph (m)(10)(i), promptly shall mean within 30 days after the end of the month in which the excess emissions were discovered.

(ii) The owner/operator shall submit CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments. The owner/operator shall submit reports semiannually.

(iii) The owner/operator shall also submit results of any CEMS performance tests required by 40 CFR part 60, appendix F, Procedure 1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).

(iv) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, the owner/operator shall state such information in the semiannual report.

(v) When performance testing is required to determine compliance with an emission limit in paragraph (m)(4) of this section, the owner/operator shall submit test reports as specified in 40 CFR part 63, subpart A.

(11) Notifications.

(i) The owner/operator shall notify EPA of commencement of construction of any equipment which is being constructed to comply with the capture or emission limits in paragraph (m)(3) or (4) of this section.

(ii) The owner/operator shall submit semiannual progress reports on construction of any such equipment.

(iii) The owner/operator shall submit notification of initial startup of any such equipment.

(12) Equipment operations. At all times, including periods of startup, shutdown, and malfunction, the owner or operator shall, to the extent practicable, maintain and operate the unit including associated air pollution control equipment in a manner consistent with good air pollution control practices for minimizing emissions. Pollution control equipment shall be designed and capable of operating properly to minimize emissions during all expected operating conditions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Regional Administrator which may include, but is not limited to, monitoring results, review of operating and maintenance procedures, and inspection of the unit.

(13) Enforcement. Notwithstanding any other provision in this implementation plan, any credible evidence or information relevant as to whether the unit would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed, can be used to establish whether or not the owner or operator has violated or is in violation of any standard or applicable emission limit in the plan.

(n) Approval. On November 12, 2015, the Arizona Department of Environmental Quality submitted the “Arizona State Implementation Plan Revision: Regional Haze 5-Year Progress Report” (“Progress Report”). The Progress Report meets the requirements of the Regional Haze Rule in 40 CFR 51.308.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 56 FR 50186, Oct. 3, 1991; 61 FR 14975, Apr. 4, 1996; 77 FR 72577, Dec. 5, 2012; 78 FR 46175, July 30, 2013; 78 FR 48330, Aug. 8, 2013; 79 FR 52479, Sept. 3, 2014; 80 FR 19225, Apr. 10, 2015; 80 FR 21179, Apr. 17, 2015; 81 FR 21746, Apr. 13, 2016; 81 FR 83149, Nov. 21, 2016; 82 FR 3128, Jan. 10, 2017; 82 FR 15153, Apr. 26, 2017; 82 FR 46915, Oct. 10, 2017; 84 FR 33004, July 11, 2019]

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§52.146   Particulate matter (PM-10) Group II SIP commitments.

(a) On December 28, 1988, the Governor's designee for Arizona submitted a revision to the State Implementation Plan (SIP) for Casa Grande, Show Low, Safford, Flagstaff and Joseph City, that contains commitments, from the Director of the Arizona Department of Environmental Quality, for implementing all of the required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM-10 Group II SIPs.

(b) The Arizona Department of Environmental Quality has committed to comply with the PM-10 Group II State Implementation Plan (SIP) requirements for Casa Grande, Show Low, Safford, Flagstaff and Joseph City as provided in the PM-10 Group II SIPs for these areas.

(c) On December 28, 1988, the Governor's designee for Arizona submitted a revision to the State Implementation Plan (SIP) for Ajo, that contains commitments from the Director of the Arizona Department of Environmental Quality, for implementing all of the required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM-10 Group II SIPs.

(d) The Arizona Department of Environmental Quality has committed to comply with the PM-10 Group II State Implementation Plan (SIP) requirements.

[55 FR 17437, Mar. 27, 1990 and 55 FR 18108, May 1, 1990]

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§52.147   Interstate transport.

(a) Approval. The SIP submitted on May 24, 2007 meets the requirements of Clean Air Act section 110(a)(2)(D)(i)(I) (contribute significantly to nonattainment or interfere with maintenance of the NAAQS in any other state) and section 110(a)(2)(D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only) for the 1997 8-hour ozone and 1997 PM2.5 NAAQS.

(b) Disapproval. The SIPs submitted on May 24, 2007, February 28, 2011, and May 3, 2013 do not meet the requirements of Clean Air Act section 110(a)(2)(D)(i)(II) (interfere with measures in any other state to protect visibility, only) for the 1997 8-hour ozone and 1997 PM2.5 NAAQS.

(c) Approval. The SIP submitted on October 14, 2009 meets the requirements of Clean Air Act section 110(a)(2)(D)(i)(I) (contribute significantly to nonattainment or interfere with maintenance of the NAAQS in any other state) for the 2006 PM2.5 NAAQS.

(d) Disapproval. The SIPs submitted on October 14, 2009 and August 24, 2012 do not meet the requirements of Clean Air Act section 110(a)(2)(D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only) for the 2006 PM2.5 NAAQS.

(e) Disapproval. The SIPs submitted on October 14, 2009, February 28, 2011, and May 3, 2013 do not meet the requirements of Clean Air Act section 110(a)(2)(D)(i)(II) (interfere with measures in any other state to protect visibility, only) for the 2006 PM2.5 NAAQS.

[78 FR 46175, July 30, 2013]

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§52.150   Yavapai-Apache Reservation.

(a) The provisions for prevention of significant deterioration of air quality at 40 CFR 52.21 are applicable to the Yavapai-Apache Reservation, pursuant to §52.21(a).

(b) In accordance with section 164 of the Clean Air Act and the provisions of 40 CFR 52.21(g), the Yavapai-Apache Indian Reservation is designated as a Class I area for the purposes of preventing significant deterioration of air quality.

[61 FR 56470, Nov. 1, 1996]

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§52.151   Operating permits.

Insofar as the permitting threshold provisions in the Pinal County Code of Regulations for the Pinal County Air Quality Control District concern the treatment of sources of greenhouse gas emissions as major sources for purposes of title V operating permits, EPA approves such provisions only to the extent they require permits for such sources where the source emits or has the potential to emit at least 100,000 tpy CO2 equivalent emissions, as well as 100 tpy on a mass basis, as of July 1, 2011.

[75 FR 82266, Dec. 30, 2010]

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§52.152   Original identification of plan.

(a) This section identified the original “The State of Arizona Air Pollution Control Implementation Plan” and all revisions submitted by the State of Arizona that were federally approved prior to June 30, 2016.

(b) The plan was officially submitted on January 28, 1972.

(1) Arizona State Department of Health.

(i) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement: Arizona Revised Statutes section 36-1700 (“Declaration of Policy”)

(c) The plan revisions listed below were submitted on the dates specified.

(1) Letter of intent to revise plan submitted on March 1, 1972, by the Arizona State Board of Health.

(2) Letter of intent to revise plan submitted on March 2, 1972, by the Governor.

(3) Revised implementation plan submitted on May 30, 1972, by the Governor.

(i) Maricopa County Bureau of Air Pollution Control.

(A) Previously approved on July 27, 1972 and now deleted without replacement Rules 60 to 67.

(ii) Arizona State Department of Health.

(A) Previously approved on July 27, 1972 in paragraph (c)(3) of this section and now deleted without replacement: Chapter 2 (“Legal Authority”), Section 2.9 (“Jurisdiction over Indian lands”); Arizona Revised Statutes sections 36-1700 (“Declaration of Policy”) and 36-1801 (“Jurisdiction over Indian Lands”); and Arizona State Department of Health, Rules and Regulations for Air Pollution Control 7-1-4.3 (“Sulfite Pulp Mills”) and 7-1-9.1 (“Policy and Legal Authority”).

(4) Transportation control plan submitted on April 11, 1973, by the Governor.

(5) Amendments (Non-regulatory) to the transportation control plan submitted on May 10, 1973, by the Governor.

(6) Arizona Air Pollution Control Regulations (numbers in parentheses indicate recodification of regulations as identified in the Arizona State Implementation Plan Semi-Annual Report submitted to EPA on September 4, 1975).

7-1-1.1 (R9-3-101)   (Policy and Legal Authority)

7-1-1.3 (R9-3-103)   (Air Pollution Prohibited)

7-1-1.5 (R9-3-105)   (Enforcement)

7-1-4.3 (R9-3-403)   (Sulfur Emissions: Sulfite Pulp Mills)

7-1-4.4 (R9-3-404)   (Sulphur Emissions: Sulfuric Acid Plants)

7-1-4.5 (R9-3-405)   (Sulphur Emissions: Other Industries)

7-1-5.1 (R9-3-501)   (Storage of Volatile Organic Compounds)

7-1-5.2 (R9-3-502)   (Loading of Volatile Organic Compounds)

7-1-5.3 (R9-3-503)   (Organic Compound Emissions: Pumps and Compressors)

7-1-5.4 (R9-3-504)   (Organic Solvents)

7-1-6.1 (R9-3-601)   (Carbon Monoxide Emissions: Industrial)

7-1-7.1 (R9-3-701)   (Nitrogen Oxide Emissions: Fuel Burning Installations)

7-1-7.2 (R9-3-702)   (Nitrogen Oxide Emissions: Nitric Acid Plants

7-1-8.3 (R9-3-803)   (New Installations)

Submitted on August 20, 1973.

(i) Arizona State Department of Health.

(A) Previously approved on July 31, 1978 in paragraph (c)(6) of this section and now deleted without replacement: Arizona Air Pollution Control Regulation 7-1-4.3 (R9-3-403) (“Sulfur Emissions: Sulfite Pulp Mills”).

(7) Revised transportation control plan submitted on September 11, 1973, by the Governor.

(8) Letter supplementing the revised transportation control plan encouraging mass transit, carpooling, etc., submitted on September 21, 1973, by the Governor.

(9) Letter supplementing the revised transportation control plan encouraging mass transit, carpooling, etc., submitted on October 2, 1973, by the Governor.

(10) Maricopa County Air Pollution Control District Regulation III, Rule 31 (Particulate Matter Emissions) submitted on January 28, 1974.

(11) Arizona Air Pollution Control Regulation 7-1-1.7 (R9-3-107) (Unlawful open burning) submitted on February 19, 1974.

(12) Pima County Air Pollution Control District Regulation II, Rule 2 (Particulate matter emissions) submitted on March 19, 1974.

(13) Air quality maintenance area designation analysis submitted on April 17, 1974, by the Arizona Department of Health Services.

(14) Arizona Air Pollution Control Regulations:

7-1-2.10 (R9-3-210)   (Emergency Episode Criteria)

7-1-4.2 (R9-3-402)   (Sulfur Emissions: Fuel Burning Installations)

Submitted on August 30, 1974.

(15) Arizona Air Pollution Control regulations 7-1-8.1 (R9-3-801) (Original State jurisdiction); 7-1-8.2 (R9-3-802) (Assertions of jurisdiction); 7-1-8.3 (R9-3-803) (Delegation of authority); 7-1-11.3 (R9-3-1203) (Suspension and revocation of permits); 7-1-11.4 (R9-3-1204) (Permits non-transferable); 7-1-11.5 (R9-3-1205) (Posting of permits); 7-1-11.6 (R9-3-1206) (Notice by permit agencies); 7-1-11.7 (R9-3-1207) (Equipment covered); 7-1-11.9 (R9-3-1209) (Permit Fees); and 7-1-1.4 (R9-3-104) (Recordkeeping and reporting) submitted September 27, 1974.

(16) Assertion of State Jurisdiction over Apache, Navajo, Santa Cruz and Yavapai Counties; Assertion of State Jurisdiction over Cochise County; and Assertion of State Jurisdiction over specific sources in Mohave County.

Submitted on February 3, 1975.

(17) Amendments to the Rules and Regulations of the Pima County Air Pollution Control District (Regulation I: Rules 2, 4D, 4E, 4J, 8G, 16C, 29, and 30) submitted on February 20, 1975, by the Director, Arizona Department of Health Services (the Governor's official representative).

(18) Air pollution control regulations for various counties submitted by the Governor on July 1, 1975, as follows:

(i) Coconino County Air Pollution Control Regulations.

12-1-1   (Legal Authority)

12-1-2   (Definitions)

12-1-3   (Air Pollution Prohibited)

12-2-2   (Operating Permits)

12-2-4   (Permit Fees)

12-2-5   (Permit Renewals)

12-2-7   (Testing of Installations)

12-2-8   (Compliance with Terms of Installation Permit)

12-2-9   (Notification of Denial of Permit)

12-2-10   (Appeals to the Hearing Board)

12-2-11   (Permits Not Transferable)

12-2-12   (Expiration of Installation Permit)

12-2-13   (Posting of Permits)

12-3-1   (Ambient Air Quality Standards)

12-3-2   (Emission Standards)

12-3-3   (Reporting of Emissions)

12-3-4   (Production of Records: Confidentiality)

12-3-5   (Monitoring Devices)

12-3-6   (Penalty for Violation)

12-4-1   (Shade, Density, or Opacity of Emissions)

12-4-2   (Dust Control)

12-4-3   (Processing of Animal or Vegetable Matter)

12-4-4   (Volatile and Odorous Materials)

12-4-5   (Storage and Handling of Petroleum Products)

12-5-1   (Permit Required)

12-5-2   (Performance Tests: Permit Tags)

12-5-3   (Emission Limitations)

12-5-4   (Authority of Other Public Agencies)

12-6-1   (Unlawful Open Burning)

12-6-2   (Exceptions Requiring no Permission)

12-6-3   (Exceptions Requiring Permission)

12-6-4   (Exceptions Under Special Circumstances)

12-7-1   (Misdemeanor: Penalty)

12-7-2   (Order of Abatement)

12-7-3   (Hearings on Orders of Abatement)

12-7-5   (Notice of Hearing; Publication; Service)

12-7-6   (Injunctive Relief)

(A) Previously approved on November 15, 1978 and now deleted without replacement Rules 12-7-2, 12-7-3, 12-7-5, and 12-7-6.

(B) Previously approved on November 15, 1978 in paragraph (i) of this section and now deleted without replacement Rules 12-1-1 through 12-1-3, 12-2-2, 12-2-4, 12-2-5, 12-2-7 through 12-2-13, 12-3-1, 12-3-3 through 12-3-6, 12-4-1 through 12-4-5, 12-5-1 through 12-5-4, 12-6-1 through 12-6-4, and 12-7-1.

(ii) Mohave County Air Pollution Control Regulations.

Sec. 1, Reg. 1   (Policy and Legal Authority)

Sec. 1, Reg. 2   (Definitions)

Sec. 1, Reg. 3   (Air Pollution Prohibited)

Sec. 1, Reg. 4   (Enforcement)

Sec. 2, Reg. 1   (Shade, Density or Opacity of Emissions)

Sec. 2, Reg. 2   (Particulate Matter)

Sec. 2, Reg. 3   (Reduction of Animal or Vegetable Matter)

Sec. 2, Reg. 4   (Evaporation and Leakage)

Sec. 2, Reg. 5   (Storage Tanks)

Sec. 3, Reg. 1   (Particulate Matter from Fuel Burning Installations)

Sec. 3, Reg. 2   (Particulate Matter from Other Sources)

Sec. 3, Reg. 3 (Sulfur from Primary Copper Smelters)

Sec. 3, Reg. 4   (Ground Level Concentrations)

Sec. 3, Reg. 5   (Exceptions)

Sec. 3, Reg. 6   (Incinerators)

Sec. 4, Reg. 1 and Reg. 2   (Responsibility and Requirements of Testing)

Sec. 5, Reg. 1   (Open Fires: Prohibition and Exceptions)

Sec. 6, Reg. 1   (Sulfur Dioxide)

Sec. 6, Reg. 2   (Non-Specific Particulate)

Sec. 6, Reg. 3   (Evaluation)

Sec. 6, Reg. 4 (Anti-Degradation)

Sec. 7   (Violations)

(A) Previously approved on November 15, 1978 in paragraph (ii) of this section and now deleted without replacement Rules 1-1 through 1-4, 2-1 through 2-5, 3-1, 3-2, 3-6, 4-1, 4-2, 5-1, 6-1 through 6-4, and 7.

(iii) Yuma County Air Pollution Control Regulations.

8-1-1.1   (Policy and Legal Authority)

8-1-1.2   (Definitions)

8-1-1.3   (Air Pollution Prohibited)

8-1-1.4   (Recordkeeping and Reporting)

8-1-1.5   (Enforcement)

8-1-1.6   (Exceptions)

8-1-2.1   (Non-Specific Particulate)

8-1-2.2   (Sulfur Dioxide)

8-1-2.3   (Non-Methane Hydrocarbons)

8-1-2.4   (Photochemical Oxidants)

8-1-2.5   (Carbon Monoxide)

8-1-2.6   (Nitrogen Dioxide)

8-1-2.7   (Evaluation)

8-1-2.10   (Emergency Episode Criteria)

8-1-3.1   (Visible Emissions; General)

8-1-3.2   (Fugitive Dust)

8-1-3.3   (Particulates—Incineration)

8-1-3.4   (Particulates—Wood Waste Burners)

8-1-3.5   (Particulates—Fuel Burning Equipment)

8-1-3.6   (Particulates—Process Industries)

8-1-4.2   (Fuel Burning Installations)

8-1-4.3   (Sulfur Emissions—Sulfite Pulp Mills)

8-1-4.4   (Sulfur Emissions—Sulfuric Acid Plants)

8-1-4.5   (Sulfur Emissions—Other Industries)

8-1-5.1   (Storage of Volatile Organic Compounds)

8-1-5.2   (Loading of Volatile Organic Compounds)

8-1-5.3   (Pumps and Compressors)

8-1-5.4   (Organic Solvents; Other Volatile Compounds)

8-1-6.1   (CO2 Emissions—Industrial)

8-1-7.1   (NO2 Emissions—Fuel Burning Equipment)

8-1-7.2   (NO2 Emissions—Nitric Acid Plants)

8-1-8.1   (Open Burning—Prohibition)

8-1-8.2   (Open Burning—Exceptions)

(A) Previously approved on November 15, 1978 in paragraph (iii) of this section and now deleted without replacement Rules 8-1-1.1, 8-1-2.7, 8-1-2.10, 8-1-4.2 through 8-1-4.5, 8-1-5.1 through 8-1-5.4, 8-1-6.1, 8-1-7.1, 8-1-7.2, 8-1-8.1, and 8-1-8.2.

(iv) Pinal-Gila Counties Air Pollution Control Regulations.

7-1-1.1   (Policy and Legal Authority)

7-1-1.2   (Definitions)

7-1-1.3   (Air Pollution Prohibited)

7-1-2.2   (Permit Unit Description and Fees)

7-1-2.4   (Appeals to Hearing Board)

7-1-2.5   (Transfer: Posting: Expirations)

7-1-2.6   (Recordkeeping and Reporting)

7-1-2.7   (Enforcement)

7-1-2.8   (Exceptions)

7-1-4.1 and 7-1-4.2   (Orders of Abatement)

7-1-5.1   (Classification and Reporting: Production of Records: Violation: and Penalty)

7-1-5.2   (Special Inspection Warrant)

7-1-5.3   (Decisions of Hearing Boards: Subpoenas)

7-1-5.4   (Judicial Review: Grounds: Procedures)

7-1-5.5   (Notice of Hearing: Publication: Service)

7-1-5.6   (Injunctive Relief)

7-2-1.1   (Non-Specific Particulate)

7-2-1.2   (Sulfur Dioxide)

7-2-1.3   (Non-Methane Hydrocarbons)

7-2-1.4   (Photochemical Oxidants)

7-2-1.5   (Carbon Monoxide)

7-2-1.6   (Nitrogen Dioxide)

7-2-1.7   (Evaluation)

7-2-1.8   (Anti-Degradation)

7-3-1.1   (Visible Emissions: General)

7-3-1.2   (Particulate Emissions—Fugitive Dust)

7-3-1.3   (Open Burning)

7-3-1.4   (Particulate Emissions—Incineration)

7-3-1.5   (Particulate Emissions—Wood-Waste Burners)

7-3-1.6   (Reduction of Animal or Vegetable Matter)

7-3-1.7   (Particulate Emissions—Fuel Burning Equipment)

7-3-1.8   (Particulate Emissions—Process Industries)

7-3-2.1 (Copper Smelters)

7-3-2.2   (SO2 Emissions—Fuel Burning Installations)

7-3-2.3   (SO2 Emissions—Sulfite Pulp Mills)

7-3-2.4   (SO2 Emissions—Sulfuric Acid Plants)

7-3-2.5   (Other Industries)

7-3-3.1   (Storage of Volatile Organic Compounds)

7-3-3.2   (Loading of Volatile Organic Compounds)

7-3-3.3   (Pumps and Compressors)

7-3-3.4   (Organic Solvents: Other Volatile Compounds)

7-3-4.1   (CO2 Emissions—Industrial)

7-3-5.1   (NO2 Emissions—Fuel Burning Equipment)

7-3-5.2   (NO2 Emissions—Nitric Acid Plants)

7-3-6.1   (Policy and Legal Authority)

(A) Previously approved on November 15, 1978 and now deleted without replacement Rules 7-1-4.1 to 7-1-4.2 and 7-1-5.1 to 7-1-5.6.

(B) Previously approved on November 15, 1978 and now deleted without replacement Rules 7-1-2.2, 7-1-2.4, 7-1-2.7, 7-2-1.3, and 7-3-6.1.

(C) Previously approved on December 17, 1979 and now deleted without replacement Rule 7-3-2.5.

(D) Previously approved on November 15, 1978 in paragraph (c)(18)(iv) of this section and now deleted without replacement Rules 7-1-1.1, 7-1-1.3, 7-1-2.5, 7-1-2.6, 7-2-1.1, 7-2-1.2, 7-2-1.4, 7-2-1.5, 7-2-1.6, 7-2-1.7, and 7-3-1.6.

(E) Previously approved on December 17, 1979 in paragraph (c)(18)(iv) of this section and now deleted without replacement Rule 7-2-1.8.

(F) Previously approved on November 15, 1978 in paragraph (c)(18)(iv) of this section and now deleted without replacement with respect to Gila County only Rules 7-3-1.2, 7-3-1.3, 7-3-1.4, 7-3-1.5, 7-3-1.7, 7-3-1.8, 7-3-2.2, 7-3-2.3, 7-3-2.4, 7-3-3.1, 7-3-3.2, 7-3-3.3, 7-3-4.1, 7-3-5.1, and 7-3-5.2.

(G) Previously approved on December 17, 1979 in paragraph (c)(18)(iv) of this section and now deleted without replacement with respect to Gila County only Rule 7-3-2.5.

(19) Arizona Air Pollution Control Regulations, submitted on September 16, 1975: R9-3-102 (Definitions), R9-3-108 (Test Methods and Procedures), R9-3-302 (Particulate Emissions: Fugitive Dust), R9-3-303 (Particulate Emissions: Incineration), R9-3-304 (Particulate Emissions: Wood Waste Burners), R9-3-305 (Particulate Emissions: Fuel Burning Equipment), R9-3-307 (Particulate Emissions: Portland Cement Plants); and R9-3-308 (Particulate Emissions: Heater-Planers), submitted on September 16, 1975.

(20) Arizona Air Pollution Control Regulations R9-3-505 (Gasoline Volatility Testing); R9-3-506 (Gasoline Volatility Standards); R9-3-1001 (Policy and Legal Authority); R9-3-1020 (State Stations Acting as Fleet Inspection Stations); any Fleet Inspection Stations for State Stations); submitted on January 23, 1976.

(i) Arizona State Department of Health.

(A) Previously approved on August 4, 1978 in paragraph (c)(20) of this section and now deleted without replacement: Arizona Air Pollution Control Regulation R9-3-1001 (“Policy and Legal Authority”).

(21) Amendments to the rules and Regulations of the Pima County Air Pollution Control District (Regulation I:

Rule 2 (paragraph uu-yy, Definitions); regulation II (Fuel Burning Equipment): Rule 2G (paragraphs 1-4c, Particulate Emissions), Rule 7A (paragraphs 1-6, Sulfur Dioxide Emissions), Rule 7B (paragraphs 1-4, Nitrogen Oxide Emission); Regulation VI: Rule 1A-H, (Ambient Air Quality Standards); Regulation VII (paragraph A-D, Standards of Performance for New Stationary Sources); and Regulation VIII (paragraphs A-C, Emission Standards for Hazardous Air Pollutants)) submitted on September 30, 1976 by the Director, Arizona Department of Health Services (the Governor's official representative).

(22)-(23) [Reserved]

(24) Arizona Air Pollution Control Regulations R9-3-1002 (Definitions); R9-3-1003 (Vehicles To Be Inspected by the Mandatory Vehicular Emissions Inspection Program); R9-3-1004 (State Inspection Requirements); R9-3-1005 (Time of Inspections); R9-3-1006 (Mandatory Vehicular Emissions Inspection); R9-3-1007 (Evidence of Meeting State Inspection Requirements); R9-3-1008 (Procedure for Issuing Certificates of Waiver); R9-3-1010 (Low Emissions Tune Up); R9-3-1011 (Inspection Report); R9-3-1012 (Inspection Procedure and Fee); R9-3-1013 (Reinspections); R9-3-1016 (Licensing of Inspectors); R9-3-1017 (Inspection of Governmental Vehicles); R9-3-1018 (Certificate of Inspection); R9-3-1019 (Fleet Station Procedures and Permits); R9-3-1022 (Procedure for Waiving Inspections Due to Technical Difficulties); R9-3-1023 (Certificate of Exemption); R9-3-1025 (Inspection of State Stations); R9-3-1026 (Inspection of Fleet Stations); R9-3-1027 (Registration of Repair Industry Analyzers); R9-3-1029 (Vehicle Emission Control Devices); and R9-3-1030 (Visible Emissions; Diesel-Powered Locomotives); submitted on February 11, 1977.

(25) [Reserved]

(26) Maricopa County Air Pollution Control District Regulation IV, rule 41, paragraph B (Continuously Monitoring and Recording Emissions) submitted on July 29, 1977.

(27) The following amendments to the plan were submitted on January 4, 1979 by the Governor's designee.

(i) Arizona State Rules and Regulations for Air Pollution Control.

(A) R-9-3-101, A., Nos. 2, 3, 29, 41, 53, 55, 87, 88, 89, 91, 92, 95, 100 and 117; R9-3-301, paragraphs D, J, and N; R9-3-306, paragraphs D and J; and R9-3-307, paragraphs C and E.

(B) New or amended Rules R9-3-101 (Nos. 1, 4, 6, (a, c, and d), 8, 9, 11, 13, 17 to 26, 28, 30 to 35, 37 to 40, 43 to 45, 48, 49, 54, 57 to 59, 61 to 73, 77 to 80, 82, 83, 86, 90, 94, 96, 98, 101, 102, 104, 105, 107 to 115, 118 to 120, 122, to 129, and 131), R9-3-217, R9-3-218, R9-3-219, R9-3-308, R9-3-310 (Paragraph C), R9-3-311 (Paragraph A), R9-3-312, R9-3-313 (Paragraphs A.1, A.2.b, A.3, A.4, B to D.1, D.3, D.4.a to F.1.2.iii, F.1.b., and F.2.b. to F.4), R9-3-314 to R9-3-319, R9-3-402 to R9-3-404, R9-3-406, R9-3-407, R9-3-409, R9-3-410, R9-3-502 (Paragraphs B, C, C.2, and D to G), R9-3-503 (Paragraph A), R9-3-504 (Paragraphs B and C), R9-3-505 (Paragraphs A, B.1.b., B.2.b, and B.3 to D), R9-3-506 (Paragraphs A.2, B, C.1.a to C.4), R9-3-507 (Paragraphs D to F), R9-3-508 (Paragraphs A and C), R9-3-510 (Paragraphs B to E), R9-3-511 (Paragraph B), R9-3-512 (Paragraph B), R9-3-513 (Paragraphs B and C), R9-3-514 (Paragraphs B and C), R9-3-516 (Paragraph B), R9-3-517 (Paragraphs B and C), R9-3-518 (Paragraphs B and C), R9-3-519 (Paragraphs A.2, A.3.a to A.3.c, A.3.e and B to C), R9-3-520 (Paragraphs B and C), R9-3-521 (Paragraphs B to D), R9-3-522 (Paragraphs A.1 to A.5, B and C), R9-3-523 (Paragraph B), R9-3-524 (Paragraphs C, D.1, D.2, D.4 to G.5), R9-3-525 (Paragraphs B to D), R9-3-526, R9-3-527, R9-3-528 (Paragraphs B to E and F.1 to F.4), R9-3-601 to R9-3-605, R9-3-1101, R9-3-1102, Appendix 10 (Sections A10.1.3.3, A10.1.4. and A10.2.2 to A10.3.4.) and Appendix 11.

(C) Previously approved in paragraphs (c)(27)(i)(A) and (B) of this section and now deleted without replacement: R9-3-101 (all paragraphs and nos. listed), paragraph B of R9-3-217, R9-3-301 (all paragraphs listed), R9-3-306 (all paragraphs listed), R9-3-307 (all paragraphs listed), R9-3-308, R9-3-310 (Paragraph C), R9-3-311 (Paragraph A), R9-3-312, R9-3-314, R9-3-315, R9-3-316, R9-3-317, R9-3-318, R9-3-518 (Paragraphs B and C), R9-3-319, R9-3-1101, and Appendix 10 (Sections A10.1.3.3, A10.1.4 and A10.2.2 to A10.3.4).

(D) Previously approved on April 23, 1982, in paragraph (c)(27)(i)(B) of this section and now deleted without replacement: R9-3-511 (Paragraph B), R9-3-512 (Paragraph B), R9-3-513 (Paragraphs B and C), and R9-3-517 (Paragraphs B and C).

(28) The following amendments to the plan were submitted on January 18, 1979 by the Governor's designee.

(i) Maricopa County Bureau of Air Pollution Control Rules and Regulations.

(A) Rule 33, Storage and Handling of Petroleum Products.

(B) New or amended Rules 21G and 41.

(29) The following amendments to the plan were submitted on January 23, 1979, by the Governor's designee.

(i) Arizona State Rules and Regulations for Air Pollution Control.

(A) Arizona Testing Manual for Air Pollutant Emissions (excluding Sections 2.0 and 5.0).

(B) Previously approved on April 23, 1982, in paragraph (c)(29)(i)(A) of this section and now deleted without replacement: Arizona Testing Manual for Air Pollutant Emissions, Sections 3.0 and 4.0.

(30) [Reserved]

(31) Revisions to the Arizona Air Pollution Control Regulations submitted on March 21, 1979:

R9-3-1002 (22,34); R9-3-1003 [A(A8-11),B,C]; R9-3-1005 [A, (A3)]; R9-3-1006 [A,(A1,2),B, (B2,3,4,5),D,E, (E1(c),2(c)),F,G, (G1,2), Table II]; R9-3-1008 [B,(B1,2,6,7)]; R9-3-1010 [A,(A3),C,D,F]; R9-3-1011 [A,B,(B1,2,3)];R9-3-1012(b); R9-3-1014; R9-3-1017 [B,(B4), C, E]; R9-3-1019 [A,B,D, D(1)(a)(i), D(1)(a)(ii)(6), D(1)(a)(iii), D(1)(c), D(1)(f)(11), H, (H1,2), I(I8,9,10,11,12,13), J, (J10), L, M, N, (N1,2)]; R9-3-(C,E); R9-3-1022(B); R9-3c-091023(A,B); R9-3-1027(F).

(32) The following amendments to the plan were submitted on February 23, 1979 by the Governor's designee.

(i) Nonatainment Area Plan for Carbon Monoxide and Photochemical Oxidants, Maricopa County Urban Planning Area.

(33) The Metropolitan Pima County Nonattainment Area Plan for CO was submitted by the Governor's designee on March 20, 1979.

(34) The Metropolitan Pima County Nonattainment Area Plan for TSP was submitted by the Governor's designee on March 27, 1979.

(35) The following amendments to the plan were submitted on April 10, 1979, by the Governor's designee.

(i) Yuma County Air Pollution Control District.

(A) New or amended Rules 8-1-1.2 8-1-1.3 thru 8-1-1.6 and 8-1-1.8 thru 8-1-1.13; 8-1-2.1 thru 8-1-2.6 and 8-1-2.8; 8-1-3.1 thru 8-1-3.6, 8-1-3.7 (except paragraph “F”) and 8-1-3.8 thru 8-1-3.20; and Appendices I and II.

(B) Previously approved on April 12, 1982 in paragraph (i)(A) of this section and now deleted without replacement Rules 8-1-1.2 through 8-1-1.6, 8-1-1.8 through 8-1-1.13, 8-1-2.1 through 8-1-2.6, 8-1-2.8, 8-1-3.1 through 8-1-3.20, Appendix I, and Appendix II.

(36) The following amendments to the plan were submitted on July 3, 1979 by the Governor's designee.

(i) Revision to the Nonattainment Area Plan for Carbon Monoxide and Photochemical Oxidants, Maricopa County Urban Planning Area.

(37) The following amendments to the plan were submitted on September 20, 1979 by the Governor's designee.

(i) Arizona State Rules and Regulations for Air Pollution Control.

(A) New or amended rule R9-3-515 (Paragraphs C.1.a. to C.1.h.; C.2; C.3, C.3.b., C.3.c., and C.3.h.; C.4.c. to C.4.g. and C.4.i.; C.5 and C.5.b. to C.5.d.; C.6.b.i. to C.6.b.iii., C.6.b.vi., C.6.b.vii., and C.6.c.; and C.8.).

(ii) “ASARCO Incorporated, Hayden Copper Smelter, State Implementation Plan Determination of Good Engineering Practice Stack Height,” September 17, 1979, issued by ADHS.

(38) The following amendment to the plan were submitted on October 9, 1979, by the Governor's designee.

(i) Pima County Health Department.

(A) New or amended Regulation 10: Rules 101-103; Regulation 11: Rules 111-113; Regulation 12: Rules 121-123; Regulation 13: Rules 131-137; Regulation 14: Rules 141 and 143-147; Regulation 15: Rule 151; Regulation 16: Rules 161-165; Regulation 17: Rules 172-174; Regulation 18: Rules 181 and 182; Regulation 20: Rules 201-205; Regulation 21: Rules 211-215; Regulation 22: Rules 221-226; Regulation 23: Rules 231-232; Regulation 24: Rules 241 and 243-248; Regulation 25: Rules 251 and 252; Regulation 30: Rules 301 and 302; Regulation 31: Rules 312-316 and 318; Regulation 32: Rule 321; Regulation 33: Rules 331 and 332; Regulation 34: Rules 341-344; Regulation 40: Rules 402 and 403; Regulation 41: 411-413; Regulation 50: Rules 501-503 and 505-507; Regulation 51: Rules 511 and 512; Regulation 60: Rule 601; Regulation 61: Rule 611 (Paragraph A.1 to A.3) and Rule 612; Regulation 62: Rules 621-624; Regulation 63: Rule 631; Regulation 64: Rule 641; Regulation 70: Rules 701-705 and 706 (Paragraphs A to C, D.3, D.4, and E); Regulation 71: Rules 711-714; Regulation 72: Rules 721 and 722; Regulation 80: Rules 801-804; Regulation 81: Rule 811; Regulation 82: Rules 821-823; Regulation 90: Rules 901-904; Regulation 91: Rule 911 (except Methods 13-A, 13-B, 14, and 15), and Rules 912 and 913; Regulation 92: Rules 921-924; and Regulation 93: Rules 931 and 932.

(1) Previously approved on April 16, 1982 in paragraph (c)(38)(i)(A) of this section and now deleted from the SIP without replacement Pima County Health Department Regulations: Regulation 13: Rules 131-137; Regulation 16: Rule 164; Regulation 18: Rules 181 and 182; Regulation 20: Rule 205; Regulation 21: Rule 214; and Regulation 24: Rules 245-248.

(B) New or amended Regulation 17: Rule 171, paragraphs B.1, B.1.a, B.7, B.8, C.1.a, C.1.b, C.2.a, C.2.c, C.2.d, C.3.a, and E.1.b; Regulation 42: Rules 421, 422, 423, 424, 425, and 426; and Regulation 50: Rule 504.

(C) Previously approved on April 16, 1982 and now deleted without replacement Rules 141, 143 to 147, 702, 711 to 714.

(39) The following amendments to the plan were submitted on November 8, 1979 by the Governor's designee.

(i) Nonattainment Area Plan for Total Suspended Particulates, Maricopa County Urban Planning Area.

(40) [Reserved]

(41) The following amendments to the plan were submitted on February 15, 1980, by the Governor's designee.

(i) 1.0 Air Quality Surveillance Network.

(42) The Technical Basis of New Source Review Regulations, Pima County, Arizona, February 6, 1980 (AQ-125-a) was submitted by the Governor's designee on February 28, 1980.

(43) The following amendments to the plan were submitted on April 1, 1980 by the Governor's designee.

(i) Arizona State Rules and Regulations for Air Pollution Control.

(A) R9-3-101, A., Nos. 7, 27, 46, 52, 54, 72, 73, 74, 81, 84, 85, 86, 88, 89, 92, 96, 97, 98, 111, 117, 118, and 122; R9-3-301, paragraphs B-1, B-2, C, E, F, H, I, J, K, M, N, O, P, and Q; R9-3-302, (except paragraphs D, E, and I); R9-3-303; R9-3-306, paragraphs B-2, C-1, C-3, and C-5 to C-7, E, F, G-1, G-3, G-4, H, and I; and R9-3-307, paragraphs A, B, D, and F.

(B) New or amended Rules R9-3-101 (Nos. 5, 15, 16, 42, 49, 51, 55, 94, 101, 103, 106, 126, 127, and 133), R9-3-201 (paragraph D.2), R9-3-202 (Paragraph D.2), R9-3-203 (Paragraph D.2), R9-3-204 (Paragraph C.2), R9-3-205 (Paragraph C.2), R9-3-206 (Paragraph C.2), R9-3-207 (Paragraph C.2), R9-3-313 (Paragraph F.1.a.i and ii), R9-3-401, R9-3-405, R9-3-408, R9-3-501 (Paragraph A to C), R9-3-502 (Paragraph A to A.4), R9-3-503 (Paragraphs B, C.1,C.2.a. to C.2.f., C.4 and C.5), R9-3-504 (Paragraph A.1 to A.4), R9-3-508 (Paragraph B.1 to B.6), R9-3-510 (Paragraph A.1 and A.2), R9-3-511 (Paragraph A.1 to A.5), R9-3-512 (Paragraph A.1 to A.5), R9-3-513 (Paragraph A.1 to A.5), R9-3-514 (Paragraph A.2), R9-3-516 (Paragraph A.1 to A.6), R9-3-517 (Paragraph A.1 to A.5), R9-3-518 (Paragraph A.1 to A.5), R9-3-520 (Paragraph A.1 to A.6), R9-3-521 (Paragraph A.1 to A.5), and Appendices 1 and 2.

(C) Previously approved in paragraphs (c)(43)(i)(A) and (B) of this section and now deleted without replacement: R9-3-101 (all paragraphs and nos. listed), R9-3-301 (all paragraphs listed), R9-3-302 (all paragraphs listed), R9-3-303, R9-3-306 (all paragraphs listed), R9-3-307 (all paragraphs listed), and R9-3-518 (Paragraph A.1 to A.5).

(D) Previously approved on April 23, 1982, in paragraph (c)(43)(i)(B) of this section and now deleted without replacement: R9-3-511 (Paragraph A.1 to A.5), R9-3-512 (Paragraph A.1 to A.5), R9-3-513 (Paragraph A.1 to A.5), and R9-3-517 (Paragraph A.1 to A.5).

(ii) Arizona Lead SIP Revision.

(44) The following amendments to the plan were submitted on June 23, 1980 by the Governor's designee.

(i) Maricopa County Bureau of Air Pollution Control Rules and Regulations.

(A) Rule 34, Organic Solvents.

(B) New or amended Rules 2 (except #49 and 57), 3, 24, 25, 25, 26, 27, 30, 31(A), (B), and (H), 32, (G), (H), (J), and (K), 40, 70-72, and 74 and deletion of “ee”.

(45) The following amendments to the plan were submitted on July 17, 1980 by the Governor's designee.

(i) Arizona State Rules and Regulations for Air Pollution Control.

(A) R-9-3-101, A., Nos. 73, 74, 75, 83, 86, 87, 88, 90, 91, 94, 98, 99, 100, 113, 119, 120, and 124; R9-3-301, paragraphs A, B-3, G, I, J, K, L, M, N, O, P, Q, and R; R9-3-306, paragraphs A, B-1, B-3, B-4, C-2, C-4, and G-2; and R9-3-320, paragraphs B and C.

(B) New or amended Rules R9-3-101 (Nos. 6(b), 10, 12, 14, 36, 50, 55, 77, 84, and 92), R9-3-311 (Paragraph B), R9-3-313 (Paragraphs A.2.a., D.2, D.4, F.1.C, and F.2.a.), R9-3-320 (Paragraph A), R9-3-502 (Paragraph C.1), R9-3-503 (Paragraph C, C.2, C.2.g. and C.3), R9-3-504 (Paragraph A), R9-3-505 (Paragraph B.1.a, B.2.a), R9-3-506 (Paragraph A to A.1), R9-3-507 (Paragraphs A to C), R9-3-508 (Paragraph B), R9-3-509, R9-3-510 (Paragraph A), R9-3-511 (Paragraph A), R9-3-512 (Paragraph A), R9-3-513 (Paragraph A), R9-3-514 (Paragraphs A to A.1), R9-3-516 (Paragraph A), R9-3-517 (Paragraph A), R9-3-518 (Paragraph A), R9-3-519 (Paragraph A to A.1, A.3, and A.3.d), R9-3-520 (Paragraph A), R9-3-521 (Paragraph A), R9-3-522 (Paragraph A), R9-3-523 (Paragraph A), R9-3-524 (Paragraphs A, B, D, and D.3), R9-3-525 (Paragraph A), R9-3-528 (Paragraphs A and F.5), Section 3, Method 11; Section 3.16, Method 16; Section 3.19, Method 19; Section 3.20, Method 20; and Appendix 10 (Sections A10.2 and A10.2.1).

(C) New or amended Rule R9-3-515 (Paragraphs A; and C.6, C.6.b, and C.6.b.v.).

(D) Previously approved in paragraphs (c)(45)(i)(A) and (B) of this section and now deleted without replacement: R9-3-101 (all paragraphs and nos. listed), R9-3-301 (all paragraphs listed), R9-3-306 (all paragraphs listed), R9-3-311 (all paragraphs listed), R9-3-509, and Appendix 10 (Sections A10.2 and A10.2.1).

(E) Previously approved on April 23, 1982, in paragraph (c)(45)(i)(B) of this section and now deleted without replacement: R9-3-511 (Paragraph A); R9-3-512 (Paragraph A); R9-3-513 (Paragraph A); R9-3-517 (Paragraph A); Section 3, Method 11; Section 3.16, Method 16; Section 3.19, Method 19; and Section 3.20, Method 20.

(46) The following amendments to the plan were submitted on August 7, 1980, by the Governor's designee.

(i) Pinal-Gila Counties Air Quality Control District.

(A) New or amended Rules 7-1-1.2, 7-1-1.3(C), 7-3-1.1, 7-3-1.4(C), 7-3-1.7(F), and 7-3-3.4.

(B) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) of this section and now deleted without replacement Rules 7-1-1.2 and 7-1-1.3(C).

(C) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) of this section and now deleted without replacement with respect to Gila County only Rules 7-3-1.1, 7-3-1.4(C), 7-3-1.7(F), and 7-3-3.4.

(D) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) of this section and now deleted without replacement with respect to Pinal County only Rule 7-3-3.4.

(47) The following amendments to the plan were submitted on September 10, 1980, by the Governor's designee.

(i) Arizona State Rules and Regulations and Air Pollution Control.

(A) New or amended Rules R9-3-101 (Nos. 24, 55, 102, and 115 (25-54, 56-101, 103-114, and 116-140 are renumbered only), R9-3-201 (Paragraphs A to D.1 and E), R9-3-202 (Paragraphs A to D.1 and E), R9-3-203 (Paragraphs A to D.1 and E), R9-3-204 (Paragraphs A to C.1 and D), R9-3-205 (Paragraphs A to C.1 and D), R9-3-206 (Paragraphs A to C.1 and D), R9-3-207 (Paragraphs A to C.1 and D), and R9-3-216.

(1) Previously approved in this paragraph (c)(47)(i)(A) and now deleted without replacement: R9-3-101 (all paragraphs and nos. listed).

(48) Arizona Lead SIP Revision submitted by the State on September 26, 1980.

(49) The following amendments to the plan were submitted on July 13, 1981 by the Governor's designee.

(i) Arizona Revised Statute Sec. 36-1718.

(50) The following amendments to the plan were submitted on July 13, 1981, by the Governor's designee.

(i) Arizona State Rules and Regulations for Air Pollution Control.

(A) New or amended Rules R9-3-310 (Paragraphs A and B), R9-3-501 (Paragraph D), R9-3-503 (Paragraph C.6), R9-3-506 (Paragraph C to C.1), and Appendix 10 (Sections A10.1-A10.1.3.2).

(B) New or amended Rule R9-3-515 (Paragraph C.4.a. and C.4.b.).

(C) Previously approved in paragraph (c)(50)(i)(A) of this section and now deleted without replacement: R9-3-310 (Paragraphs A and B) and Appendix 10 (Sections A10.1-A10.1.3.2).

(ii) Arizona Revised Statutes.

(A) Arizona County: Chapter 6, Article 8. Air Pollution, Sections 36-770 to 36-778, 36-779 to 36-779.07, 36-780, 36-780.01, 36-781 to 36-783, 36-784 to 36-784.04, 36-785, 36-785.01, 36-786 to 36-788, 36-789 to 36-789.02, 36-790, and 36-791.

(1) Previously approved on June 18, 1982 in paragraph (c)(50)(ii)(A) of this section and now deleted from the SIP without replacement Arizona Revised Statutes: sections 36-770, 36-776, and 36-777.

(B) Arizona State: Chapter 14, Air Pollution, Article 1. State Air Pollution Control, Sections 36-1700 to 36-1702, 36-1704 to 36-1706, 36-1707 to 36-1707.06, 36-1708, 36-1720.01, and 36-1751 to 36-1753.

(C) Previously approved on June 18, 1982 and now deleted without replacement Statutes 36-781, 36-782, 36-784, 36-784.01 to 36-784.04, 36-785, 36-785.01, and 36-786 to 36-788.

(D) Previously approved on June 18, 1982, in paragraph (c)(50)(ii)(B) of this section and now deleted without replacement: Arizona Revised Statutes section 36-1700.

(51) The following amendments to the plan were submitted on June 1, 1981, by the Governor's designee.

(i) Pima County Health Department.

(A) New or amended Regulation 14: Rule 142; Regulation 20: Rule 204; Regulation 24: Rule 242; Regulation 26: Rule 261; Regulation 50: Rule 504; Regulation 61: Rule 611 (Paragraph A); Regulation 70: Rule 706 (Paragraphs D.1 and D.2); and Regulation 91: Rule 911 (Methods 19 and 20).

(B) Previously approved on April 16, 1982 and now deleted without replacement Rule 142.

(52) The following amendments to the plan were submitted on August 5, 1981, by the Governor's designee.

(i) Arizona State Rules and Regulations for Air Pollution Control.

(A) New or amended Rules R9-3-1002, R9-3-1003, R9-3-1005, R9-3-1006, R9-3-1008, R9-3-1010 to R9-3-1014, R9-3-1016, R9-3-1019, R9-3-1023, R9-3-1025, R9-3-1027, and R9-3-1030.

(ii) Arizona Revised Statutes.

(A) Inspection and Maintenance—Chapter 14, Article 3. Annual Emissions Inspection of Motor Vehicles, Sections 36-1771 to 36-1775, 36-1708.01, 36-1709 to 36-1711, 36-1712 to 36-1712.04, 36-1713, 36-1713.01, 36-1714 to 36-1717, 36-1718, 36-1718.01, 36-1719, 36-1720, and 36-1776 to 36-1780.

(B) Previously approved on June 18, 1982 and now deleted without replacement Statutes 36-1709 to 36-1712, 36-1712.01 to 36-1712.04, 36-1713, 36-1713.01, and 36-1714 to 36-1716.

(53) The following amendments to the plan were submitted on March 8, 1982, by the Governor's designee.

(i) Maricopa County Bureau of Air Pollution Control Rules and Regulations.

(A) Rules 2 (Nos. 11 and 33, and deletion of Nos. 18, 49, 50, 52, and 54), 28 and 33.

(ii) The Improvement Schedules for Transit System and Rideshare Program in Metropolitan Pima County.

(54) The following amendments to the plan were submitted on June 3, 1982 by the Governor's designee.

(i) Arizona State Rules and Regulations for Air Pollution Control.

(A) New or amended Rule R9-3-515 Paragraphs C to C.1. and C.1.i.; C.3.a. and C.3.d. to C.3.g.; C.4. and C.4.h.; C.5.a.; C.6.a. and C.6.b.iv.; and C.9.).

(B) New or amended rules R9-3-101 (Nos. 3, 7, 8, 17, 18, 19, 20, 21, 29, 34, 35, 37, 56, 61, 62, 63, 68, 69, 75, 77, 78, 79, 88, 89, 90, 91, 98, 99, 101, 117, 122, 129, 133, 136, 146, and 157; 53 and 123 are deleted); R9-3-217; R9-3-301; R9-3-304; R9-3-305; R9-3-306 (paragraph A only); R9-3-320 (Repealed and Reserved); R9-3-1101 (paragraphs A, C, and D); Appendix 1; and Appendix 2.

(C) New or amended rules R9-3-101 (Nos. 4 to 6, 9 to 16, 22 to 28, 30 to 33, 36, 38 to 55, 57 to 60, 64 to 67, 70 to 74, 76, 80 to 87, 92 to 97, 100, 102 to 116, 118 to 121, 123 to 128, 130 to 132, 134, 135, 137 to 141, 142 to 145, 147 to 156, and 158 are renumbered only); R9-3-219; R9-3-502 (paragraph A to A.1 and A.2); R9-3-505 (paragraph B to B.1, B.2, B.3, and B.4); R9-3-508 (paragraph B to B.1, B.2, and B.5); R9-3-511 (paragraph A to A.1 and A.2); R9-3-513 (paragraph A to A.1 and A.2); R9-3-516 (paragraph A to A.1 and A.2); R9-3-517 (paragraph A to A.1); R9-3-518 (paragraph A to A.1 and A.2); R9-3-520 (paragraph A to A.1 and A.2); R9-3-521 (paragraph A to A.1 and A.2); R9-3-522 (paragraph A to A.1 and A.2); and Appendix 8 (Sections A8.3.1 and A8.3.2).

(D) New or amended rules R9-3-302 (paragraphs A-H); and R9-3-303 (paragraphs A to C and E to I), adopted on May 26, 1982.

(E) Previously approved in paragraphs (c)(54)(i)(B) and (c)(54)(i)(C) of this section and now deleted without replacement: R9-3-101 (all nos. listed except no. 20).

(F) Previously approved on September 28, 1982, in paragraph (54)(i)(C), and now deleted without replacement: R9-3-219.

(G) Previously approved on September 28, 1982, in paragraph (c)(54)(i)(C) of this section and now deleted without replacement: R9-3-518 (paragraphs A to A.1 and A.2).

(H) Previously approved in paragraphs (c)(54)(i)(B), (C), and (D) of this section and now deleted without replacement: R9-3-301 (all paragraphs except paragraphs I and K), R9-3-302 (all paragraphs listed), R9-3-303 (all paragraphs listed), R9-3-304 (all paragraphs except paragraph H), R9-3-305, R9-3-306 (paragraph A only), and R9-3-1101 (all paragraphs listed).

(I) Previously approved on September 28, 1982, in paragraph (c)(54)(i)(C) of this section and now deleted without replacement: R9-3-511 (Paragraph A to A.1 and A.2), R9-3-513 (Paragraph A to A.1 and A.2), and R9-3-517 (Paragraph A to A.1).

(55) The following amendments to the plan were submitted by the Governor's designee on March 4, 1983.

(i) Incorporation by reference. (A) Maricopa County Health Department, Bureau of Air Quality Control.

(1) New or amended rule 21.0:A-C, D.1.a-d, and E adopted on October 25, 1982.

(56) The following amendments to the plan were submitted on February 3, 1984, by the Governor's designee.

(i) Arizona State Rules and Regulations for Air Pollution Control.

(A) New or amended rules R9-101 (Nos. 98 and 158), R9-3-201 to R9-3-207, R9-3-215, R9-3-218, R9-3-310, R9-3-322, R9-3-402, R9-3-404, R9-3-502, R9-3-515 (paragraph C.3., C.5., and C.6.b.v.), R9-3-529, R9-3-1101, and Appendices 1 and 11.

(B) New or amended rules R9-3-101, Nos. 135 and 157, adopted on September 19, 1983.

(C) Previously approved in paragraphs (c)(56)(i)(A) and (B) of this section and now deleted without replacement: R9-3-101 (Nos. 135 and 157), R9-3-218, R9-3-310, R9-3-322, R9-3-1101 and Appendix 11.

(57) The following amendments to the plan were submitted by the Governor's designee on April 17, 1985.

(i) Incorporation by reference. (A) Maricopa County Health Department, Bureau of Air Quality Control.

(1) New or amended regulations: rule 21.0: D.1., D.1.e, f, and g adopted on July 9, 1984.

(58) The following amendments to the plan were submitted by the Governor's designee on October 18, 1985.

(i) Incorporation by reference. (A) Pima County Health Department.

(1) New or amended regulations: Regulation 16: Rule 166; Regulation 17; Rules 171 and 175; Regulation 20: Rule 202; Regulation 37: Rules 371, 372, 373, Figure 371-A, Figure 371-C, and Figure 372; and Regulation 38, Rule 381, A1, 2, 3, 4, 5, and B, adopted on December 6, 1983.

(59) The following amendments to the plan were submitted by the Governor's designee on October 24, 1985.

(i) Incorporation by reference. (A) Arizona Department of Health Services.

(1) New or amended rule R9-3-303, adopted on September 28, 1984.

(2) Previously approved in paragraph (c)(59)(i)(A)(1) of this section and now deleted without replacement: R9-3-303.

(60) The following amendments to the plan were submitted by the Governor's designee on October 5, 1987.

(i) Incorporation by reference. (A) Arizona Department of Health Services.

(1) New or amended rules R9-3-1001 (Nos. 8, 25, 33, 34, 38, 39, 40, and 43, No. 8), R9-3-1003, R9-3-1005, R9-3-1006, R9-3-1008, R9-3-1009, R9-3-1010, R9-3-1011, R9-3-1013, R9-3-1016, R9-3-1018, R9-3-1019, R9-3-1025, R9-3-1026, R9-3-1027, R9-3-1028, R9-3-1030, and R9-3-1031, adopted on December 23, 1986.

(2) Previously approved and now removed (without replacement), Rule R9-3-1014.

(B) The Maricopa Association of Governments (MAG) 1987 Carbon Monoxide (CO) Plan for the Maricopa County Area, MAC CO Plan Commitments for Implementation, and Appendix A through E, Exhibit 4, Exhibit D, adopted on July 10, 1987.

(61) The following amendments to the plan were submitted by the Governor's designee on January 6, 1988.

(i) Incorporation by reference. (A) The 1987 Carbon Monoxide State Implementation Plan Revision for the Tucson Air Planning Area adopted on October 21, 1987.

(62) The following amendments to the plan were submitted by the Governor's designee on March 23, 1988.

(i) Incorporation by reference. (A) Arizona Revised Statutes.

(1) Senate Bill 1360: Section 6: ARS 15-1444-C (added), Section 7: QRS 15-1627-F (added), Section 21: ARS 49- 542-A (amended, Section 21: ARS 49-542-E (added), Section 21: ARS 49-542-J.3.(b) (amended), and Section 23: ARS 49-550-E (added), adopted on May 22, 1987.

(2) Senate Bill 1360: Section 2: ARS 9-500.03 (added), Section 14: ARS 41-796.01 (added); Section 17: 49-454 (added), Section 18: 49-474.01 (added), and Section 25: ARS 49-571 (added), adopted on May 22, 1987.

(63) The following amendments to the plan were submitted by the governor's designee on May 26, 1988:

(i) Incorporation by reference. (A) Travel reduction ordinances for Pima County: Inter governmental Agreement (IGA) between Pima County, City of Tucson, City of South Tucson, Town of Oro Valley and Town of Marana, April 18, 1988; Pima County Ordinance No. 1988-72, City of Tucson ordinance No. 6914, City of South Tucson Resolutions No. 88-01, 88-05, Town of Oro Valley Resolutions No. 162, 326 and 327, Town of Marana Resolutions No. 88-06, 88-07 and Ordinance No. 88.06.

(64) The following amendments to the plan were submitted by the Governor's designee on June 1, 1988.

(i) Incorporation by reference. (A) Letter from the Arizona Department of Environmental Quality, dated June 1, 1988, committing to administer the provisions of the Federal New Source Review regulations consistent with EPA's requirements. The commitments apply to the issuance of, or revision to, permits for any source which is a major stationary source or major modification as defined in 40 Code of Federal Regulations, part 51, subpart I.

(65) The following amendments to the plan were submitted by the Governor's designee on July 18, 1988.

(i) Incorporation by reference. (A) Arizona Revised Statutes.

(1) House Bill 2206, Section 2: ARS 15-1627 (amended); Section 6: Title 28, ARS Chapter 22, Article 1, ARS 28-2701, ARS 28-2702, ARS 28-2703, ARS 28-2704, and ARS 28-2705 (added); Section 7: ARS 41.101.03 (amended); Section 9: ARS 41-2605 (amended); Section 10: ARS 41-2066 (amended); Section 11: ARS 41-2083 (amended); Section 13: Title 41, Chapter 15, Article 6, ARS 41-2121: Nos. 1, 3, 4, 5, 6, 7, 8, and 9, ARS 41-2122, ARS 41-2123, ARS 41-2124 (added); Section 15: Title 49, Chapter 3, Article 1, ARS 49-403 to 49-406 (added); Section 17: Title 49, Chapter 3, Article 3, ARS 49-506 (added); Section 18; ARS 49-542 (amended); Section 19: ARS 49-550 (amended); Section 20: ARS 49-551 (amended); Section 21: Title 49, Chapter 3, Article 5, ARS 49-553 (added), Section 22: ARS 49-571 (amended); Section 23: Title 49, Chapter 3, Article 8, ARS 49-581, ARS 49-582, ARS 49-583, ARS 49-584, ARS 49-585; ARS 49-586, ARS 49-588, ARS 49-590, and ARS 49-593 (added); Section 25: Definition of major employer, Section 27: Appropriations; Section 29: Delayed effective dates, adopted on June 28, 1988.

(2) House Bill 2206 section 6 which added, under Arizona Revised Statutes, title 28, chapter 22, new sections 28-2701 through 28-2708, and section 13 which added, under Arizona Revised Statutes, title 41, chapter 15, Article 6 new sections 41-2125A and 41-2125B. (Oxygenated fuels program for Pima County.)

(66) The following amendments to the plan were submitted by the Governor's designee on July 22, 1988.

(i) Incorporation by reference. (A) Letter from the Pima County Health Department, Office of Environmental Quality, dated April 24, 1988 committing to administer the New Source Review provisions of their regulations consistent with EPA's requirements. The commitments apply to the issuance of, or revision to, permits for any source which is a major stationary source of major modification as defined in 40 Code of Federal Regulations, part 51, subpart I.

(B) Letter from Maricopa County Department of Health Services, Division of Public Health, dated April 28, 1988 and submitted to EPA by the Arizona Department of Environmental Quality July 25, 1988, committing to administer the New Source Review provisions of their regulations, consistent with EPA's requirements. These commitments apply to the issuance of, or revision to, permits for any source which is a major stationary source or major modification as defined in the Code of Federal Regulations, part 51, subpart I.

(C) Addendum to MAG 1987 Carbon Monoxide Plan for the Maricopa County Nonattainment Area, July 21, 1988 (supplemental information related to the SIP revision of July 18, 1988).

(D) Commitment in the July 22, 1988 submittal letter to apply the oxygenated fuels program of the July 18, 1988 submittal to Pima County.

(67) Regulations for the Maricopa County Bureau of Air Pollution Control were submitted on January 4, 1990 by the Governor's designee.

(i) Incorporation by reference. (A) Amended regulations: Regulation II, rule 220 and Regulation III, rule 335, both adopted July 13, 1988.

(B) Amended Maricopa County Division of Air Pollution Control Rule 314, adopted July 13, 1988.

(C) Amended Regulation VI, Rule 600, revised on July 13, 1988.

(D) Rules 312 and 314, adopted on July 13, 1998.

(68) The following amendments to the plan were submitted by the Governor's designee on June 11, 1991.

(i) Incorporation by reference. (A) Arizona Revised Statutes.

(1) House Bill 2181 (approved, May 21, 1991), section 1: Arizona Revised Statute (A.R.S.) 41-2065 (amended); section 2: A.R.S. 41-2083 (amended); section 3: A.R.S. section 41-2122 (amended); section 4: A.R.S. Section 41-2123 (amended); and section 5: A.R.S. section 41-2124 (repealed).

(69) The following amendment to the plan was submitted by the Governor's designee on May 27, 1994.

(i) Incorporation by reference. (A) Arizona Department of Weights and Measures. (1) Letter from Grant Woods, Attorney General, State of Arizona, to John U. Hays, Director, Department of Weights and Measures, dated August 31, 1993, and enclosed Form R102 (“Certification of Rules and Order of Rule Adoption”).

(2) Arizona Administrative Code, Article 9 (“Gasoline Vapor Control”), Rules R4-31-901 through R4-31-910, adopted August 27, 1993, effective (for state purposes) on August 31, 1993.

(70) New and amended regulations for the Maricopa County Environmental Services Department—Air Pollution Control were submitted on June 29, 1992, by the Governor's designee.

(i) Incorporation by reference. (A) New Rules 337, 350, and 351, adopted on April 6, 1992.

(71) New and amended regulations for the following agencies were submitted on August 15, 1994 by the Governor's designee.

(i) Incorporation by reference. (A) Pinal County Air Quality Control District.

(1) Chapter 1, Article 3, section 1-3-140, subsections 5, 15, 21, 32, 33, 35, 50, 51, 58, 59, 103, and 123, adopted on November 3, 1993; Chapter 3, Article 1, section 3-1-081(A)(8)(a), adopted on November 3, 1993; Chapter 3, Article 1, section 3-1-084, adopted on August 11, 1994; and Chapter 3, Article 1, section 3-1-107, adopted on November 3, 1993.

(72) New and amended plans and regulations for the following agencies were submitted on November 13, 1992 by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted on November 13, 1992.

(B) Maricopa County Environmental Quality and Community Services Agency.

(1) Rule 340, adopted on September 21, 1992.

(73) [Reserved]

(74) Plan revisions were submitted by the Governor's designee on March 3, 1994.

(i) Incorporation by reference. (A) Maricopa County Environmental Services Department new Rule 316, adopted July 6, 1993, and revised Rule 311, adopted August 2, 1993. Note: These rules are restored as elements of the State of Arizona Air Pollution Control Implementation Plan effective September 3, 1997.

(B) [Reserved]

(75) Program elements submitted on November 14, 1994, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) Basic and Enhanced Inspection and Maintenance Vehicle Emissions Program. Adopted on September 15, 1994.

(76) Program elements were submitted on February 1, 1995 by the Governor's designee.

(i) Incorporation by reference. (A) Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted on February 1, 1995.

(77) Amended regulations for the following agency were submitted on December 19, 1994, by the Governor's designee.

(i) Incorporation by reference. (A) Maricopa County Environmental Services Department.

(1) Rule 334, adopted on September 20, 1994.

(78) New and amended regulations for the Maricopa County Environmental Services Department—Air Pollution Control were submitted on February 4, 1993, by the Governor's designee.

(i) Incorporation by reference. (A) New Rule 352, adopted on November 16, 1992.

(B) Rule 100, Section 504 adopted on November 16, 1992.

(C) Rule 339, adopted on November 16, 1992.

(79) New and amended regulations for the following agencies were submitted on June 29, 1992 by the Governor's designee.

(i) Incorporation by reference. (A) Maricopa County Environmental Quality and Community Services Agency.

(1) Rule 353, adopted on April 6, 1992.

(80) New and amended regulations for the following agencies were submitted on August 10, 1992 by the Governor's designee.

(i) Incorporation by reference. (A) Maricopa County Environmental Quality and Community Services Agency.

(1) Rules 331 and 333, adopted on June 22, 1992.

(81) Amended regulation for the following agency was submitted on August 16, 1994, by the Governor's designee.

(i) Incorporation by reference. (A) Maricopa County Environmental Services Department.

(1) Rule 341, adopted on August 5, 1994.

(82) New and amended rules and regulations for the Maricopa County Environmental Services Department—Air Pollution Control were submitted on August 31, 1995, by the Governor's designee.

(i) Incorporated by reference. (A) Rule 343, adopted on February 15, 1995.

(B) [Reserved]

(C) Rule 351, revised on February 15, 1995.

(D) Rule 318 and Residential Woodburning Restriction Ordinance, adopted on October 5, 1994.

(E) Maricopa County.

(1) Ordinance P-7, Maricopa County Trip Reduction Ordinance, adopted May 26, 1994.

(83) New and revised rules and regulations for the Maricopa County Environmental Services Department-Air Pollution Control were submitted on February 26, 1997, by the Governor's designee.

(i) Incorporation by reference. (A) Rules 331, 333, and 334, revised on June 19, 1996, and Rule 338, adopted on June 19, 1996.

(B) Rule 336, adopted on July 13, 1988 and revised on June 19, 1996.

(84) Amended regulations for the Pinal County Air Quality Control District were submitted on November 27, 1995, by the Governor's designee.

(i) Incorporation by reference. (A) Rules 1-1-020, 1-1-030, 1-1-040, 1-1-060, 1-1-070, 1-1-080, 1-1-100, 1-2-110, 2-1-010, 2-1-020, 2-1-030, 2-1-040, 2-1-050, 2-1-060, 2-1-070, 2-2-080, 2-2-090, 2-3-100, 2-3-110, 2-4-120, 2-4-130, 2-4-140, 2-4-150, 2-5-170, 2-5-210, 2-6-220, 2-7-230, 2-7-240, 2-7-250, 2-7-260, 2-7-270, 3-1-020, 3-1-132, adopted on June 29, 1993.

(B) Rules 1-1-090, 1-2-120, 3-1-010, 3-1-030, 3-1-055, 3-1-065, 3-1-070, 3-1-082, 3-1-085, 3-1-087, 3-1-090, 3-1-102, 3-1-105, 3-1-110, 3-1-120, 3-1-140, 3-1-150, 3-1-160, 3-1-170, 3-1-173, 3-1-175, 3-1-177, 3-2-180, 3-2-185, 3-2-190, 3-2-195, 3-3-200, 3-3-203, 3-3-205, 3-3-260, 3-3-270, 3-3-275, 3-3-280, adopted on November 3, 1993.

(C) Rules 1-1-010, 1-1-106, 2-5-190, 2-5-200, 3-1-042, 3-1-060, 3-1-081, 3-1-083, 3-1-084, 3-1-089, 3-1-103, 3-1-107, 3-1-109, 3-3-210, 3-3-250, adopted on February 22, 1995.

(D) Rules 1-3-130, 1-3-140, 2-5-160, 2-5-180, 3-1-040, 3-1-050, adopted on October 12, 1995.

(E) Rules 5-22-950, 5-22-960, and 5-24-1045 codified on February 22, 1995.

(F) Amendments to Rules 5-18-740, 5-19-800, and 5-24-1055 adopted on February 22, 1995.

(G) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(A) of this section and now deleted without replacement, Rule 3-1-020.

(H) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(D) of this section and now deleted without replacement, Rule 1-3-130.

(I) Rules 2-8-280, 2-8-290, 2-8-300, 2-8-310, and 2-8-320, adopted on June 29, 1993.

(J) Rules 3-8-700 and 3-8-710, amended on February 22, 1995.

(K) Rule 5-24-1040, codified on February 22, 1995.

(L) Rules 4-2-020, 4-2-030, and 4-2-040, adopted on June 29, 1993.

(M) Rule 5-24-1032, “Federally Enforceable Minimum Standard of Performance—Process Particulate Emissions,” codified February 22, 1995.

(85) New and revised rules and regulations for the Maricopa County Environmental Services Department-Air Pollution Control were submitted on March 4, 1997, by the Governor's designee.

(i) Incorporation by reference. (A) Rule 337, revised on November 20, 1996, and Rules 342 and 346, adopted on November 20, 1996.

(86) [Reserved]

(87) New and amended fuel regulations for the following Arizona Department of Environmental Quality plan revisions were submitted on April 29, 1997, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Revised Statutes.

(1) Section 13 of H.B, 2001 (A.R.S. §41-2083(E)), adopted on November 12, 1993.

(88) Plan revisions were submitted on May 7, 1997 by the Governor's designee.

(i) Incorporation by reference. (A) Maricopa County Environmental Services Department.

(1) Rule 310, adopted September 20, 1994.

(2) Resolution To Improve the Administration of Maricopa County's Fugitive Dust Program and to Foster Interagency Cooperation, adopted May 14, 1997.

(B) The City of Phoenix, Arizona.

(1) A Resolution of the Phoenix City Council Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted April 9, 1997.

(C) The City of Tempe, Arizona.

(1) A Resolution of the Council of the City of Tempe, Arizona, Stating Its Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted March 27, 1997.

(D) The Town of Gilbert, Arizona.

(1) A Resolution of the Mayor and the Common Council of the Town of Gilbert, Maricopa County, Arizona, Providing for the Town's Intent to Work Cooperatively with Maricopa County, Arizona, to Control the Generation of Fugitive Dust Pollution, adopted April 15, 1997.

(E) The City of Chandler, Arizona.

(1) A Resolution of the City Council of the City of Chandler, Arizona, Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted March 27, 1997.

(F) The City of Glendale, Arizona.

(1) A Resolution of the Council of the City of Chandler, Maricopa County, Arizona, Stating Its Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted March 25, 1997.

(G) The City of Scottsdale, Arizona.

(1) A Resolution of the Scottsdale City Council Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted March 31, 1997.

(H) The City of Mesa, Arizona.

(1) A Resolution of the Mesa City Council Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Particulate Air Pollution and Directing City Staff to Develop a Particulate Pollution Control Ordinance Supported by Adequate Staffing Levels to Address Air Quality, adopted April 23, 1997.

(89) Plan revisions were submitted on September 12, 1997 by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Cleaner Burning Gasoline Interim rule submitted as a revision to the Maricopa Country Ozone Nonattainment Area Plan, adopted on September 12, 1997.

(90) Plan revisions were submitted on January 21, 1998 by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Cleaner Burning Gasoline Interim rule submitted as a revision to the PM-10 Maricopa County State Implementation Plan, adopted on September 12, 1997.

(91) The following amendments to the plan were submitted on October 6, 1997 by the Governor's designee.

(i) Incorporation by reference. (A) 1996 Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (as updated August, 1997).

(1) Base year (1994) emissions inventory and contingency plan, including commitments to follow maintenance plan contingency procedures by the Pima Association of Governments and by the member jurisdictions: the town of Oro Valley, Arizona (Resolution No. (R) 96-38, adopted June 5, 1996), the City of South Tucson (Resolution No. 96-16, adopted on June 10, 1996), Pima County (Resolution and Order No. 1996-120, adopted June 18, 1996), the City of Tucson (Resolution No. 17319, adopted June 24, 1996), and the town of Marana, Arizona (Resolution No. 96-55, adopted June 18, 1996).

(B) Arizona Revised Statutes. Senate Bill 1002, Sections 26, 27 and 28: ARS 41-2083 (amended), 41-2122 (amended), 41-2125 (amended), adopted on July 18, 1996.

(92) Plan revisions were submitted on March 3, 1995, by the Governor's designee.

(A) Arizona State Administrative Code Title 18, Chapter 2, Article 14, adopted on December 23, 1994.

(93) Plan revisions were submitted on September 4, 1998 by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Revised Statute 49-457.

(94) New and amended rules and regulations for the Maricopa County Environmental Services Department-Air Pollution Control were submitted on August 4, 1999, by the Governor's designee.

(i) Incorporation by reference. (A) Rule 336, adopted on July 13, 1988 and revised on April 7, 1999 and Rule 348, adopted on April 7, 1999.

(B) Rule 318 and Residential Woodburning Restriction Ordinance, revised on April 21, 1999.

(C) Rule 347, adopted on March 4, 1998.

(D) Rule 316, adopted on April 21, 1999.

(E) Rule 344, adopted on April 7, 1999.

(F) Rule 349, adopted on April 7, 1999.

(G) Rule 331, revised on April 7, 1999.

(95) The following amendments to the plan were submitted on August 11, 1998 by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Revised Statutes.

(1) Senate Bill 1427, Section 14: ARS 49-401.01 (amended) and Section 15: 49-406 (amended), approved on May 29, 1998.

(96) The following amendments to the plan were submitted on September 1, 1999 by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Revised Statutes.

(1) House Bill 2254, Section 1: ARS 41-3009.01 (amended); Section 2: 49-541.01 (amended); Section 3: 49-542 (amended); Section 4: 49-545 (amended); Section 5: 49-557 (amended); Section 6: 49-573 (amended); Section 7: 41-803 (amended) and Section 8: 41-401.01 (amended), adopted on May 18, 1999.

(2) House Bill 2189, Section 3: ARS 41-796.01 (amended); Section 9: 41-2121 (amended); Section 40: 49-401.01 (amended), Section 41: 49-402 (amended); Section 42: 49-404 (amended): Section 43:49-454 (amended); Section 44: 49-541 (amended); and Section 46: 49-571 (amended), adopted on May 18, 1999

(97) New and amended rules for the Arizona Department of Environmental Quality were submitted on March 26, 2001, by the Governor's designee.

(i) Incorporation by reference. (A) Rules R18-2-310 and R18-2-310.01 effective on February 15, 2001.

(98) Plan revisions were submitted on July 11, 2000 by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Administrative Code R18-2-610 and R18-2-611 effective May 12, 2000.

(99) Plan revisions submitted on January 28, 2000 by the Governor's designee.

(i) Incorporation by reference. (A) Maricopa County, Arizona.

(1) Residential Woodburning Restriction Ordinance adopted on November 17, 1999.

(100) Plan revisions submitted on February 16, 2000 by the Governor's designee.

(i) Incorporation by reference. (A) Maricopa Association of Governments, Maricopa County, Arizona.

(1) Resolution to Adopt the Revised MAG 1999 Serious Area Particulate Plan for PM-10 for the Maricopa County Nonattainment Area (including Exhibit A, 2 pages), adopted on February 14, 2000.

(B) City of Avondale, Arizona.

(1) Resolution No. 1711-97; A Resolution of the City Council of the City of Avondale, Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 14 pages), adopted on September 15, 1997.

(2) Resolution No. 1949-99; A Resolution of the Council of the City of Avondale, Maricopa County, Arizona, Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted on February 16, 1999.

(C) Town of Buckeye, Arizona.

(1) Resolution No. 15-97; A Resolution of the Town Council of the Town of Buckeye, Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 5 pages), adopted on October 7, 1997.

(D) Town of Carefree, Arizona.

(1) Town of Carefree Resolution No. 97-16; A Resolution of the Mayor and Common Council of the Town of Carefree, Arizona, To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 3 pages), adopted on September 2, 1997.

(2) Town of Carefree Resolution No. 98-24; A Resolution of the Mayor and Common Council of the Town of Carefree, Arizona, To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 4 pages), adopted on September 1, 1998.

(3) Town of Carefree Ordinance No. 98-14; An Ordinance of the Town of Carefree, Maricopa County, Arizona, Adding Section 10-4 to the Town Code Relating to Clean-Burning Fireplaces, Providing Penalties for Violations (3 pages), adopted on September 1, 1998.

(E) Town of Cave Creek, Arizona.

(1) Resolution R97-28; A Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages), adopted on September 2, 1997.

(2) Resolution R98-14; A Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 1 page), adopted on December 8, 1998.

(F) City of Chandler, Arizona.

(1) Resolution No. 2672; A Resolution of the City Council of the City of Chandler, Arizona To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 16 pages), adopted on August 14, 1997.

(2) Resolution No. 2929; A Resolution of the City Council of the City of Chandler, Arizona, To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 9 pages), adopted on October 8, 1998.

(G) City of El Mirage, Arizona.

(1) Resolution No. R97-08-20; Resolution To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 8 pages), adopted on August 28, 1997.

(2) Resolution No. R98-08-22; A Resolution of the Mayor and Common Council of the City of El Mirage, Arizona, Amending Resolution No. R98-02-04 To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 5 pages), adopted on August 27, 1998.

(3) Resolution No. R98-02-04; A Resolution To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 5 pages), adopted on February 12, 1998.

(H) Town of Fountain Hills, Arizona.

(1) Resolution No. 1997-49; A Resolution of the Common Council of the Town of Fountain Hills, Arizona, Adopting the MAG 1997 Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area and Committing to Certain Implementation Programs (including Exhibit B, 5 pages and cover), adopted on October 2, 1997.

(2) Town of Fountain Hills Resolution No. 1998-49; Resolution To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted on October 1, 1998. [Incorporation Note: Incorporated materials are pages 4 to 10 of the 11-page resolution package; pages 1 and 2 are cover sheets with no substantive content and page 11 is a summary of measures previously adopted by the Town of Fountain Hills.]

(I) Town of Gilbert, Arizona.

(1) Resolution No. 1817; A Resolution of the Common Council of the Town of Gilbert, Maricopa County, Arizona, Authorizing the Implementation of the MAG 1997 Serious Area Particulate Plan for PM-10 and the MAG Serious Area Carbon Monoxide Plan for the Maricopa County Area (including 15 pages of attached material), adopted on June 10, 1997.

(2) Resolution No. 1864; A Resolution of the Common Council of the Town of Gilbert, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Attachment A, 5 pages), adopted on November 25, 1997. [Incorporation note: Attachment A is referred to as Exhibit A in the text of the Resolution.]

(3) Ordinance 1066; An Ordinance of the Common Council of the Town of Gilbert, Arizona Amending the Code of Gilbert by Amending Chapter 30 Environment, by adding New Article II Fireplace Restrictions Prescribing Standards for Fireplaces, Woodstoves, and Other Solid-Fuel Burning Devices in New Construction; Providing for an Effective Date of January 1, 1999; Providing for Repeal of Conflicting Ordinances; Providing for Severability (3 pages), adopted on November 25, 1997.

(4) Resolution No. 1939: A Resolution of the Common Council of the Town of Gilbert, Arizona, Expressing its Commitment to Implement Measures in the Maricopa Association of Governments (MAG) 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Attachment A, 5 pages), adopted on July 21, 1998. [Incorporation note: Attachment A is referred to as Exhibit A in the text of the Resolution.]

(J) City of Glendale, Arizona.

(1) Resolution No. 3123 New Series; A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 20 pages), adopted on June 10, 1997.

(2) Resolution No. 3161 New Series; A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 6 pages), adopted on October 28, 1997.

(3) Resolution No. 3225 New Series; A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 9 pages), adopted on July 28, 1998.

(K) City of Goodyear, Arizona.

(1) Resolution No. 97-604 Carbon Monoxide Plan; A Resolution of the Council of the City of Goodyear, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 21 pages), adopted on September 9. [Incorporation note: Adoption year not given on the resolution but is understood to be 1997 based on resolution number.]

(2) Resolution No. 98-645; A Resolution of the Council of the City of Goodyear, Maricopa County, Arizona, Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Attachment III, 7 pages), adopted on July 27, 1998.

(L) City of Mesa, Arizona.

(1) Resolution No. 7061; A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 13 pages plus index page), adopted on June 23, 1997.

(2) Resolution No. 7123; A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 10 pages), adopted on December 1, 1997.

(3) Resolution No. 7360; A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8 pages), adopted on May 3, 1999.

(4) Ordinance No. 3434; An Ordinance of the City Council of the City of Mesa, Maricopa County, Arizona, Relating to Fireplace Restrictions Amending Title 4, Chapter 1, Section 2 Establishing a Delayed Effective Date; and Providing Penalties for Violations (3 pages), adopted on February 2, 1998.

(M) Town of Paradise Valley, Arizona.

(1) Resolution Number 913; A Resolution of the Town of Paradise Valley, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 9 pages), adopted on October 9, 1997.

(2) Resolution Number 945; A Resolution of the Mayor and Town Council of the Town of Paradise Valley, Arizona, to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 5 pages), adopted on July 23, 1998.

(3) Ordinance Number 454; An Ordinance of the Town of Paradise Valley, Arizona, Relating to Grading and Dust Control, Amending Article 5-13 of the Town Code and Sections 5-13-1 Through 5-13-5, Providing Penalties for Violations and Severability (5 pages), adopted on January 22, 1998. [Incorporation note: There is an error in the ordinance's title, ordinance amended only sections 5-13-1 to 5-13-4; see section 1 of the ordinance.]

(4) Ordinance Number 450; An Ordinance of the Town of Paradise Valley, Arizona, Adding Section 5-1-7 to the Town Code Relating to Clean-Burning Fireplaces, Providing Penalties for Violations (3 pages), adopted on December 18, 1997.

(N) City of Peoria, Arizona.

(1) Resolution No. 97-37; A Resolution of the Mayor and Council of the City of Peoria, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibits A, 5 pages, and B, 19 pages), adopted on June 17, 1997.

(2) Resolution No. 97-113; A Resolution of the Mayor and Council of the City of Peoria, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area and Directing the Recording of This Resolution with the Maricopa County Recorder and Declaring an Emergency (including Exhibit A, 8 pages plus index page), adopted on October 21, 1997.

(3) Resolution No. 98-107; A Resolution of the Mayor and Council of the City of Peoria, Arizona, to Approve and Authorize the Acceptance to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted on July 21, 1998.

(O) City of Phoenix, Arizona.

(1) Resolution No. 18949; A Resolution Stating the City's Intent to Implement Measures to Reduce Air Pollution (including Exhibit A, 19 pages), adopted on July 2, 1997.

(2) Resolution No. 19006; A Resolution Stating the City's Intent to Implement Measures to Reduce Air Pollution (including Exhibit A, 13 pages), adopted on November 19, 1997.

(3) Ordinance No. G4037; An Ordinance Amending Chapter 39, Article 2, Section 39-7 of the Phoenix City Code by Adding Subsection G Relating to Dust Free Parking Areas; and Amending Chapter 36, Article XI, Division I, Section 36-145 of the Phoenix City Code Relating to Parking on Non-Dust Free Lots, adopted on July 2, 1997 (5 pages).

(4) Resolution No. 19141; A Resolution Stating the City's Intent to Implement Measures to Reduce Particulate Air Pollution (including Exhibit A, 10 pages), adopted on September 9, 1998.

(5) Ordinance No. G4062; An Ordinance Amending the Phoenix City Code By Adding A New Chapter 40 “Environmental Protections,” By Regulating Fireplaces, Wood Stoves and Other Solid-Fuel Burning Devices and Providing that the Provisions of this Ordinance Shall Take Effect on December 31, 1998 (5 pages), adopted on December 10, 1997.

(P) Town of Queen Creek, Arizona.

(1) Resolution 129-97; A Resolution of the Town Council of the Town of Queen Creek, Maricopa County, Arizona to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 3 pages), adopted on June 4, 1997.

(2) Resolution 145-97; A Resolution of the Town Council of the Town of Queen Creek, Maricopa County, Arizona to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 1 page), adopted on November 5, 1997.

(3) Resolution 175-98; A Resolution of the Town Council of the Town of Queen Creek, Maricopa County, Arizona to Implement Measures in the MAG 1998 Serious Area Particulate Plan for the Maricopa County Area (including Exhibit A, 9 pages), adopted on September 16, 1998.

(Q) City of Scottsdale, Arizona.

(1) Resolution No. 4864; A Resolution of the City of Scottsdale, Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area: Stating the Council's Intent to Implement Certain Control Measures Contained in that Plan (including Exhibit A, 21 pages), adopted on August 4, 1997.

(2) Resolution No. 4942; Resolution of the Scottsdale City Council To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 13 pages), adopted on December 1, 1997.

(3) Resolution No. 5100; A Resolution of the City of Scottsdale, Maricopa County, Arizona, To Strengthen Particulate Dust Control and Air Pollution Measures in the Maricopa County Area (including Exhibit A, 10 pages), adopted on December 1, 1998.

(R) City of Surprise, Arizona.

(1) Resolution No. 97-29; A Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages), adopted on June 12, 1997.

(2) Resolution No. 97-67; A Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 3 pages), adopted on October 23, 1997.

(3) Resolution No. 98-51; A Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 6 pages), adopted on September 10, 1998.

(S) City of Tempe, Arizona.

(1) Resolution No. 97.39; Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 18 pages), adopted on June 12, 1997.

(2) Resolution No. 97.71, Resolution of the Council of the City of Tempe Stating Its Intent to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 6 pages), adopted on November 13, 1997.

(3) Resolution No. 98.42, Resolution of the Council of the City of Tempe Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8 pages), adopted on September 10, 1998.

(T) City of Tolleson, Arizona.

(1) Resolution No. 788, A Resolution of the Mayor and City Council of the City of Tolleson, Maricopa County, Arizona, Implementing Measures in the Maricopa Association of Governments (MAG) 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 12 pages), adopted on June 10, 1997.

(2) Resolution No. 808, A Resolution of the Mayor and City Council of the City of Tolleson, Maricopa County, Arizona, Implementing Measures in the Maricopa Association of Governments (MAG) 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A), adopted on July 28, 1998.

(3) Ordinance No. 376, N.S., An Ordinance of the City of Tolleson, Maricopa County, Arizona, Amending Chapter 7 of the Tolleson City Code by Adding a New Section 7-9, Prohibiting the Installation or Construction of a Fireplace or Wood Stove Unless It Meets the Standards Set Forth Herein (including Exhibit A, 4 pages), adopted on December 8, 1998.

(U) Town of Wickenburg, Arizona.

(1) Resolution No. 1308, Resolution To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages), adopted on August 18, 1997.

(V) Town of Youngtown, Arizona.

(1) Resolution No. 97-15, Resolution To Implement Measures in the MAG 1997 Serious Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages), adopted on September 18, 1997.

(2) Resolution No. 98-15: Resolution To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8 pages), adopted on August 20, 1998.

(3) Resolution No 98-05: Resolution Stating Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution (including Exhibit A, 2 pages), adopted February 19, 1998.

(W) Maricopa County, Arizona.

(1) Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1A998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 16 pages), adopted on June 25, 1997. [Incorporation note: “1A998” error in the original.]

(2) Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 9 pages), adopted on November 19, 1997.

(3) Resolution to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 10 pages), adopted on February 17, 1999.

(4) Resolution to Implement Measures in the MAG 1999 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 10 pages), adopted on December 15, 1999.

(X) Arizona Department of Transportation, Phoenix, Arizona.

(1) Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 24 pages plus index page), adopted on June 20, 1997.

(2) Resolution to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8 pages), adopted on July 17, 1998.

(Y) Regional Public Transportation Authority, Phoenix, Arizona.

(1) Resolution #9701: Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 23 pages), adopted on June 12, 1997.

(Z) State of Arizona.

(1) Arizona Revised Statute Section 49-542(F)(7) as added in Section 31 of Arizona Senate Bill 1002, 42nd Legislative Session, 7th Special Session (1996), approved by the Governor July 18, 1996.

(101) Plan revisions submitted on March 2, 2000, by the Governor's designee.

(i) Incorporation by reference. (A) Maricopa County Environmental Services Department.

(1) Rule 310 revised on February 16, 2000.

(2) Rule 310.01 adopted on February 16, 2000.

(3) Appendix C revised on February 16, 2000.

(102) Plan revisions submitted on January 8, 2002, by the Governor's designee.

(i) Incorporation by reference. (1) Maricopa County, Arizona.

(1) Resolution to Update Control Measure 6 in the Revised MAG 1999 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 2 pages), adopted on December 19, 2001.

(103) The following plan was submitted on February 7, 2002, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) Bullhead City Moderate Area PM10 Maintenance Plan and Request for Redesignation to Attainment, adopted on February 7, 2002.

(104) The following plan was submitted on March 29, 2002, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) Payson Moderate Area PM10 Maintenance Plan and Request for Redesignation to Attainment, adopted on March 29, 2002.

(B) [Reserved]

(105) Amended rule for the following agency was submitted on March 22, 2002, by the Governor's designee.

(i) Incorporation by reference. (A) Maricopa County Environmental Services Department.

(1) Rule 314, revised on December 19, 2001.

(106) Amended rule for the following agency was submitted on February 22, 2002, by the governor's designee.

(i) Incorporation by reference. (A) Maricopa County Environmental Services Department.

(1) Rule 140, revised on September 5, 2001.

(107) Amended rules for the following agency were submitted on October 7, 1998 by the Governor's designee.

(i) Incorporation by reference. (A) Pinal County Air Quality Control District.

(1) Rule 1-3-140, adopted on June 29, 1993 and amended on July 29, 1998.

(2) Rule 4-2-050, adopted on May 14, 1997.

(108) Revisions to the Arizona State Implementation Plan for the Motor Vehicle Inspection and Maintenance Programs, submitted on July 6, 2001.

(i) Incorporation by reference. (A) Arizona Revised Statutes.

(1) Section 49-551 as amended in Section 27 of Arizona Senate Bill 1427, 43rd Legislature, 2nd Regular Session (1998), approved by the Governor on May 29, 1998.

(2) Section 49-544 as amended in Section 15 of Arizona Senate Bill 1007, 43rd Legislature, 4th Special Session (1998), approved by the Governor on May 20, 1998.

(3) Section 49-541 as amended in Section 44 of Arizona House Bill 2189, 44th Legislature, 1st Regular Session (1999), approved by the Governor on May 18, 1999.

(4) Section 49-542.01 repealed in Section 3 and Section 49-545 as amended in Section 5 of Arizona House Bill 2104, 44th Legislature, 2nd Regular session (2000), approved by the Governor on April 28, 2000.

(5) Section 49-542.05 as added in Section 23 of Arizona Senate Bill 1004, 44th Legislature, 7th Special Session (2000), approved by the Governor on December 14, 2000.

(B) Arizona Administrative Code.

(1) Title 18, Chapter 2, Article 10 (except for AAC R 18-2-1020) “Motor Vehicles; Inspection and Maintenance” as adopted on December 31, 2000.

(109) Revisions to the Arizona State Implementation Plan for the Motor Vehicle Inspection and Maintenance Programs, submitted on April 10, 2002 by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Revised Statutes.

(1) Section 49-542 as amended in Section 9, Section 49-543 as amended in Section 11, and Section 49-541.01 repealed in Section 29 of Arizona House Bill 2538, 45th Legislature, 1st Regular Session (2001), approved by the Governor on May 7, 2001.

(B) Arizona Administrative Code.

(1) Amendments to AAC R 18-2-1006 and 18-2-1019, and the repeal of AAC R 18-2-1014 and R 18-2-1015 effective January 1, 2002.

(110) New and amended regulations were submitted on July 15, 1998, and supplemented on May 16, 2014, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) Rules R18-2-701, R18-2-710, R18-2-725, R18-2-727, R18-2-801, R18-2-802, R18-2-803, R18-2-804, and R18-2-805, amended on November 15, 1993.

(2) Rules R18-2-715.02 and R18-2-715, Appendix 8 amended on November 15, 1993.

(3) Arizona Administrative Code, title 18 (“Environmental Quality”), chapter 2 (“Department of Environmental Quality—Air Pollution Control”), supp. 12-2, June 30, 2012: R18-2-601 (“General”); R18-2-604 (“Open Areas, Dry Washes, or Riverbeds”); R18-2-605 (“Roadways and Streets”); R18-2-606 (“Material Handling”); R18-2-607 (“Storage Piles”); and R18-2-614 (“Evaluation of Nonpoint Source Emissions”); R18-2-706 (“Standards of Performance for Existing Nitric Acid Plants”); R18-2-707 (“Standards of Performance for Existing Sulfuric Acid Plants”); R18-2-714 (“Standards of Performance for Existing Sewage Treatment Plants”); R18-2-723 (“Standards of Performance for Existing Concrete Batch Plants”); R18-2-726 (“Standards of Performance for Sandblasting Operations”); and R18-2-728 (“Standards of Performance for Existing Ammonium Sulfide Manufacturing Plants”).

(111) The following plan was submitted on June 18, 2002, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) Ajo Sulfur Dioxide State Implementation and Maintenance Plan, adopted by Arizona Department of Environmental Quality on June 18, 2002.

(112) Revised regulations were submitted on August 15, 2001, by the Governor's designee as part of the submittal entitled Arizona Cleaner Burning Gasoline Rule to Revise the State Implementation Plan for the Maricopa County Carbon Monoxide, Ozone, and PM10 Nonattainment Areas. The incorporated materials from this submittal supercede those included in the submittals entitled SIP Revision, Arizona Cleaner Burning Gasoline Permanent Rules—Maricopa County Ozone Nonattainment Area, submitted on February 24, 1999, and State Implementation Plan Revision for the Cleaner Burning Gasoline Program in the Maricopa County Ozone Nonattainment Area, submitted on March 29, 2001.

(i) Incorporation by reference. (A) Arizona Administrative Code.

(1) AAC R20-2-701, R20-2-716, R20-2-750 through 762, and Title 20, Chap. 2, Art. 7, Tables 1 and 2 (March 31, 2001).

(113) Revised statutes were submitted on January 22, 2004, by the Governor's designee as part of the submittal entitled Supplement to Cleaner Burning Gasoline Program State Implementation Plan Revision. The incorporated materials from this submittal supercede those included in the submittals entitled SIP Revision, Arizona Cleaner Burning Gasoline Permanent Rules—Maricopa County Ozone Nonattainment Area, submitted on February 24, 1999, State Implementation Plan Revision for the Cleaner Burning Gasoline Program in the Maricopa County Ozone Nonattainment Area, submitted on March 29, 2001, and Arizona Cleaner Burning Gasoline Rule to Revise the State Implementation Plan for the Maricopa County Carbon Monoxide, Ozone, and PM10 Nonattainment Areas, submitted August 15, 2001.

(i) Incorporation by reference. (A) Arizona Revised Statutes.

(1) ARS sections 49-541(1)(a), (b), and (c), 41-2124, 41-2123, 41-2113(B)(4), 41-2115, and 41-2066(A)(2) (as codified on March 31, 2001).

(114) The following plan was submitted on June 21, 2002, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) Morenci Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan, adopted by the Arizona Department of Environmental Quality on June 21, 2002.

(115) Amended regulations were submitted on January 16, 2004, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) Rule 18-2-101 (Paragraphs 41 and 111), amended on November 15, 1993 and Rule R-18-2-702, amended on December 26, 2003.

(116) New and amended regulations were submitted on September 12, 2003, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) Rules R18-2-715 (sections F, G, and H) and R18-2-715.01 amended on August 9, 2002.

(117) Amended regulation was submitted on July 28, 2004, by the Governor's designee.

(i) Incorporation by reference. (A) Maricopa County Environmental Services Department.

(1) Rule 331 adopted on April 21, 2004.

(118) The following plan was submitted on April 18, 2001, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) Revised MAG 1999 Serious Area Carbon Monoxide Plan for the Maricopa County Nonattainment Area, dated March 2001, adopted by the Maricopa Association of Governments on March 28, 2001, and adopted by the Arizona Department of Environmental Quality on April 18, 2001.

(119) The following plan was submitted on June 16, 2003, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) MAG Carbon Monoxide Redesignation Request and Maintenance Plan for the Maricopa County Nonattainment Area and Appendices, dated May 2003, adopted by the Arizona Department of Environmental Quality on June 16, 2003.

(120) [Reserved]

(121) A plan revision was submitted on April 20, 2005 by the Governor's designee.

(i) Incorporation by reference. (A) Maricopa County Environmental Services Department.

(1) Permit V98-004, condition 23, W.R. Meadows of Arizona, Inc., Goodyear, AZ, adopted on February 17, 2005.

(122) A plan revision was submitted on April 25, 2005 by the Governor's designee.

(i) Incorporation by reference. (A) Maricopa County Environmental Services Department.

(1) Rule 358 adopted on April 20, 2005.

(123) The following plan was submitted on December 7, 1998, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) Letter and enclosures regarding Arizona's Intent to “Opt-out” of the Clean Fuel Fleet Program, adopted by the Arizona Department of Environmental Quality on December 7, 1998.

(124) The following plan was submitted on December 14, 2000, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) Final Serious Area Ozone State Implementation Plan for Maricopa County, dated December 2000, adopted by the Arizona Department of Environmental Quality on December 14, 2000.

(125) The following plan was submitted on April 21, 2004, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) One-Hour Ozone Redesignation Request and Maintenance Plan for the Maricopa County Nonattainment Area, dated March 2004, adopted by the Maricopa Association of Governments Regional Council on March 26, 2004 and adopted by the Arizona Department of Environmental Quality on April 21, 2004.

(126) The following plan was submitted on December 14, 2001, by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality.

(1) Douglas Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan, dated November 29, 2001, adopted by the Arizona Department of Environmental Quality on December 14, 2001.

(127) The following plan was submitted on April 2, 2004, by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality.

(1) Modeling Supplement—Douglas Sulfur Dioxide (SO2) State Implementation and Maintenance Plan, adopted by the Arizona Department of Environmental Quality on April 2, 2004.

(128) The following plan was submitted on September 16, 2005, by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality.

(1) Modeling and Emissions Inventory Supplement for the Douglas Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan and Redesignation Request, dated September 2005, adopted by the Arizona Department of Environmental Quality on September 16, 2005.

(129) The following amended rule was submitted on September 12, 2005, by the Governor's designee.

(i) Incorporation by reference.

(A) Pinal County Air Quality Control District.

(1) Rule 2-8-300, adopted on June 29, 1993 and amended on May 18, 2005.

(130) An amended regulation was submitted on March 1, 2006, by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality.

(1) Rule R18-2-Appendix 8, adopted on December 22, 1976 and amended effective on July 18, 2005.

(131) The following amended rules were submitted on December 30, 2004, by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Environmental Quality.

(1) Rule R18-2-602, adopted effective on May 14, 1979 and amended effective on March 16, 2004.

(2) Rules R18-2-1501, R18-2-1502, R18-2-1503, R18-2-1504, R18-2-1505, R18-2-1506, R18-2-1507, R18-2-1508, R18-2-1509, R18-2-1510, R18-2-1511, R18-2-1512, and R18-2-1513, adopted effective on October 8, 1996 and amended effective on March 16, 2004.

(B) Pima County Department of Environmental Quality.

(1) Rule 17.12.480, amended on October 19, 2004.

(C) Pinal County Air Quality Control District.

(1) Rules 3-8-700 and 3-8-710, adopted effective on June 29, 1993 and amended on October 27, 2004.

(132) The following plan revision was submitted on June 26, 2002, by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality.

(1) Final Miami Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan (June 2002), chapter 7 (“Maintenance Plan”), adopted on June 26, 2002 by the Arizona Department of Environmental Quality.

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) Final Miami Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan (June 2002), excluding the cover page, and pages iii, 2, 3, 4, and 49; chapter 7 (“Maintenance Plan”); appendix A (“SIP Support Information”), sections A.1 (“Pertinent Sections of the Arizona Administrative Code”) and A.2 (“Information Regarding Revisions to AAC R18-2-715 and R18-2-715.01, ‘Standards of Performance for Primary Copper Smelters: Site Specific Requirements; Compliance and Monitoring’ ”); and appendix D (“SIP Public Hearing Documentation”), adopted on June 26, 2002 by the Arizona Department of Environmental Quality.

(2) Submittal of Corrections to the Final Miami Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan (June 2002), letter and enclosures (replacement pages for the cover page and pages iii, 2, 3, 4 and 49), dated June 30, 2004.

(3) Letter from Stephen A. Owens, Director, Arizona Department of Environmental Quality, dated June 20, 2006, withdrawing a section 107(d)(3)(D) boundary redesignation request included in the Miami Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan and requesting a section 110(k)(6) error correction.

(133) The following statute and plan were submitted on December 23, 2005 by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Revised Statutes.

(1) Section 49-542 as amended in section 1 of the Arizona House Bill 2357, 47th Legislature, 1st Regular Session (2005) and approved by the Governor on April 13, 2005.

(ii) Additional material.

(A) Arizona Department of Environmental Quality.

(1) Final Arizona State Implementation Plan Revision, Basic and Enhanced Vehicle Emissions Inspection/Maintenance Programs (December 2005), adopted by the Arizona Department of Environmental Quality on December 23, 2005, excluding appendices.

(134) The following plan was submitted on October 3, 2006 by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality.

(1) September 2006 Supplement to Final Arizona State Implementation Plan Revision, Basic and Enhanced Vehicle Emissions Inspection/Maintenance Programs, December 2005, adopted by the Arizona Department of Environmental Quality on October 3, 2006, excluding appendices.

(135) An amended regulation was submitted on June 8, 2006, by the Governor's designee.

(i) Incorporation by reference.

(A) Maricopa County Environmental Services Department.

(1) Rule 314, adopted on July 13, 1988 and amended on April 20, 2005.

(136) The following plan was submitted on May 24, 2007 by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality.

(1) Revision to the Arizona State Implementation Plan Under Clean Air Act Section 110(a)(2)(D)(i)—Regional Transport (May 2007), adopted by the Arizona Department of Environmental Quality on May 24, 2007.

(137) The Administrator is approving the following elements of the Revised PM-10 State Implementation Plan for the Salt River Area, September 2005, submitted on October 7, 2005, by the Governor's designee.

(i) Incorporation by reference.

(A) Maricopa County Air Quality Department.

(1) Rule 325, adopted on August 10, 2005.

(2) Rule 310, revised on April 7, 2004.

(3) Appendix C, “Fugitive Dust Test Methods,” adopted on June 16, 1999, and revised on April 7, 2004.

(4) Appendix F, “Soil Designations,” adopted on April 7, 2004.

(5) Resolution No. C-85-05-005-0-00: Resolution to Implement Additional Measures for the Maricopa County, Arizona Serious PM-10 Nonattainment Area (including Exhibit A), adopted on January 19, 2005.

(B) City of Apache Junction.

(1) Resolution No. 04-24: A Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on September 21, 2004.

(C) City of Avondale.

(1) Resolution No. 2448-04: A Resolution of the Council of the City of Avondale, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on September 20, 2004.

(D) Town of Buckeye.

(1) Resolution No. 58-04: A Resolution of the Mayor and Town Council of the Town of Buckeye, Arizona, Implementing Measures to Reduce Reentrained Dust Emission from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on November 16, 2004.

(E) City of Chandler.

(1) Resolution No. 3782: Resolution to Implement Measures to Reduce Re-entrained Dust Emissions from Identified Paved Roads in Chandler As Part of the Revised PM-10 State Implementation Plan for Air Quality (including Exhibit A and Exhibit B), adopted on October 14, 2004.

(F) City of El Mirage.

(1) Resolution No. R04-10-54: A Resolution of the Mayor and City Council of the City of El Mirage, Maricopa County, Arizona, Implementing Measures to Reduce Re-entrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on October 28, 2004.

(G) Town of Fountain Hills.

(1) Resolution No. 2004-63: A Resolution of the Mayor and Council of the Town of Fountain Hills, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Protocol to Reduce Reentrained Dust Emissions from Targeted Paved Roads), adopted on November 18, 2004.

(H) Town of Gilbert.

(1) Resolution No. 2575: A Resolution of the Common Council of the Town of Gilbert, Arizona to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Town of Gilbert Protocol for Reducing PM-10 Emissions from “High Dust” Paved Roads), adopted on March 29, 2005.

(I) City of Glendale.

(1) Resolution No. 3796 New Series: A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures to Reduce Re-entrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Glendale Targeted Street Sweeping Protocol to Reduce Dust Emissions), adopted on September 14, 2004.

(J) City of Goodyear.

(1) Resolution No. 04-941: A Resolution of the Mayor and Council of the City of Goodyear, Maricopa County, Arizona, to Authorize the City Manager to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Protocol for Reducing Reentrained Dust Emissions from Targeted Paved Roads), adopted on October 25, 2004.

(K) City of Mesa.

(1) Resolution No. 8344: A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, Stating the City's Intent to Implement Measures to Reduce Particulate Pollution (including Exhibit A), adopted on October 4, 2004.

(L) Town of Paradise Valley.

(1) Resolution Number 1084: Resolution to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on September 23, 2004.

(M) City of Peoria.

(1) Resolution No. 04-235: A Resolution of the Mayor and City Council of the City of Peoria, Maricopa County, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and City of Peoria Targeted Paved Roadways Dust Control Protocol, September 24, 2004), adopted on October 5, 2004.

(N) City of Phoenix.

(1) Resolution No. 20114: A Resolution Stating the City's Intent to Implement Measures to Reduce Air Pollution (including Exhibit A, City of Phoenix 2004 Protocol and Implementation Plan for Paved Streets with Potential for Dust Emissions, and Attachment A), adopted on June 16, 2004.

(O) City of Scottsdale.

(1) Resolution No. 6588: A Resolution of the Council of the City of Scottsdale, Maricopa County Arizona, Authorizing Implementation of Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Attachment #1—Protocol to Reduce Reentrained Dust Emissions from Targeted Paved Roads), adopted on December 6, 2004.

(P) City of Surprise.

(1) Resolution No. 04-163: A Resolution of the Mayor and Council of the City of Surprise, Arizona, to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Protocol), adopted on September 23, 2004.

(Q) City of Tempe.

(1) Resolution No. 2004.84: A Resolution of the Mayor and City Council of the City of Tempe, Arizona, to Implement Measures to Reduce Re-entrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Protocol for Reducing Re-entrained Dust Emissions from Targeted Paved Roads, September 30, 2004), adopted on September 30, 2004.

(R) City of Tolleson.

(1) Resolution No. 947: A Resolution of the Mayor and City Council of the City of Tolleson, Maricopa County, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on September 28, 2004.

(S) Town of Youngtown.

(1) Resolution No. 05-01: Resolution to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on January 20, 2005.

(T) Arizona Department of Transportation.

(1) Resolution to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Arizona Department of Transportation Plan to Reduce Reentrained Dust Emissions from Targeted Paved Roads), adopted on September 17, 2004.

(138) The Administrator is approving the following elements of the Revised PM-10 State Implementation Plan for the Salt River Area, Additional Submittals, September 2005, Additional Submittal in November 2005, submitted on November 29, 2005, by the Governor's designee.

(i) Incorporation by reference.

(A) Maricopa County Air Quality Department.

(1) Rule 310.01, adopted on June 16, 1999, and revised on February 17, 2005.

(2) Application for Dust Control Permit, adopted on June 22, 2005.

(3) Guidance for Application for Dust Control Permit, adopted on June 22, 2005.

(139) The following plan was submitted on July 5, 2007 by the Governor's designee.

(i) Incorporation by reference.

(A) Maricopa County Air Quality Department

(1) Rule 242, adopted on June 20, 2007.

(140) The following plan was submitted on June 7, 2007 by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality. (1) Final Arizona State Implementation Plan Revision, San Manuel Sulfur Dioxide Nonattainment Area, March 2007, Arizona Department of Environmental Quality.

(B) Maricopa County Air Quality Department.

(1) Rule 510, “Air Quality Standards,” excluding Appendix G to the Maricopa County Air Pollution Control Regulations, adopted on July 13, 1988 and revised on November 1, 2006.

(141) The following amended rules were submitted on July 10, 2008, by the Governor's designee.

(i) Incorporation by reference.

(A) Maricopa County.

(1) Ordinance P-26, “Residential Woodburning Restriction Ordinance,” adopted on October 5, 1994 and revised on March 26, 2008.

(B) Maricopa County Air Quality Department.

(1) Rule 314, “Open Outdoor Fires and Indoor Fireplaces at Commercial and Institutional Establishments,” adopted on July 13, 1988 and revised on March 12, 2008.

(2) Rule 316, “Nonmetallic Mineral Processing,” adopted on March 12, 2008.

(3) Rule 300, “Visible Emissions,” amended March 12, 2008.

(142) New and amended regulations were submitted on January 9, 2008, by the Governor's designee.

(i) Incorporation by reference.

(A) Maricopa County Air Quality Department.

(1) Rule 322, “Power Plant Operations,” adopted October 17, 2007.

(2) Rule 323, “Fuel Burning Equipment from Industrial/Commercial/Institutional (ICI) Sources,” adopted October 17, 2007.

(3) Rule 324, “Stationary Internal Combustion (IC) Engines,” adopted October 17, 2007.

(143) The 2008 Revision to the Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (for 2010), adopted by the Pima Association of Governments on June 26, 2008, and adopted and submitted by the Arizona Department of Environmental Quality on July 10, 2008, excluding appendix D.

(144) Appendix D (Revised) (“Letter from Arizona Department of Environmental Quality re: Vehicle Emissions Inspection Program (VEIP), Revised to include supporting documents authorizing the VEIP from 2009 to 2017 (Chapter 171, Senate Bill 1531 from the 48th Regular Session of the Arizona Legislature and Arizona Revised Statute text A.R.S. 41-3017.01”), adopted as a Supplement to the Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (for 2010) by the Pima Association of Governments on May 28, 2009, and adopted and submitted by the Arizona Department of Environmental Quality on June 22, 2009.

(145) New and amended regulations were submitted on June 12, 2009 by the Governor's designee.

(i) Incorporation by Reference.

(A) Pinal County Air Quality Control District.

(1) Rule 2-8-302, “Performance Standards—Hayden PM-10 Non-attainment Area,” adopted on January 7, 2009.

(i) Pinal County Board of Supervisors, Resolution No. 010709-AQ3, Pinal County Air Quality Control District, “A Resolution of the Board of Supervisors of Pinal County, Adopting Certain Revisions to the Pinal County Air Quality Control District Rules, adopted January 7, 2009; to Wit: Rule 2-8-302 (Performance Standards—Hayden PM10 Nonattainment Area). Rule 4-2-020, “Fugitive Dust—General,” amended on December 4, 2002. Rule 4-2-030, “Fugitive Dust—Definitions,” amended on December 4, 2002. Chapter 4, Article 4, “PM-10 Non-attainment Area Rules; Dustproofing and Stabilization for Commercial Unpaved Parking, Drive and Working Yards”; Section 4-4-100, “General Provisions,” amended on June 3, 2009; Section 4-4-110, “Definitions,” amended on June 3, 2009; Section 4-4-120, “Objective Standards,” amended on June 3, 2009; Section 4-4-130, “Work Practice Standards,” adopted on June 3, 2009; Section 4-4-140, “Recordkeeping and Records Retention,” adopted on June 3, 2009. Chapter 4, Article 5, “PM-10 Non-attainment Area Rules; Stabilization for Residential Parking and Drives”; Section 4-5-150, “Stabilization for Residential Parking and Drives; Applicability,” amended on June 3, 2009; Section 4-5-160, “Residential Parking Control Requirement,” amended on June 3, 2009; Section 4-5-170, “Deferred enforcement date,” amended on June 3, 2009. Chapter 4, Article 7, “Construction Sites in Non-Attainment Areas—Fugitive Dust”; Section 4-7-210, “Definitions,” adopted on June 3, 2009; Section 4-7-214, “General Provisions,” adopted on June 3, 2009; Section 4-7-218, “Applicability; Development Activity,” adopted on June 3, 2009; Section 4-7-222, “Owner and/or Operator Liability,” adopted on June 3, 2009; Section 4-7-226, “Objective Standards; Sites,” adopted on June 3, 2009; Section 4-7-230, “Obligatory Work Practice Standards; Sites,” adopted on June 3, 2009; Section 4-7-234, “Nonattainment-Area Dust Permit Program; General Provisions,” adopted on June 3, 2009; Section 4-7-238, “Nonattainment Area Site Permits,” adopted on June 3, 2009; Section 4-7-242, “Nonattainment Area Block Permits,” adopted on June 3, 2009; Section 4-7-246, “Recordkeeping and Records Retention,” adopted on June 3, 2009. Chapter 4, Article 9, “Test Methods”; Section 4-9-320, “Test Methods for Stabilization For Unpaved Roads and Unpaved Parking Lots,” adopted on June 3, 2009; Section 4-9-340, “Visual Opacity Test Methods,” adopted on June 3, 2009.

(146) The following plan was submitted on April 12, 2010 by the Governor's designee.

(i) Incorporation by reference.

(A) Maricopa County Air Quality Department.

(1) Rule 310, “Fugitive Dust From Dust-Generating Operations,” adopted on January 27, 2010.

(2) Rule 310.01, “Fugitive Dust From Non-Traditional Sources of Fugitive Dust,” adopted on January 27, 2010.

(147) The following plan was submitted on July 10, 2008 by the Governor's designee.

(i) Incorporation by reference.

(A) Maricopa County Air Quality Department.

(1) Appendix C—“Fugitive Dust Test Methods,” adopted on March 26, 2008.

(148) The following plan revision was submitted on September 21, 2009 by the Governor's designee.

(i) Incorporation by reference. (A) Arizona Department of Weights and Measures. (1) Arizona Revised Statutes, title 41 (State Government), chapter 15 (Department of Weights and Measures), as amended and supplemented by the general and permanent laws enacted through the First Special Session, and legislation effective January 11, 2011 of the First Regular Session of the Fiftieth Legislature (2011):

(i) Article 1 (General Provisions), section 41-2051 (“Definitions”), subsections (6) (“Certification”), (10) (“Department”), (11) (“Diesel fuel”), (12) (“Director”), and (13) (“E85”), amended by Laws 2008, Ch. 254, §2;

(ii) Article 6 (Motor Fuel), section 41-2121 (“Definitions”), subsection (5) (“Gasoline”) amended by Laws 2007, Ch. 292, §11; and

(iii) Article 7 (Gasoline Vapor Control), section 41-2131 (“Definitions”), added by Laws 1992, Ch. 299, §6; section 41-2132 (“Stage I and stage II vapor recovery systems”), amended by Laws 2010, Ch. 181, §2; and section 41-2133 (“Compliance schedules”), amended by Laws 1999, Ch. 295, §17.

(2) Arizona Administrative Code, title 20, chapter 2, article 1 (Administration and Procedures), section R20-2-101 (“Definitions”), effective (for state purposes) on June 5, 2004.

(3) Arizona Administrative Code, title 20, chapter 2, article 9 (Gasoline Vapor Control):

(i) Sections R20-2-901 (“Material Incorporated by Reference”), R20-2-902 (“Exemptions”), R20-2-903 (“Equipment and Installation”), R20-2-904 (“Application Requirements and Process for Authority to Construct Plan Approval”), R20-2-905 (“Initial Inspection and Testing”), R20-2-910 (“Annual Inspection and Testing”), R20-2-911 (“Compliance Inspections”), and R20-2-912 (“Enforcement”), effective (for state purposes) on June 5, 2004.

(ii) Sections R20-2-907 (“Operation”), R20-2-908 (“Training and Public Education”), and R20-2-909 (“Recordkeeping and Reporting”), effective (for state purposes) on October 8, 1998.

(149) The following plan was submitted on June 13, 2007 by the Governor's designee.

(i) [Reserved]

(ii) Additional Materials. (A) Arizona Department of Environmental Quality. (1) Letter dated June 13, 2007 from Stephen A. Owens, Director, ADEQ, to Wayne Nastri, Regional Administrator, United States Environmental Protection Agency, Region IX.

(2) Eight-Hour Ozone Plan for the Maricopa Nonattainment Area, dated June 2007, including Appendices, Volumes One and Two.

(150) The following plan was submitted on August 24, 2012, by the Governor's designee.

(i) [Reserved]

(ii) Additional material.

(A) Arizona Department of Environmental Quality.

(1) “Final 2012 State Implementation Plan Nogales PM10 Nonattainment Area,” dated August 24, 2012, including Appendices A-K, adopted on August 24, 2012.

(151) The following plan revisions were submitted on August 15, 1994 by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality.

(1) Rule R18-2-220, Air pollution emergency episodes, Department of Environmental Quality-Air Pollution Control, amended effective September 26, 1990.

(2) A letter from Eric C. Massey, Director, Air Quality, Arizona Department of Environmental Quality, to Jared Blumenfeld, Regional Administrator, US EPA, dated August 30, 2012, certifying that the attached copy of a document titled “Procedures for Prevention of Emergency Episodes: 1988 Edition” is a true and correct copy of the original and is an official publication of the Arizona Department of Environmental Quality.

(3) “Procedures for Prevention of Emergency Episodes,” 1988 edition, Arizona Department of Environmental Quality.

(152) The following plan was submitted August 24, 2012, by the Governor's designee.

(i) Incorporated by reference.

(A) Arizona Department of Environmental Quality.

(1) Arizona Administrative Code, title 18, chapter 2, article 3 (Permits and Permit Revisions):

(i) Section R18-2-313 (“Existing Source Emission Monitoring”), effective on February 15, 2001.

(ii) Section R18-2-327, (“Annual Emissions Inventory Questionnaire”), effective on December 7, 1995.

(B) Maricopa County Air Quality Department.

(1) Rule 100, Section 500, “Monitoring and Records,” revised on March 15, 2006.

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) “Final Supplement to the Arizona State Implementation Plan under Clean Air Act Section 110(a)(1) and (2): Implementation of 2006 PM2.5 National Ambient Air Quality Standards, 1997 PM2.5 National Ambient Air Quality Standards, and 1997 8-Hour Ozone National Ambient Air Quality Standards,” August 2012, adopted by the Arizona Department of Environmental Quality on August 24, 2012, excluding the appendices.

(2) Arizona Revised Statutes (West's, 2011-2012 Compact Edition):

(i) Title 28 (transportation), chapter 7 (certification of title and registration), article 5 (registration requirements generally), section 28-2153 (“Registration requirement; exceptions; assessment; violation; classification”);

(ii) Title 35 (public finances), chapter 2 (handling of public funds), article 2 (state management of public monies), section 35-313 (“Investment of trust and treasury monies; loan of securities”);

(iii) Title 38 (public officers and employees), chapter 1 (general provisions), article 1 (definitions), section 38-101 (“Definitions”) and article 8 (conflict of interest of officers and employees), sections 38-501 (“Application of article”), 38-502 (“Definitions”), 38-503 (“Conflict of interest; exemptions; employment prohibition”), 38-504 (“Prohibited acts”), 38-505 (“Additional income prohibited for services”) 38-506 (“Remedies”), 38-507 (“Opinions of the attorney general, county attorneys, city or town attorneys and house and senate ethics committee”), 38-508 (“Authority of public officers and employees to act”), 38-509 (Filing of disclosures”), 38-510 (“Penalties”), and 38-511 (“Cancellation of political subdivision and state contracts; definition”);

(iv) Title 49 (the environment), chapter 1 (general provisions), article 1 (department of environmental quality), section 49-103 (“Department employees; legal counsel”), subsections (A)(2), (A)(4), (B)(3), and (B)(5) of section 49-104 (“Powers and duties of the department and director”), and sections 49-106 (“Statewide application of rules”) and 49-107 (“Local delegation of state authority”);

(v) Title 49 (the environment), chapter 3 (air quality), article 1 (general provisions), section 49-405 (“Attainment area designations”); article 2 (state air pollution control), sections 49-421 (“Definitions”), 49-422 (“Powers and duties”), 49-424 (“Duties of department”), 49-425 (“Rules; hearing”), 49-433 (“Special inspection warrant”), 49-435 (“Hearings on orders of abatement”), and 49-441 (“Suspension and revocation of conditional order”), subsections (A) and (B)(2) of section 49-455 (“Permit administration fund”), and sections 49-460 (“Violations; production of records”), 49-461 (“Violations; order of abatement”), 49-462 (“Violations; injunctive relief”), 49-463 (“Violations; civil penalties”), and 49-465 (“Air pollution emergency”); and article 3 (county air pollution control), sections 49-471 (“Definitions”), 49-473 (“Board of supervisors”), 49-474 (“County control boards”), 49-476.01 (“Monitoring”), 49-478 (“Hearing board”), 49-479 (“Rules; hearing”), 49-480.02 (“Appeals of permit actions”), 49-482 (“Appeals to hearing board”), 49-488 (“Special inspection warrant”), 49-490 (“Hearings on orders of abatement”), 49-495 (“Suspension and revocation of conditional order”), 49-502 (“Violation; classification”), 49-510 (“Violations; production of records”), 49-511 (“Violations; order of abatement”), 49-512 (“Violations; injunctive relief”), and 49-513 (“Violations; civil penalties”).

(153) The following plan was submitted on October 14, 2009, by the Governor's designee.

(i) [Reserved]

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) “Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2): Implementation of 2006 PM2.5 National Ambient Air Quality Standards, 1997 PM2.5 National Ambient Air Quality Standards, and 1997 8-Hour Ozone National Ambient Air Quality Standards,” September 2009, adopted by the Arizona Department of Environmental Quality on October 14, 2009, excluding the appendices.

(154) The following plan was submitted February 28, 2011, by the Governor's designee.

(i) [Reserved]

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) Arizona State Implementation Plan, Regional Haze Under Section 308 of the Federal Regional Haze Rule: Appendix D, Arizona BART—Supplemental Information:

(i) Table 1.1—NOX BART, entry for AEPCO [Apache], ST1 [Unit 1] only.

(ii) Table 1.2—PM10 BART, entries for AEPCO [Apache], APS Cholla Power Plant and SRP Coronado Generating Station.

(iii) Table 1.3—SO2 BART, entries for AEPCO, APS Cholla Power Plant and SRP Coronado Generating Station.

(2) Arizona State Implementation Plan, Regional Haze Under Section 308 of the Federal Regional Haze Rule (January 2011), excluding:

(i) Chapter 6: table 6.1; chapter 10: sections 10.4, 10.6 (regarding Unit I4 at the Irvington (Sundt) Generating Station), 10.7, and 10.8; chapter 11; chapter 12: sections 12.7.3 (“Emission Limitation and Schedules of Compliance”) and 12.7.6 (“Enforceability of Arizona's Measures”); and chapter 13: section 13.2.3 (“Arizona and Other State Emission Reductions Obligations”);

(ii) Appendix D: chapter I; chapter V (regarding Unit I4 at the Irvington (Sundt) Generating Station); chapter VI, sections C and D; chapter VII; chapter IX; chapter X, section E.1; chapter XI, section D; chapter XII, sections B and C; chapter XIII, sections B, C, and D; and chapter XIV, section D; and

(iii) Appendix E.

(155) The following plan was submitted on November 6, 2009 by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality.

(1) Affidavit by Efrem K. Sepulveda, Law Librarian, Arizona State Library, Archives and Public Records, certifying authenticity of reproduction of A.R.S. §49-542 (2008 edition) plus title page to pocket part of Title 49 (2008 edition), signed January 11, 2013.

(2) Arizona Revised Statutes (Thomson West, 2008 Cumulative Pocket Part): Title 49 (the environment), section 49-542 (“Emissions inspection program; powers and duties of director; administration; periodic inspection; minimum standards and rules; exceptions; definition”).

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) Final Arizona State Implementation Plan Revision, Exemption of Motorcycles from Vehicle Emissions Inspections and Maintenance Program Requirements in Area A (October 2009), adopted by the Arizona Department of Environmental Quality on November 6, 2009, excluding appendices A and C.

(156) The following plan was submitted on January 11, 2011 by the Governor's designee.

(i) [Reserved]

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) Final Addendum to the Arizona State Implementation Plan Revision, Exemption of Motorcycles from Vehicle Emissions Inspections and Maintenance Program Requirements in Area A, October 2009 (December 2010), adopted by the Arizona Department of Environmental Quality on January 11, 2011.

(157) The following plan was submitted on May 25, 2012 by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality.

(1) Affidavit by Barbara Howe, Law Reference Librarian, Arizona State Library, Archives and Public Records, certifying authenticity of reproduction of Arizona Revised Statutes §49-451 (sic) (corrected to §49-541) (2001 pocket part), signed May 3, 2012.

(2) Arizona Revised Statutes (West Group, 2001 Cumulative Pocket Part): title 49 (the environment), section 49-541 (“Definitions”), subsection 1 [Definition of Area A].

(3) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities and towns), chapter 4 (general powers), article 8 (miscellaneous), section 9-500.04 (“Air quality control; definitions”), excluding paragraphs A.1, A.2, A.4, and A.10; paragraphs B through G; and paragraph I.

(4) Arizona Revised Statutes (West, 2012): Title 11 (counties), chapter 6 (county planning and zoning), article 6 (air quality), section 11-877 (“Air quality control measures”).

(5) Arizona Revised Statutes (Thomson/West, 2005 main volume, 2012 Cumulative Pocket Part):

(i) Title 49 (the environment), chapter 3 (air quality), article 2 (state air pollution control), section 49-457.01 (“Leaf blower use restrictions and training; leaf blowers equipment sellers; informational material; outreach; applicability”); and

(ii) Title 49 (the environment), chapter 3 (air quality), article 3 (county air pollution control), sections 49-474.01 (“Additional board duties in vehicle emissions control areas; definitions”), excluding paragraphs A.1 through A.3, A.9, A.10, paragraphs C through G, and paragraph I; 49-474.05 (“Dust control; training; site coordinators”); and 49-474.06 (“Dust control; subcontractor registration; fee”).

(6) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities and towns), chapter 4 (general powers), article 8 (miscellaneous), section 9-500.27 (“Off-road vehicle ordinance; applicability; violation; classification”), excluding paragraphs D and E.

(7) Arizona Revised Statutes (West, 2012): Title 11 (counties), chapter 6 (county planning and zoning), article 6 (air quality), section 11-871 (“Emissions control; no burn; exemptions; penalty”), excluding paragraphs C through E.

(8) Arizona Revised Statutes (West, 2012): Title 28 (transportation), chapter 3 (traffic and vehicle regulation), article 18 (vehicle size, weight and load), section 28-1098 (“Vehicle loads; restrictions; civil penalties”), excluding paragraphs B and C.

(9) Arizona Revised Statutes (West, 2012 Cumulative Pocket Part):

(i) Title 49 (the environment), chapter 3 (air quality), article 2 (state air pollution control), sections 49-457.03 (“Off-road vehicles; pollution advisory days; applicability; penalties”), excluding paragraphs C and D; and 49-457.04 (“Off-highway vehicle and all-terrain vehicle dealers; informational material; outreach; applicability”); and

(ii) Title 49 (the environment), chapter 3 (air quality), article 3 (county air pollution control), section 49-501 (“Unlawful open burning; exceptions; civil penalty; definition”), excluding paragraph A.1, paragraphs B.2 through B.6, and paragraphs D, E, G, and H.

(10) Arizona Revised Statutes (West, 2012 Cumulative Pocket Part): Title 49 (the environment), chapter 3 (air quality), article 2 (state air pollution control), section 49-457.05 (“Dust action general permit; best management practices; applicability; definitions”), excluding paragraph C and paragraphs E, F, G, and H.

(11) Arizona Department of Environmental Quality, Air Quality Division, Dust Action General Permit, including attachments A, B, and C, issued December 30, 2011.

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) 2012 Five Percent Plan for PM-10 for the Maricopa County Nonattainment Area, and Appendices Volume One and Volume Two, adopted May 23, 2012.

(2) 2012 Five Percent Plan for PM-10 for the Pinal County Township 1 North, Range 8 East Nonattainment Area, adopted May 25, 2012.

(158) The following plan was submitted May 3, 2013, by the Governor's designee.

(i) [Reserved]

(ii) Additional materials.

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

(1) Arizona State Implementation Plan Revision, Regional Haze Under Section 308 of the Federal Regional Haze Rule (May 2013), excluding:

(i) Chapter 10, section 10.7 (regarding ASARCO Hayden Smelter (PM10 emissions) and Chemical Lime Company—Nelson Lime Plant);

(ii) Chapter 11, except subsection 11.3.1(3) (“Focus on SO2 and NOX pollutants”);

(iii) Appendix D: chapter I, except for the footnotes in tables 1.1, 1.2 and 1.3 to the entries for AEPCO [Apache], and the entry in table 1.2 for Freeport-McMoRan Miami Smelter; chapter VI, section C (regarding PM10 emissions from ASARCO Hayden smelter); chapter XII, section C, and chapter XIII, subsection D; and

(iv) Appendix E.

(159) The following plan was submitted on January 23, 2012 by the Governor's Designee.

(i) [Reserved]

(ii) Additional Materials.

(A) Arizona Department of Environmental Quality

(1) Final Update of the Limited Maintenance Plan for the Payson PM10 Maintenance Area (December 2011), adopted by the Arizona Department of Environmental Quality on January 23, 2012.

(160) The following plan was submitted on March 23, 2009, by the Governor's designee.

(i) [Reserved]

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) MAG Eight-Hour Ozone Redesignation Request and Maintenance Plan for the Maricopa Nonattainment Area (February 2009), adopted by the Arizona Department of Environmental Quality on March 23, 2009, excluding the appendices.

(161) The following plan revision was submitted on July 28, 2011, and supplemented on May 16, 2014, by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality.

(1) West's Arizona Revised Statutes, 2012-2013 Compact Edition; title 49 (“Environment”), chapter 3 (“Air Quality”), article 2 (“State Air Pollution Control”) section 49-426 (“Permits; duties of director; exceptions; applications; objections; fees”), excluding paragraphs (D), (E)(1), (F), (I), (J), and (M).

(2) Arizona Administrative Code, title 18 (“Environmental Quality”), chapter 2 (“Department of Environmental Quality—Air Pollution Control”), supp. 09-1, March 31, 2009: R18-2-608 (“Mineral Tailings”); R18-2-703 (“Standards of Performance for Fossil-fuel Fired Steam Generators and General Fuel-burning Equipment”); R18-2-704 (“Standards of Performance for Incinerators”); R18-2-715 (“Standards of Performance for Existing Primary Copper Smelters; Site-Specific Requirements”), excluding paragraphs (A) through (E); R18-2-720 (“Standards of Performance for Existing Lime Manufacturing Plants”); R18-2-724 (“Standards of Performance for Fossil-fuel Fired Industrial and Commercial Equipment”); R18-2-729 (“Standards of Performance for Cotton Gins”); and R18-2-730 (“Standards of Performance for Unclassified Sources”).

(3) Arizona Administrative Code, title 18 (“Environmental Quality”), chapter 2 (“Department of Environmental Quality—Air Pollution Control”), supp. 09-2, June 30, 2009: R18-2-732 (“Standards of Performance for Existing Hospital/Medical/Infectious Waste Incinerators”).

(4) Arizona Administrative Code, title 18 (“Environmental Quality”), chapter 2 (“Department of Environmental Quality—Air Pollution Control”), supp. 12-2, June 30, 2012: R18-2-204 (“Carbon Monoxide”); R18-2-719 (“Standards of Performance for Existing Stationary Rotating Machinery”); and Appendix 2 (“Test Methods and Protocols”).

(5) Arizona Testing Manual for Air Pollutant Emissions, Revision F, March 1992, excluding sections 2 through 7.

(6) Arizona Administrative Code, Title 18, “Environmental Quality”, chapter 2,”Department of Environmental Quality—Air Pollution Control”, R18-2-311, “Test Methods and Procedures,” and R18-2-312, “Performance Tests,” effective November 15, 1993.

(162) The following plan revision was submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014, by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality

(1) West's Arizona Revised Statutes, 2012-2013 Compact Edition; title 49 (“Environment”), chapter 3 (“Air Quality”), section 49-402 (“State and county control”).

(2) Arizona Administrative Code, title 18 (“Environmental Quality”), chapter 2 (“Department of Environmental Quality—Air Pollution Control”), supp. 12-2, June 30, 2012: R18-2-101 (“Definitions”), excluding definitions (2), (20), (32), (87), (109), and (122); R18-2-102 (“Incorporated Materials”); R18-2-201 (“Particulate matter: PM10 and PM2.5”); R18-2-202 (“Sulfur Oxides (Sulfur Dioxide)”); R18-2-203 (“Ozone: One-hour Standard and Eight-hour Averaged Standard”) R18-2-205 (“Nitrogen Oxides (Nitrogen Dioxide)”); R18-2-206 (“Lead”); R18-2-210 (“Attainment, Nonattainment, and Unclassifiable Area Designations”); R18-2-215 (“Ambient air quality monitoring methods and procedures”); R18-2-216 (“Interpretation of Ambient Air Quality Standards and Evaluation of Air Quality Data”); and R18-2-701 (“Definitions”).

(3) Arizona Administrative Code, Title 18, “Environmental Quality,” chapter 2 “Department of Environmental Quality—Air Pollution Control,” R18-2-101, “Definitions,” only definition nos. (2), (32), (87), (109), and (122), effective August 7, 2012; R18-2-217, “Designation and Classification of Attainment Areas,” effective November 15, 1993; R18-2-218, “Limitation of Pollutants in Classified Attainment Areas,” effective August 7, 2012; R18-2-301, “Definitions,” effective August 7, 2012; R18-2-302, “Applicability; Registration; Classes of Permits,” effective August 7, 2012; R18-2-302.01, “Source Registration Requirements,” effective August 7, 2012; R18-2-303, “Transition from Installation and Operating Permit Program to Unitary Permit Program; Registration Transition; Minor NSR Transition,” effective August 7, 2012; R18-2-304, “Permit Application Processing Procedures,” effective August 7, 2012; R18-2-306, “Permit Contents,” effective December 20, 1999; R18-2-306.01, “Permits Containing Voluntarily Accepted Emission Limitations and Standards,” effective January 1, 2007; R18-2-306.02, “Establishment of an Emissions Cap,” effective September 22, 1999; R18-2-315, “Posting of Permit,” effective November 15,1993; R18-2-316, “Notice by Building Permit Agencies,” effective May 14, 1979; R18-2-319, “Minor Permit Revisions,” August 7, 2012; R18-2-320, “Significant Permit Revisions,” effective August 7, 2012; R18-2-321, “Permit Reopenings; Revocation and Reissuance; Termination,” effective August 7, 2012; R18-2-323, “Permit Transfers,” effective February 3, 2007; R18-2-330, “Public Participation,” effective August 7, 2012; R18-2-332, “Stack Height Limitation,” effective November 15, 1993; R18-2-334, “Minor New Source Review” effective August 7, 2012; R18-2-401 “Definitions,” effective August 7, 2012; R18-2-402 “General,” effective August 7, 2012; R18-2-403 “Permits for Sources Located in Nonattainment Areas,” effective August 7, 2012; R18-2-404, “Offset Standards,” effective August 7, 2012; R18-2-405, “Special Rule for Major Sources of VOC or Nitrogen Oxides in Ozone Nonattainment Areas Classified as Serious or Severe,” effective August 7, 2012; R18-2-406, “Permit Requirements for Sources Located in Attainment and Unclassifiable Areas,” effective August 7, 2012; R18-2-407, “Air Quality Impact Analysis and Monitoring Requirements,” excluding subsection (H)(1)(c), effective August 7, 2012; R18-2-409, “Air Quality Models,” effective November 15, 1993; and R18-2-412, “PALs” effective August 7, 2012.

(4) Arizona Revised Statutes, title 49, “Environment,” chapter 1 “General Provisions”, section 49-107, “Local delegation of state authority,” effective July 1, 1987.

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) Setting Applicability Thresholds, pages 1547-1549 in Appendix A to “State Implementation Plan Revision: New Source Review” adopted on October 29, 2012.

(2) Memorandum, “Proposed Final Permits to be Treated as Appealable Agency Actions,” dated February 10, 2015, from Eric Massey, Air Quality Division Director to Balaji Vaidyanathan, Permit Section Manager, submitted on February 23, 2015.

(3) “State Implementation Plan Revision: New Source Review—Supplement,” relating to the division of jurisdiction for New Source Review in Arizona, adopted on July 2, 2014.

(163) The following plan was submitted on August 27, 2012 by the Governor's Designee.

(i) Incorporation by Reference.

(A) Maricopa County Air Quality Department.

(1) Rule 313, “Incinerators, Burn-Off Ovens and Crematories,” revised May 9, 2012.

(164) A plan revision was submitted on September 6, 2013 by the Governor's Designee.

(i) [Reserved]

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) “Arizona State Implementation Plan Revision for the Nogales PM2.5 Nonattainment Area”, dated September 2013, including appendices A and B.

(165) The following plan was submitted May 13, 2014, by the Governor's designee:

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality.

(1) Significant Revision No. 59195 to Air Quality Control Permit No. 55412, excluding section V.D., issued May 13, 2014.

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) Arizona State Implementation Plan, Revision to the Arizona Regional Haze Plan for Arizona Electric Power Cooperative, Incorporated, Apache Generating Station, excluding the appendices.

(166) The following plan was submitted on October 14, 2011, by the Governor's designee.

(i) [Reserved]

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2); Implementation of the 2008 Lead National Ambient Air Quality Standards, excluding the appendices.

(167) The following plan was submitted on December 27, 2012 by the Governor's designee.

(i) [Reserved]

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2); 2008 8-hour Ozone NAAQS, excluding the appendices.

(168) The following plan was submitted on December 6, 2013 by the Governor's designee.

(i) Incorporation by reference.

(A) Maricopa County Air Quality Department.

(1) Maricopa County Air Pollution Control Regulations, Rule 100 (“General Provisions and Definitions”), section 100 (“General”), subsection 108 (“Hearing Board”), revised September 25, 2013.

(169) The following plan was submitted on December 19, 2013 by the Governor's designee.

(i) [Reserved]

(ii) Additional materials.

(A) Pima County Department of Environmental Quality.

(1) Board of Supervisors of Pima County, Arizona, Ordinance No. 1993-128, Section 1, 17.040.190 “Composition” Section 6, 17.24.040 “Reporting for compliance evaluations” adopted September 28, 1993.

(2) Board of Supervisors of Pima County, Arizona, Ordinance 2005-43, Chapter 17.12, Permits and Permit Revisions, section 2,17.12.040 “Reporting Requirements” adopted April 19, 2005.

(170) The following plan was submitted on September 4, 2014 by the Governor's designee.

(i) Incorporation by reference.

(A) Pinal County Air Quality Control District.

(1) Pinal County Board of Supervisors, Resolution No. 072314-AQ1, 1-3-140, Definitions, 74, Hearing Board, including new text that is underlined and excluding removed text which was struck by the board, effective July 23, 2014.

(171) The following plan was submitted on September 2, 2014 by the Governor's designee.

(i) Incorporation by reference.

(A) Arizona Department of Environmental Quality.

(1) House Bill 2128, effective April 22, 2014, excluding sections 1 through 4, and 9 (including the text that appears in all capital letters and excluding the text that appears in strikethrough).

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) MAG 2014 State Implementation Plan Revision for the Removal of Stage II Vapor Recovery Controls in the Maricopa Eight-Hour Ozone Nonattainment Area (August 2014), adopted by the Regional Council of the Maricopa Association of Governments on August 27, 2014, excluding appendix A, exhibit 2 (“Arizona Revised Statutes Listed in Table 1-1”).

(172) 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 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.

(173) The following plan was submitted on April 2, 2013 by the Governor's designee.

(i) [Reserved]

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) MAG 2013 Carbon Monoxide Maintenance Plan for the Maricopa County Area, adopted by the Maricopa Association of Governments on March 27, 2013.

(174) The following plan was submitted on December 3, 2015 by the Governor's designee.

(i) [Reserved]

(ii) Additional materials.

(A) Arizona Department of Environmental Quality.

(1) SIP Revision: Clean Air Act Section 110(a)(2)(D), 2008 Ozone National Ambient Air Quality Standards (December 3, 2015).

[37 FR 10849, May 31, 1972. Redesignated and amended at 81 FR 85040, Nov. 23, 2016]

Editorial Note: For Federal Register citations affecting §52.152, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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