Page 1 of 8 ADEQ NSR Rule Submittal - Issues tracking Draft

Summary of Issue Details Next Steps Resolved?

R18-2-334 not on list 

of rules for submittal

Submittal otherwise discusses this rule as being developed for 

SIP approval. The submittal even states the purpose of the rule 

is to satisfy EPA requirements related to minor NSR. Appears to 

be a typographical error in the table listing rules for submittal.

ADEQ to get table revised, 

will need updated official 

copy of rule (currently 334 is 

struck out)

Definition of 

"proposed final 

permit"

Not clear from the definition that this is a final, challengeable 

action under PSD/NSR. See, e.g., 40 CFR 51.166(a)(7)(iii).

ADEQ will provide memo 

clarifying proposed final 

permit is a final 

determination for PSD/NSR 

purposes.

Minor NSR Program 40 CFR 51.161 requires that the NSR program required by 40 

CFR 51.160 provide opportunity for public comment. While this 

requirement is generally met, there are certain instances 

actions trigger the minor NSR program but are exempt from 

public notice. See, e.g., R18-2-334(G). The requirement in 40 

CFR 51.161(a) does not allow for exemptions from the public 

notice for the program approved under 40 CFR 51.160.

To be corrected through 

LA/LD

Minor NSR Program Submittal generally provides a sufficient basis for chosen 

permitting thresholds. However, analysis fails to address how 

these threshold holds are appropriate in nonattainment areas, 

which may have lower permitting thresholds for major sources - 

and air quality is already degraded. 

To be corrected through 

LA/LD

Innovative Control 

Technology

R18-2-408 not included in SIP submittal. Not a required 

element, but seems like ADEQ intended to include this in their 

program. Last revised in 1993. However, there are several 

instances where this rule is referred to in other rules being 

approved.

ADEQ will send later. 

Because of hanging 

references may do a LA/LD
Page 2 of 8 ADEQ NSR Rule Submittal - Issues tracking Draft

Visibility protection R18-2-410 not included in SIP submittal. Required for approval 

of PSD program. There are similar requirements already in the 

SIP, so we can't take out those existing requirements until this 

is submitted. 

Correct through LA/LD

References to state 

ambient air 

standards

Article 4 consistently refers to state ambient air standards in 

places where 40 CFR 51.166 refers to the NAAQS. However, 

submittal does not contain the new PM2.5 NAAQS (finalized 

after submittal). EPA interprets the PSD program as applying to 

a new NAAQS immediately upon the effectiveness of a new 

standard (we sometimes grandfather certain applications). See, 

e.g., 78 FR 3249, Jan 15, 2013.

Question: How does ADEQ 

intend to address these 

situations? Do you have 

authority to require 

compliance with a NAAQS 

not in a state ambient air 

standard?

References to 

increments

R18-2-218 does not use the term increment, but instead 

consistently uses the term maximum allowable increase. This is 

fine, but other places in ADEQ's rules use the term increment, 

which has not been defined or associated with the information 

in R18-2-218. While 51.166 does not have a specific definition 

and also calls them maximum allowable increases, the 

paragraph with the increments is called: Ambient air 

increments and other measures.

To be corrected through 

LA/LD

Malfunctions Generally missing requirements to includes emissions from 

malfunctions

Correct through LA/LD

Increments R18-2-218 - (1) does not ensure the a major source baseline 

date or baseline area set for TSP would remain in effect for 

purposes of PM10 (40 CFR 51.166(b)(14)(iv)), and (2) does not 

require EPA approval for an extension of the two year period 

for temporary sources to operate for the purposes of exclusion 

from increment consumption. 

Question: Does ADEQ think 

(1) is addressed? Correct 

through LA/LD

(2) to be corrected 

through LA/LD
Page 3 of 8 ADEQ NSR Rule Submittal - Issues tracking Draft

Normal farm 

operations

R18-2-302 - Applicability, Registration, Classes of Permits. 

Exempts normal farm operations from permitting, unless 

required to obtain a Class I permit. ADEQ’s submittal does not 

contain a description of the type and sizes of equipment that 

would be expected to be included in “normal farm operations” 

and otherwise exempted from ADEQ’s minor NSR program. 

Does not exempt equipment subject to parts 60, 61, or 63. 

Similar language in statute

Question: Can ADEQ discuss 

this exemption and how it 

applies to the NSR program? 

(or title V)

R18-2-302.01 R18-2-302.01 requires "uncontrolled potential" emissions to 

be calculated according to R18-2-327(C) - Annual Emissions 

Inventory Questionnaire. The paragraph describes how to 

calculate actual emissions and R18-2-323 is not in the SIP and 

was not submitted for SIP approval. 

Correct through LA/LD

References to "this 

Section" in R18-2-

401

There are two references in 401 to "this Section" where the 

requirement should apply more broadly - likely to this "Article". 

As such the use of the term may be too narrow to 

appropriately meet the requirements in 51.166. Examples: R18-

2-401(11)(e), (13), 

Questions: How does ADEQ 

interpret the use of these 

two definitions?

R18-2-304(E)(9) - 

permit application 

processing 

procedures

paragraph (E)(9) related to emissions of insignificant activities is 

potentially in conflict with (E)(2) and (3) to determine applicability of 

NSR requirements. Insignificant activities are based on individual unit 

emissions whereas NSR is the project as a whole? (E)(9) does not 

require emissions information for insignificant activities.

Question: How does ADEQ 

interpret (E)(9)? May require 

LA/LD

Basic design 

parameter

Consistent with the language in 40 CFR 51.166(y)(2) and 

51.165(h)(2). However, as of December 24, 2003, these provisions 

are stayed indefinitely by Court order. As such, they are not eligible 

for approval into the SIP. 

Partial disapproval - 

withdraw from submittal?
Page 4 of 8 ADEQ NSR Rule Submittal - Issues tracking Draft

Major source 

definition The existing SIP-approved version of this rule contains the missing 

provisions in 51.166(b)(1)(i)(c) and 51.165(a)(1)(iv)(A)(3). Cannot 

remove definition from SIP, until R18-2-401 is revised and approved. 

Question: This is missing 

correct? Correct through 

LA/LD

Significance levels Except for the annual pollutant concentrations, the Department shall 

deem the exceedence of significant levels has occurred when the 

ambient concentration of the above pollutant is exceeded more than 

once per year at any one location. If the concentration occurs at a 

specific location and at a time when Arizona ambient air quality 

standards for the pollutant are not violated, the significance level 

does not apply

Question: Not sure what this 

implies

Ethanol - 28 source 

category

Will not take action on this 

PM2.5 NNSR Issue Plans are due 12/31/2014 LA

Net emissions 

increase

Definition may be too broad since not in Article 4. 51.166 requires 

the permit to be a permit issued under "this section", which is 

51.166. See 51.166(b)(3)(iii)(b).

Question: Agree with this 

assumption?

Stationary source, 

emissions unit

See 40 CFR 51.166(b)(5). Refers to any air pollutant instead of 

regulated NSR pollutant. Generally, okay since this term is meant to 

apply to entire program. 

Question: Is ADEQ 

comfortable with this term 

in the context of Article 4?

Construction R18-2-101(32) - adds "actual" to change in emissions. While this 

provides clarifying information. This term is used for major 

modifications. Unclear of the repercussions since it is a defined term.

Question: Can you provide 

ADEQ's reasoning for this 

change?

Actual emissions See 40 CFR 51.166(b)(21). R18-2-101(2)(c) and (d). References to 

Class I and Class II permit. Not really clear on importance of 

distinction, and no definition for Class I or Class II permits. Need a 

reference to R18-2-302. Language for Class II permit may not be 

approvable.

Need a discussion on this.

Subject to regulation While not adopting GHG regulations, this is still a required definition 

for a PSD program (at least the first sentence). Can add this 

definition and this specifically exclude GHGs

Question: Confirm this 

works. Correct through 

LA/LD
Page 5 of 8 ADEQ NSR Rule Submittal - Issues tracking Draft

Regulated NSR 

pollutant

See 40 CFR 51.166(b)(49)(ii). R18-2-122(b) probably needs to 

reference 111, since not all NSPS standards are in your rules 

(comment applies in other places)

Question: Confirm this is 

works

Restrictions on area 

classifications

See 40 CFR 51.166(e)(4). R18-2-217©(1) - need clarification on use of 

designate versus redesignate

Question: Clarify

Redesignation See 40 CFR 51.166(g)(1). R18-2-217 missing parenthetical references 

and second sentence. Limits on redesignation not clear. Public 

hearing needs to be more clearly defined (cross reference?) Clarify 

public hearing requirement - not really a permitting action

Made need some discussion 

with ADEQ

Allowable emissions See 40 CFR 51.166(b)(16)(ii). R18-2-101(13)(b) - does not include the 

"future compliance date" language

Question: Confirm this is 

missing? Is there a reason?

Complete See 40 CFR 51.166(b)(22). R18-2-401 does not include second 

sentence of definition

Question: Confirm this is 

missing? Is there a reason?

Baseline actual 

emissions

See 40 CFR 51.166(b)(47). R18-2-401 first line only references A-C, 

should this be A-D

Question: Confirm?

Regulated NSR 

pollutant

See 40 CFR 51.166(b)(49)(i)(a). Missing last two sentences Question: Confirm this is 

missing? Is there a reason?

Exclusions from 

increment 

consumption

R18-2-218(F)(8) contains potentially outdated references to 

operating permit. Should be updates

Question: Confirm this 

works. Correct through 

LA/LD

Redesignation See 40 CFR 51.166(g)(3)(ii). R18-2-217(F)(2) and (3). Cannot 

delegated to "Governor's designee". Does not include legislative 

requirement.

Correct through LA/LD

Exemptions See 40 CFR 51.166(i)(1)(i) - should specify nonprofit educational 

institution in R18-2-406(D)

Correct through LA/LD

Exemptions See 40 CFR 51.166(i)(8-10). Appear to have not adopted ADEQ: Confirm did not 

adopt
Page 6 of 8 ADEQ NSR Rule Submittal - Issues tracking Draft

Control technology 

review

See 40 CFR 51.166(j)(2). R18-2-406(G). Should require "shall meet 

each applicable limitation" and not "shall not relieve". 51.166 

requires this to be reviewed for BACT determination

Correct through LA/LD

R18-2-406(A) reference to B-G is too broad, should be B-E Correct through LA/LD

Source impact 

analysis

R18-2-406(A)(5)(a) and (b). Two should be connected with an "and" 

and not an "or"

Correct through LA/LD

Air quality models R18-2-406(A)(6)(b) - needs a more specific public notice reference Correct through LA/LD

R18-2-407(E) Should refer to A-D? See 40 CFR 51.166(m)(1)(v). Question: Confirm this 

works. Correct through 

LA/LD

R18-2-407(G) Should also reference (A)? See 40 CFR 51.166(m)(3) Question: Confirm this 

works. Correct through 

LA/LD

Source information 40 CFR 51.166(n)(1). Also 40 CFR 51.166(n)(3)(ii) . Question: Confirm how this 

requirement met.

Final permit package Generally need to make sure final determination documents 

available for inspection as the same locations as they were made 

available during public comment

Correct through LA/LD

Source obligation 40 CFR 51.166(r)(6). R18-2-402(F) check references to other 

requirements. May contain incorrect references 

Correct through LA/LD

Source obligation 40 CFR 51.166(r)(7) - could not find Question: Confirm this is 

correct. Correct through 

LA/LD

PALs See 40 CFR 51.166(w)(2)(iii), (2)(xi), and (6)(i) missing references to 

"or in the Act..."

Correct through LA/LD

Major emissions unit Definition missing from PAL provisions Correct through LA/LD

Renewal of a PAL See 40 CFR 51.166(10). R18-2-412(I) - should refer to 412(F) instead 

of (D). Also, reference to 412(E) should be (F)

Correct through LA/LD

Renewal of a PAL See 40 CFR 51.166(10)(v). R18-2-412(I) missing some portions Correct through LA/LD
Page 7 of 8 ADEQ NSR Rule Submittal - Issues tracking Draft

R18-2-304(l)(1) - 

permit application 

processing 

procedures

Paragraph contains a reference to ARS 49-427. Not in the SIP and not 

submitted for SIP approval. 

Correct through LA/LD

R18-2-306.01(c ) Contains a reference to ARS 49-426(D). This statute is not in the SIP, 

or submitted for SIP approval. However, the language is very similar 

to R18-2-330, which is being reviewed for SIP approval.

Require SIP submittal of 

statute, or revision to 

reference 330. Correct 

through LA/LD

R18-2-330(E) - public 

participation

Contains a reference to ARS 49-444. Not in SIP and not in SIP 

submittal. 

Correct through LA/LD

R18-2-332(E) Contains a reference to R18-1-401- not in SIP, not submitted for 

approval

Correct through LA/LD

Major modification R18-2-101(74)(c)(v) - may have used the wrong date. Different dates 

in 51.166 and 51.165. Earlier between the two is the more 

appropriate date

Correct through LA/LD

PSD Notice to EPA R18-2-410 does not include adequate notice to EPA as require in 40 

CFR 51.166(p)(1)

Correct through LA/LD

PAL provisions No definition for major emissions unit; did not properly include 

51.165(f)(9)(iv) and 51.166(w)(9)(iv)

Correct through LA/LD

Net emissions 

increase

See 51.166(b)(3)(iv). R18020101(87)(d) only references baseline date 

and not "minor source baseline date". Makes provision ambiguous. 

Also, should be updated to include PM2.5, not just PM10

Correct through LA/LD

Net emissions 

increase

See 51.166(b)(3)(iiv). Needs to be revised to refer to defined term - 

replacement unit

Correct through LA/LD

Net emissions 

increase

See 51.166(b)(3)(viii) - not in definition Question: Confirm this is 

missing? Is there a reason?

Secondary emissions See 40 CFR 51.166(b)(18). R18-2-101(127) - missing the word 

"except". Important to sentence

Correct through LA/LD

Regulated NSR 

pollutant

See 40 CFR 51.166(b)(49)(iv). Provision is missing. If add definition of 

subject to regulation, excluding GHGs, should be okay to add this 

provision

Question: Confirm this 

works. Correct through 

LA/LD
Page 8 of 8 ADEQ NSR Rule Submittal - Issues tracking Draft

LAER R18-2-401(D). Probably needs to reference 111 and 112, since 

Articles 9 and 11 do not have all NSPS and NESHAP standards

Question: Confirm this 

works. Correct through 

LA/LD

Ambient air ceilings R18-2-406(A)(5) - should include reference to R18-2-218(E) Question: Confirm this 

works. Correct through 

LA/LD

References to dates 

(so as to not 

prospectively include 

something)

Should probably update to more current dates. See, e.g., R18-2-

217(B).

Question: Confirm this 

works. Correct through 

LA/LD

Restrictions on area 

classifications

See 40 CFR 51.166(e)(2) and (3) - missing Question: Confirm this is 

missing? Is there a reason?

Reasonable 

possibility 

Does not include the requirements of 40 CFR 51.165(a)(7) and 40 

CFR 51.166(r)(7). R18-2-402(D)(6) may contain a typo.

Correct through LA/LD

R18-2-320 - 

Significant Permit 

Revisions

Probably contains a typo 320(D). The rule references 330(C)(1) 

instead of (C)(2).The rule should be referencing the requirement to 

notify people on ADEQ's "list".

Question: ADEQ confirm 

typo, interprets as applying 

to 330(C)(2)? 

R18-2-330 - public 

notice

Does not meet 40 CFR 51.166(q)(2)(iii) - increment or opportunity to 

request public hearing

Correct through LA/LD

Baseline actual 

emissions

Consistent with definition in 51.166 and 51.165, except that the 

average rate, as described in 40 CFR 51.166(b)(47)(ii)(c) and 40 CFR 

51.165(a)(1)(xxxv), must also be adjusted downward if ADEQ has 

relied on the emission reductions in issuing any permit under 

regulations approved pursuant to 40 CFR 51 subpart I. 

Correct through LA/LD

Major source 

baseline date

See 40 CFR 51.166(b)(14)(iv). Could not find this provision Question: Confirm this is 

missing? Is there a reason?

Baseline area See 40 CFR 51.166(b)(15)(iii). Could not find this provision Question: Confirm this is 

missing? Is there a reason?