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/LDPage 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/LDPage 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 regulationWhile 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/LDPage 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 emissionsSee 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 adoptPage 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 information40 CFR 51.166(n)(1). Also 40 CFR 51.166(n)(3)(ii) . Question: Confirm how this requirement met. Final permit packageGenerally 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 unitDefinition 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/LDPage 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 emissionsSee 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/LDPage 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 ceilingsR18-2-406(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?