July 31, 2015 | Published by the Arizona Secretary of State | Vol. 21, Issue 31 1273

County Notices According to A.R.S. § 49-112

NOTICE OF EXPEDITED RULEMAKING

MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

[M15-173]

PREAMBLE

AQ-2015-001-INCORPORATION BY REFERENCE 2014-2015

1. Rules affected Rulemaking action

Rule 321: Municipal Solid Waste Landfills Amend

Rule 360: New Source Performance Standards Amend

Rule 370: Federal Hazardous Air Pollutant Program Amend

Rule 371: Acid Rain Amend

Appendix G: Incorporated Materials Amend

2. Statutory authority for the rulemaking:

Authorizing Statutes: A.R.S. §§ 49-474, 49-479, and 49-480

Implementing Statutes: A.R.S. §§ 41-1055, 49-112 and 49-471.08

3. Name and address of department personnel with whom persons may communicate regarding the rulemaking:

Name: Cheri Dale

Planning and Analysis Division

Maricopa County Air Quality Department

Address: 1001 N. Central Ave., Suite 125

Phoenix, AZ 85004

Telephone: (602) 506-6010

Fax: (602) 506-6179

E-mail: aqplanning@mail.maricopa.gov

4. Demonstration of compliance with A.R.S. §49-471.08 expedited rulemaking:

The department is proposing to declare this as an expedited rule making action as described in A.R.S. § 49-471.08(A).

A.R.S. § 49-471.08(A)(1):

Demonstration that the rule or ordinance making is substantially identical to the sense, meaning and effect of the federal or state rule 

or law from which it is derived.

Rule 321 is substantially identical to 40 CFR 60, Subpart WWW.

Rule 360 is substantially identical to 40 CFR 60 revisions:

- Subpart A. [80 FR 13672, March 16, 2015].

- Subpart Da. [79 FR 68777, November 19, 2014; and at 80 FR 24218, April 30, 2015].

- Subpart IIII. [79FR 48072, August 15, 2014].

- Subpart AAA. [80 FR 13672, March 16, 2015].

- Subpart OOOO. [79 FR 79018, December 31, 2014].

- Subpart QQQQ. [80 FR 13672, March 16, 2015]. 

Rule 370 is substantially identical to 40 CFR 63 revisions:

COUNTY NOTICES ACCORDING TO A.R.S. § 49-112 

This section of the Arizona Administrative Register

contains County Notices (according to A.R.S. § 49-112). 

Each county writes rules and regulations in its own

unique style. Although these notices are published in the

Register, they do not conform to the standards specified in

the Arizona Rulemaking Manual. With the exception of minor 

formatting changes, County Notices (including subsection 

labeling, spelling, grammar, and punctuation) are 

reproduced as submitted. 
County Notices According to A.R.S. § 49-112

1274 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

- Subpart N. [80 FR 22116, April 21, 2015].

- Subpart DD. [80 FR 14248, March 18, 2015].

- Subpart YY. [79 FR 60898, October 8, 2014].

- Subpart III. [79 FR 48073, August 15, 2014].

- Subpart OOO. [79 FR 60898, October 8, 2014].

- Subpart XXX. [80 FR 37366, June 30, 2015].

- Subpart YYYY. [80 FR 364247, June 24, 2015].

- Subpart ZZZZ. [79FR 48072, August 15, 2014].

- Subpart DDDDDD. [80 FR 5938, February 4, 2015].

- Subpart UUUUU. [79 FR 68777, November 19, 2014; 79 FR 68795, November 19, 2014; at 80 FR 15510, March 25, 2015; and 

at 80 FR 24218, April 30, 2015].

Rule 371 is substantially identical to 40 CFR Parts 72, 74, 75 and 76 and all accompanying appendices.

Appendix G is substantially identical to:

- 40 CFR 50. [80 FR 12264, March 6, 2015].

- 40 CFR 50, Appendix J. [79 FR 49307, August 20, 2014].

- 40 CFR 50, Appendix L. [80 FR 32114, June 5, 2015].

- 40 CFR 51, Appendix S, Section IV. [80 FR 12264, March 6, 2015].

- 40 CFR 60, Appendix A-8. [80 FR 13672, March 16, 2015].

- 40 CFR 60, Appendix I. [80 FR 13672, March 16, 2015].

- AP-42. [80 FR 26925, May 11, 2015].

In addition, the department is proposing the following:

- To add 40 CFR 60, Subpart QQQQ—Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces 

[Added at 80 FR 13672, March 16, 2015] to Rule 360.

- To add 40 CFR 63, Subpart LL—National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction 

Plants to Rule 370. This subpart was originally promulgated on October 7, 1997 (62 FR 52407) but was not incorporated by reference into Rule 370 at that time.

- To add the following to Appendix G to address provisions in the New Source Review (NSR) Program:

1) 40 CFR 51.100;

2) 40 CFR 51.165(a)(1);

3) 40 CFR 51.165(a)(2)(ii)(A) through (F);

4) 40 CFR 51.165(a)(3)(i)(A) through (B);

5) 40 CFR 51.165(a)(3)(ii)(A) through (D);

6) 40 CFR 51.165(a)(3)(ii)(G);

7) 40 CFR 51.165(a)(6)(i) through (vi);

8) 40 CFR 51.165(a)(11)(b)(2);

9) 40 CFR 51.165(f)(1) through (15);

10) 40 CFR 51.166(o);

11) 40 CFR 51.166(p);

12) 40 CFR 51.301;

13) 40 CFR 51.307; and

14) Attainment and Nonattainment Area Designations: 40 CFR 81.303 as amended as of July 1, 2010.

- To clarify the specific sections of the “Arizona Testing Manual for Air Pollutant Emissions,” that are incorporated into Appendix G.

- To insert section numbers for standards not yet designated by the EPA into Rule 360 and Rule 370. The proposed inclusion of a 

placeholder number will reduce the need to continually renumber Rule 360 and 370 to accommodate the addition of future federal standards. 
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County Notices According to A.R.S. § 49-112

- To correct typographical or other clerical errors; make minor grammatical changes to improve readability or clarity; modify the 

format, numbering, order, capitalization, punctuation, or syntax of certain text to increase standardization within and among 

rules; and make various other minor changes of a purely editorial nature. As these proposed changes do not alter the sense, 

meaning, or effect of the rule, they are not described in detail here, but can be readily discerned in the “strikeout and underline” 

version of the rule contained in Item #6 of this notice. 

A.R.S. § 49-471.08(A)(2):

Written finding by the Control Officer setting forth the reasons why the rule or ordinance making is necessary and does not alter the 

sense, meaning or effect of the federal or state rule or law from which it is derived.

This rulemaking is required to update the applicability dates in these rules. It incorporates subparts that have been passed by the federal government which are required to be implemented by the department. Rules 321, 360, 370, 371, and Appendix G do not alter the 

sense, meaning or effect of the state rules and federal regulations from which they are derived, as they incorporate language that is 

essentially the same as the state's applicable rules and the federal code of regulations.

A.R.S. § 49-471.08(A)(3):

Demonstration that fees established in the rule or ordinance do not exceed limits specified in § 49-112.

Rules 321, 360, 370, 371, and Appendix G do not establish fees. Any costs associated with these rules will come from permit application fees for sources obtaining a permit revision to reflect new emission limits, due to applicability of a new standard. Therefore, fees 

associated with these rules will be exactly the same as fees associated with similar permits and would not exceed any limits specified 

in § 49-112.

5. Public comments regarding the proposed rulemaking:

This is a proposed expedited rule making. Written comments will be accepted if received between the date of this publication and 

August 31, 2015, by 5:00 PM. Written comments may be mailed, e-mailed or hand delivered to the department. Written comments 

received during the comment period will be considered formal comments to the expedited rulemaking and will be responded to in the 

Notice of Final Rulemaking.

6. The full text of the rules follows:

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 321

MUNICIPAL SOLID WASTE LANDFILLS

INDEX

SECTION 100 – GENERAL

101 PURPOSE

102 APPLICABILITY

103 AVAILABILITY OF INFORMATION

SECTION 200 – DEFINITIONS

201 ADMINISTRATOR

202 AFFECTED FACILITY

203 COMMENCED

204 CONSTRUCTION

205 MODIFICATION

206 MUNICIPAL SOLID WASTE LANDFILL (MSW LANDFILL)

207 NMOC

208 OWNER OR OPERATOR

SECTION 300 – STANDARDS

301 STANDARDS OF PERFORMANCE FOR MSW LANDFILLS

302 DELAYED APPLICABILITY

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
County Notices According to A.R.S. § 49-112

1276 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)

Adopted 05/14/97; Revised 03/01/00; Revised 03/07/01; Revised 11/19/03; Revised 03/15/06; Revised 12/17/08; Revised 09/16/09; 

Revised 07/07/10; Revised 08/17/11; Revised 07/25/12; Revised 03/26/2014; and Revised 11/05/2014.

Adopted 05/14/1997; Revised 03/01/2000; Revised 03/07/2001; Revised 11/19/2003; Revised 03/15/2006; Revised 12/17/2008; Revised

09/16/2009; Revised 07/07/2010; Revised 08/17/2011; Revised 07/25/2012; Revised 03/26/2014; Revised 11/05/2014; and Revised MM/

DD/YYYY.

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 321

MUNICIPAL SOLID WASTE LANDFILLS

SECTION 100 – GENERAL

101 PURPOSE: To limit the emission of non-methane organic compounds from municipal solid waste landfills.

102 APPLICABILITY: The provisions of this rule shall apply to each municipal solid waste landfill for which construction, reconstruction, or modification commenced prior to May 30, 1991, and which has accepted waste at any time since November 8, 

1987, or has additional design capacity available for future waste deposition.

103 AVAILABILITY OF INFORMATION: Copies of 40 CFR 60, Subpart WWW are available electronically at: ecfr.gpoaccess.gov http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR; at the Maricopa County Air Quality 

Department, 1001 N. Central Ave., Suite 125, Phoenix, AZ, 85004; or by calling (602) 506-6010 for information. ASTM standards are available from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, or from 

its website at www.astm.org.

SECTION 200 – DEFINITIONS: See Rule 100 of these rules for definitions of terms that are used but not specifically defined in this 

rule. For the purpose of this rule, the following definitions shall apply, in addition to those definitions found in Rule 100 (General 

Provisions and Definitions) of these rules. In the event of any inconsistency between any of the Maricopa County air pollution control 

rules, the definitions in this rule take precedence.

201 ADMINISTRATOR – The Control Officer, except that the Control Officer shall not be empowered to approve alternative or 

equivalent test methods.

202 AFFECTED FACILITY – Any municipal solid waste landfill to which this rule is applicable.

203 COMMENCED – State or condition where an owner or operator has undertaken a continuous program of construction; or 

where an owner or operator has entered into a contractual obligation to undertake and complete such a program.

204 CONSTRUCTION – The fabrication, erection, or installation of an affected facility.

205 MODIFICATION – Any physical change in, or change in the method of operation of, an affected facility which would result in 

a change in actual emissions.

206 MUNICIPAL SOLID WASTE LANDFILL (MSW LANDFILL) – An entire, publicly or privately owned, disposal facility in 

a contiguous geographical space where household waste is placed in or on land. Portions of a MSW landfill may be separated by 

access roads.

207 NMOC –Non-methane organic compound.

208 OWNER OR OPERATOR – Any person who owns, leases, operates, controls, or supervises an affected facility.

SECTION 300 – STANDARDS

301 STANDARDS OF PERFORMANCE FOR MSW LANDFILLS The federal standards of performance for municipal solid 
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waste landfills set forth in 40 CFR 60, Subpart WWW adopted as of July 1, 2014July 1, 2015, and all accompanying appendices, 

excluding 40 CFR 60.750, are adopted and incorporated by reference with the amendments and revisions set forth in this section.

This adoption by reference includes no future editions or revisions. Each owner or operator of an affected facility shall comply 

with the requirements of 40 CFR 60, Subpart WWW as adopted and, where applicable, revised herein.

301.1 Collection and Control System Design Plan: 40 CFR 60.752(b)(2)(i) is amended to read: “Submit a collection and 

control design plan prepared by a professional engineer to the Administrator for approval not later than 12 months 

after submittal of the initial NMOC emission rate report.”

301.2 Design Capacity Report: 40 CFR 60.757(a) is amended to read “Each owner or operator of an affected facility shall 

submit an initial design capacity report to the Administrator within 90 days from May 14, 1997.” 40 CFR 60.757(a)(1) 

is deleted.

301.3 NMOC Emission Rate Report: 40 CFR 60.757(b) is amended to read “Each owner or operator of an affected facility 

shall submit an NMOC emission rate report to the Administrator initially and annually thereafter, except as provided 

for in paragraphs (b)(1)(ii) or (b)(3) of this section. The Administrator may request such additional information as may 

be necessary to verify the reported NMOC emission rate.” 40 CFR 60.757(b)(1)(i) is amended to read: “The initial 

NMOC emission rate report shall be submitted within 90 days from May 14, 1997 and may be combined with the 

initial design capacity report required in paragraph (a) of this section. Subsequent NMOC emission rate reports shall 

be submitted annually thereafter, except as provided for in paragraphs (b)(1)(ii) and (b)(3) of this section.”

302 DELAYED APPLICABILITY: For an affected facility that first becomes subject to the collection and control system 

requirement of 40 CFR 60.752 after May 14, 1997, the design plan shall be due not later than 12 months after submittal or 

scheduled submittal of an NMOC emission rate report of 50 megagrams (55.12 tons) per year or more.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 360

NEW SOURCE PERFORMANCE STANDARDS

INDEX

SECTION 100 – GENERAL

101 PURPOSE

102 APPLICABILITY

103 AVAILABILITY OF INFORMATION

104 FEDERAL DELEGATION AUTHORITY

SECTION 200 – DEFINITIONS

201 ADMINISTRATOR

202 AFFECTED FACILITY

203 COMMENCED

204 CONSTRUCTION

205 MODIFICATION

206 OWNER OR OPERATOR

207 STANDARD

208 STATIONARY SOURCE

SECTION 300 – STANDARDS

301 ADOPTED FEDERAL STANDARDS

302 ADDITIONAL REQUIREMENTS

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
County Notices According to A.R.S. § 49-112

1278 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)

Revised 07/13/88; Revised 04/06/92; Revised 11/20/96; Revised 05/14/97; Revised 08/19/98; Revised 04/07/99; Revised 03/01/00; 

Revised 03/07/01; Revised 11/19/03; Revised 03/15/06; Revised 12/17/08; Revised 09/16/09; Revised 07/07/10; Revised 08/17/11; 

Revised 07/25/12; Revised March 26, 2014; and Revised 11/05/2014.

Revised 07/13/1988; Revised 04/06/1992; Revised 11/20/1996; Revised 05/14/1997; Revised 08/19/1998; Revised 04/07/1999; Revised

03/01/2000; Revised 03/07/2001; Revised 11/19/2003; Revised 03/15/2006; Revised 12/17/2008; Revised 09/16/2009; Revised 07/07/

2010; Revised 08/17/2011; Revised 07/25/2012; Revised 03/26/2014; Revised 11/05/2014; and Revised MM/DD/YYYY.

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 360

NEW SOURCE PERFORMANCE STANDARDS

SECTION 100 – GENERAL

101 PURPOSE: To establish acceptable design and performance criteria for specified new or modified emission sources.

102 APPLICABILITY: The provisions of this rule apply to the owner or operator of any stationary source which contains an 

affected facility on which the construction, reconstruction, or a modification is commenced after the date of publication of any 

standard applicable to such facility in 40 CFR 60 and for which federal delegation of the implementation and enforcement of the

standards to the Maricopa County Air Quality Department (department) has been accomplished. Any such stationary source 

must also comply with other Maricopa County Air Pollution Control Regulations.

103 AVAILABILITY OF INFORMATION: Copies of all 40 CFR, Part 60 revisions currently enforced by the department are 

available electronically at: ecfr.gpoaccess.gov http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR; at 

the Maricopa County Air Quality Department, 1001 N. Central Ave., Suite 125, Phoenix, AZ, 85004; or by calling (602) 506-

6010 for information. ASTM standards are available from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428, or from its website at www.astm.org.

104 FEDERAL DELEGATION AUTHORITY: The department shall enforce the federal new source performance standards 

(NSPS) (40 CFR Part 60) listed in Section 300 of this rule which have been delegated to the County by the United States Environmental Protection Agency (EPA) for such enforcement. The department may, in addition, enforce such other NSPS as delegated for such enforcement by the EPA to the County.

SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall apply, in addition to those definitions found 

in Rule 100 (General Provisions and Definitions) of these rules. In the event of any inconsistency between any of the Maricopa County air 

pollution control rules, the definitions in this rule take precedence.

201 ADMINISTRATOR – As used in Part 60, Title 40, Code of Federal Regulations, shall mean the Control Officer, except that 

the Control Officer shall not be empowered to approve alternate or equivalent test methods or alternative standards/work 

practices, or other nondelegable authorities such as those listed in 40 CFR 60.4(d), except as specifically provided in each 

subpart.

202 AFFECTED FACILITY – With reference to a stationary source, any apparatus to which a standard is applicable.

203 COMMENCED – With respect to the definition of "new source" in Section 111(a)(2) of the Act, that an owner or operator has 

undertaken a continuous program of construction, reconstruction, or modification or that an owner or operator has entered into a 

contracted obligation to undertake and complete, within a reasonable time, a continuous program of construction, reconstruction

or modification.

204 CONSTRUCTION – The fabrication, erection, or installation of an affected facility.

205 MODIFICATION – Any physical change in, or change in the method of operation of, an existing facility which increases the 

amount of any contaminant (to which a standard applies) emitted into the atmosphere by that facility or which results in the 
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emission of any air contaminant (to which a standard applies) into the atmosphere not previously emitted.

206 OWNER OR OPERATOR – Any person who owns, leases, operates, controls, or supervises an affected facility or a stationary 

source of which an affected facility is a part.

207 STANDARD – A standard of performance promulgated under this rule.

208 STATIONARY SOURCE – Any building, structure, facility, or installation which emits or may emit any air pollutant.

SECTION 300 – STANDARDS

301 ADOPTED FEDERAL STANDARDS: The federal standards of performance for those subparts of 40 CFR 60 adopted as of 

July 1, 2014July 1, 2015, as listed below, and all accompanying appendices are adopted and incorporated by reference, in the 

Maricopa County Air Pollution Control Regulations as indicated. This incorporation by reference includes no future editions or

amendments. Each owner or operator subject to the requirements of the following subparts shall comply with the requirements 

of those subparts and the additional requirements set forth herein. Incorporation by reference does not include nondelegable 

functions of the EPA Administrator.

301.1 Subpart A—General Provisions; exclude any sections dealing with equivalency determinations or innovative 

technology waivers, as covered in Sections 111(h)(3) and 111(j) respectively of the Clean Air Act.

301.2 Subpart D—Standards of Performance for Fossil-Fuel-Fired Steam Generators for which Construction is 

Commenced after August 17, 1971.

301.3 Subpart Da—Standards of Performance for Electric Utility Steam Generating Units for which Construction is 

Commenced after September 18, 1978.

301.4 Subpart Db—Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units.

301.5 Subpart Dc—Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units.

301.6 Subpart E—Standards of Performance for Incinerators.

301.7 Subpart Ea—Standards of Performance for Municipal Waste Combustors for which Construction is Commenced 

after December 20, 1989 and on or before September 20, 1994.

301.8 Subpart Eb—Standards of Performance for Large Municipal Waste Combustors for which Construction is 

Commenced after September 20, 1994 or for which Modification or Reconstruction is Commenced after June 19, 

1996.

301.9 Subpart Ec—Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for which Construction is 

Commenced after June 20, 1996.

301.10 Subpart F—Standards of Performance for Portland Cement Plants.

301.11 Subpart G—Standards of Performance for Nitric Acid Plants.

301.12 Subpart Ga—Standards of Performance for Nitric Acid Plants for Which Construction, Reconstruction, or 

Modification Commenced After October 14, 2011.

301.13 Subpart H—Standards of Performance for Sulfuric Acid Plants.

301.14 Subpart I—Standards of Performance for Hot Mix Asphalt Facilities.

301.15 Subpart J—Standards of Performance for Petroleum Refineries.

301.16 Subpart Ja—Standards of Performance for Petroleum Refineries for which Construction, Reconstruction, or 

Modification Commenced after May 14, 2007.

301.17 Subpart K—Standards of Performance for Storage Vessels for Petroleum Liquids for which Construction, 

Reconstruction, or Modification Commenced after June 11, 1973, and prior to May 19, 1978.
County Notices According to A.R.S. § 49-112

1280 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

301.18 Subpart Ka—Standards of Performance for Storage Vessels for Petroleum Liquids for which Construction, 

Reconstruction, or Modification Commenced after May 18, 1978, and prior to July 23, 1984.

301.19 Subpart Kb—Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid 

Storage Vessels) for which Construction, Reconstruction, or Modification Commenced after July 23, 1984.

301.20 Subpart L—Standards of Performance for Secondary Lead Smelters.

301.21 Subpart M—Standards of Performance for Secondary Brass and Bronze Production Plants.

301.22 Subpart N—Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for which 

Construction Commenced after June 11, 1973.

301.23 Subpart Na—Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities 

for which Construction Commenced after January 20, 1983.

301.24 Subpart O—Standards of Performance for Sewage Treatment Plants.

301.25 Subpart P—Standards of Performance for Primary Copper Smelters.

301.26 Subpart Q—Standards of Performance for Primary Zinc Smelters.

301.27 Subpart R—Standards of Performance for Primary Lead Smelters.

301.28 Subpart S—Standards of Performance for Primary Aluminum Reduction Plants.

301.29 Subpart T—Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants.

301.30 Subpart U—Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid Plants.

301.31 Subpart V—Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate Plants.

301.32 Subpart W—Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate Plants.

301.33 Subpart X—Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage 

Facilities.

301.34 Subpart Y—Standards of Performance for Coal Preparation and Processing Plants. 

301.35 Subpart Z—Standards of Performance for Ferroalloy Production Facilities.

301.36 Subpart AA—Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed after October 21, 1974, 

and on or before August 17, 1983.

301.37 Subpart AAa—Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization 

Vessels Constructed after August 17, 1983.

301.38 Subpart BB—Standards of Performance for Kraft Pulp Mills.

301.39 Subpart BBa— Standards of Performance for Kraft Pulp Mill Affected Sources for Which Construction, Reconstruction, or Modification Commenced After May 23, 2013.

301.40 Subpart CC—Standards of Performance for Glass Manufacturing Plants.

301.41 Subpart DD—Standards of Performance for Grain Elevators.

301.42 Subpart EE—Standards of Performance for Surface Coating of Metal Furniture.

301.43 Subpart FF—(Reserved)

301.43 301.44Subpart GG—Standards of Performance for Stationary Gas Turbines.
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301.44 301.45Subpart HH—Standards of Performance for Lime Manufacturing Plants.

301.46 Subpart II—(Reserved)

301.47 Subpart JJ—(Reserved)

301.45 301.48Subpart KK—Standards of Performance for Lead-Acid Battery Manufacturing Plants.

301.46 301.49Subpart LL—Standards of Performance for Metallic Mineral Processing Plants.

301.47 301.50Subpart MM—Standards of Performance for Automobile and Light Duty Truck Surface Coating Operations.

301.48 301.51Subpart NN—Standards of Performance for Phosphate Rock Plants.

301.52 Subpart OO—(Reserved)

301.49 301.53Subpart PP—Standards of Performance for Ammonium Sulfate Manufacture.

301.50 301.54Subpart QQ—Standards of Performance for the Graphic Arts Industry: Publication Rotogravure Printing.

301.51 301.55Subpart RR—Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations.

301.52 301.56Subpart SS—Standards of Performance for Industrial Surface Coating: Large Appliances.

301.53 301.57Subpart TT—Standards of Performance for Metal Coil Surface Coating.

301.54 301.58Subpart UU—Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture.

301.55 301.59Subpart VV—Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals 

Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced after January 5, 1981, 

and on or before November 7, 2006.

301.56 301.60Subpart VVa—Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals 

Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced after November 7, 

2006.

301.57 301.61Subpart WW—Standards of Performance for the Beverage Can Surface Coating Industry.

301.58 301.62Subpart XX—Standards of Performance for Bulk Gasoline Terminals.

301.63 Subpart YY—(Reserved)

301.64 Subpart ZZ—(Reserved)

301.59 301.65Subpart AAA—Standards of Performance for New Residential Wood Heaters.

301.60 301.66Subpart BBB—Standards of Performance for the Rubber Tire Manufacturing Industry.

301.67 Subpart CCC—(Reserved)

301.61 301.68Subpart DDD—Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer 

Manufacturing Industry.

301.69 Subpart EEE—(Reserved)

301.62 301.70Subpart FFF—Standards of Performance for Flexible Vinyl and Urethane Coating and Printing.

301.63 301.71Subpart GGG—Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which 

Construction, Reconstruction, or Modification Commenced after January 4, 1983, and on or before November 7, 2006.

301.64 301.72Subpart GGGa—Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which 

Construction, Reconstruction, or Modification Commenced after November 7, 2006.
County Notices According to A.R.S. § 49-112

1282 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

301.65 301.73Subpart HHH—Standards of Performance for Synthetic Fiber Production Facilities.

301.66 301.74Subpart III—Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Synthetic Organic 

Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes.

301.67 301.75Subpart JJJ—Standards of Performance for Petroleum Dry Cleaners.

301.68 301.76Subpart KKK—Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants.

301.69 301.77Subpart LLL—Standards of Performance for Onshore Natural Gas Processing: SO2 Emissions.

301.78 Subpart MMM—(Reserved)

301.70 301.79Subpart NNN—Standards of Performance for Volatile Organic Compound (VOC) Emissions from Synthetic Organic 

Chemical Manufacturing Industry (SOCMI) Distillation Operations.

301.71 301.80Subpart OOO—Standards of Performance for Nonmetallic Mineral Processing Plants.

301.72 301.81Subpart PPP—Standard of Performance for Wool Fiberglass Insulation Manufacturing Plants.

301.73 301.82Subpart QQQ—Standards of Performance for VOC Emissions from Petroleum Refinery Wastewater Systems.

301.74 301.83Subpart RRR—Standards of Performance for Volatile Organic Compound (VOC) Emissions from Synthetic Organic 

Chemical Manufacturing Industry (SOCMI) Reactor Processes.

301.75 301.84Subpart SSS—Standards of Performance for Magnetic Tape Coating Facilities.

301.76 301.85Subpart TTT—Standards of Performance for Industrial Surface Coating: Surface Coating of Plastic Parts for Business 

Machines.

301.77 301.86Subpart UUU—Standards of Performance for Calciners and Dryers in Mineral Industries.

301.78 301.87Subpart VVV—Standards of Performance for Polymeric Coating of Supporting Substrates Facilities.

301.79 301.88Subpart WWW—Standards of Performance for Municipal Solid Waste Landfills.

301.89 Subpart XXX—(Reserved)

301.90 Subpart YYY—(Reserved)

301.91 Subpart ZZZ—(Reserved)

301.80 301.92Subpart AAAA—Standards of Performance for Small Municipal Waste Combustion Units for which Construction is 

Commenced after August 30, 1999 or for which Modification or Reconstruction is Commenced after June 6, 2001.

301.81 301.93Subpart CCCC—Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for which 

Construction is Commenced after November 30, 1999 or for which Modification or Reconstruction is Commenced on 

or after June 1, 2001.

301.82 301.94Subpart EEEE—Standards of Performance for Other Solid Waste Incineration Units for which Construction is 

Commenced after December 9, 2004, or for which Modification or Reconstruction is Commenced on or after June 16, 

2006.

301.95 Subpart GGGG—(Reserved)

301.96 Subpart HHHH—(Reserved)

301.83 301.97Subpart IIII—Standards of Performance for Stationary Compression Ignition Internal Combustion Engines.

301.84 301.98Subpart JJJJ—Standards of Performance for Stationary Spark Ignition Internal Combustion Engines.

301.85 301.99Subpart KKKK—Standards of Performance for Stationary Combustion Turbines.
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County Notices According to A.R.S. § 49-112

301.86 301.100Subpart LLLL—Standards of Performance for New Sewage Sludge Incineration Units.

301.101 Subpart NNNN—(Reserved)

301.87 301.102Subpart OOOO—Standards for Crude Oil and Natural Gas Production, Transmission and Distribution.

301.103 Subpart PPPP—(Reserved)

301.104 Subpart QQQQ—Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces.

302 ADDITIONAL REQUIREMENTS: From the general standards identified in Section 301 of this rule, delete 40 CFR 

60.4, 60.5, and 60.6. All requests, reports, applications, submittals, and other communications to the Control Officer pursuant to 

this rule shall be submitted to the Maricopa County Air Quality Department, 1001 N. Central Ave., Suite 125, Phoenix, AZ, 

85004.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 370

FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM

INDEX

SECTION 100 – GENERAL

101 PURPOSE

102 APPLICABILITY

103 AVAILABILITY OF INFORMATION

104 FEDERAL DELEGATION AUTHORITY

SECTION 200 – DEFINITIONS

201 ADMINISTRATOR

202 AMENDED WATER

203 EXISTING SOURCE

204 FEDERALLY LISTED HAZARDOUS AIR POLLUTANT

205 GOVERNMENT-ISSUED PHOTO IDENTIFICATION CARD

206 HAZARDOUS AIR POLLUTANT

207 MAJOR SOURCE

208 MODIFICATION

209 NESHAP

210 NEW SOURCE

211 STATIONARY SOURCE

SECTION 300 – STANDARDS

301 STANDARDS OF PERFORMANCE FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS

302 STANDARDS OF PERFORMANCE FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS FOR 

SOURCE CATEGORIES

303 ADDITIONAL REQUIREMENTS
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1284 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

SECTION 400 – ADMINISTRATIVE REQUIREMENTS

401 CONTROL TECHNOLOGY DETERMINATIONS FOR MAJOR SOURCES IN ACCORDANCE WITH CLEAN 

AIR ACT SECTIONS, SECTIONS 112(g) AND 112(j)

402 COMPLIANCE EXTENSIONS FOR EARLY REDUCTION OF FEDERALLY LISTED HAZARDOUS AIR 

POLLUTANTS

SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)

Revised 07/13/88; Revised 04/06/92; Repealed and Adopted 11/15/93; Revised 11/20/96; Revised 05/14/97; Revised 05/20/98; Revised 

08/19/98; Revised 03/01/00; Revised 03/07/01; Revised 11/19/03; Revised 03/15/06; Revised 12/17/08; Revised 09/16/09; Revised 07/07/

10; Revised 08/17/11; Revised 07/25/12; Revised March 26, 2014; and Revised 11/05/2014.

Revised 07/13/1988; Revised 04/06/1992; Repealed and Adopted 11/15/1993; Revised 11/20/1996; Revised 05/14/1997; Revised 05/20/

1998; Revised 08/19/1998; Revised 03/01/2000; Revised 03/07/2001; Revised 11/19/2003; Revised 03/15/2006; Revised 12/17/2008; 

Revised 09/16/2009; Revised 07/07/2010; Revised 08/17/2011; Revised 07/25/2012; Revised 03/26/2014; Revised 11/05/2014; and 

Revised MM/DD/YYYY.

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 370

FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM

SECTION 100 – GENERAL

101 PURPOSE: To establish emission standards for federally listed hazardous air pollutants.

102 APPLICABILITY: The provisions of this rule apply to the owner or operator of any stationary source for which a standard is 

prescribed under this rule, and for which federal delegation of the implementation and enforcement of the standards to the Maricopa County Air Quality Department (department) has been accomplished. Any such stationary source must also comply with 

other Maricopa County Air Pollution Control Regulations.

103 AVAILABILITY OF INFORMATION: Copies of all 40 CFR, Part 61 and Part 63 revisions currently enforced by the department are available electronically at: ecfr.gpoaccess.gov http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR; at the Maricopa County Air Quality Department, 1001 N. Central Ave., Suite 125, Phoenix, AZ, 85004; or by 

calling (602) 506-6010 for information. ASTM standards are available from ASTM International, 100 Barr Harbor Drive, P.O. 

Box C700, West Conshohocken, PA 19428, or from its website at www.astm.org.

104 FEDERAL DELEGATION AUTHORITY: The department shall enforce the national emission standards for hazardous air 

pollutants (NESHAPs) (40 CFR 61 and 40 CFR 63) listed in Section 300 of this rule which have been delegated to the County 

by the United States Environmental Protection Agency (EPA) for such enforcement. The department in addition, may enforce 

such other NESHAPs as delegated for such enforcement by the EPA to the County.

SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall apply, in addition to those definitions found 

in Rule 100 (General Provisions and Definitions) of these rules. In the event of any inconsistency between any of the Maricopa County air 

pollution control rules, the definitions in this rule take precedence.

201 ADMINISTRATOR – As used in Parts 61 and 63, Title 40, Code of Federal Regulations, shall mean the Control Officer, 

except that the Control Officer shall not be empowered to approve alternate or equivalent test methods, alternative standards/

work practices, or other nondelegable authorities, except as specifically provided in each subpart.

202 AMENDED WATER – Water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate asbestos-containing material (ACM).

203 EXISTING SOURCE – Any stationary source other than a new source.

204 FEDERALLY LISTED HAZARDOUS AIR POLLUTANT – Any air pollutant listed pursuant to Section 112(b) of the Act.
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205 GOVERNMENT-ISSUED PHOTO IDENTIFICATION CARD – Includes, but is not limited to, a valid driver's license, a 

valid non-operating identification license, a valid tribal enrollment card or tribal identification card, or other valid government 

issued photo identification that includes the name, address, and photograph of the card holder.

206 HAZARDOUS AIR POLLUTANT – Any air pollutant regulated under Section 112 of the Act, any air pollutant subject to 

NESHAP, or any air pollutant designated by the Director as a hazardous air pollutant pursuant to A.R.S. § 49-426.04.

207 MAJOR SOURCE – A stationary source or group of stationary sources located within a contiguous area, and under common 

control, and that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any federally listed hazardous air pollutant or 25 tons per year or more of any combination of federally listed hazardous air pollutants. A 

lesser quantity or, in the case of radionuclides, a different criteria may be established by the Administrator pursuant to Section 

112 of the Act and may be adopted by the Board of Supervisors by rule.

208 MODIFICATION – Any physical change in, or change in the method of operation of a major source which increases the actual 

emissions of any federally listed hazardous air pollutant emitted by such source by more than a de minimis amount, or which 

results in the emission of any federally listed hazardous air pollutant, not previously emitted by more than a de minimis amount.

209 NESHAP – National emission standards for hazardous air pollutants pursuant to 40 CFR Part 61 and Part 63.

210 NEW SOURCE – A stationary source, the construction or reconstruction of which commences after the Administrator first proposes regulations under Section 112 of the Act establishing an emission standard applicable to such source.

211 STATIONARY SOURCE – Any building, structure, facility, or installation which emits or may emit any air pollutant.

SECTION 300 – STANDARDS

301 STANDARDS OF PERFORMANCE FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS: The federally 

listed hazardous air pollutants as listed in Table 370.1 of this rule and NESHAPs adopted as of July 1, 2014July 1, 2015, as listed 

below and as which can be found at 40 CFR 61 and all accompanying appendices, are incorporated by reference with the listed 

exclusions and additions and shall be applied by the Control Officer. This incorporation by reference includes no future editions 

or amendments. Each owner or operator subject to the requirements of the following subparts shall comply with the 

requirements of those subparts and the additional requirements set forth herein. Incorporation by reference does not include 

nondelegable functions of the EPA Administrator.

301.1 Subpart A—General Provisions; exclude any sections dealing with equivalency determinations that are 

nontransferable through Section 112(e)(3) of the Act.

301.2 Subpart C—National Emission Standard for Beryllium.

301.3 Subpart D—National Emission Standard for Beryllium Rocket Motor Firing.

301.4 Subpart E—National Emission Standard for Mercury.

301.5 Subpart F—National Emission Standard for Vinyl Chloride.

301.6 Subpart G—(Reserved).

301.6 301.7Subpart J—National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene.

301.7 301.8Subpart L—National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants.

301.8 301.9Subpart M—National Emission Standard for Asbestos.

a. Each owner or operator of a demolition activity or renovation activity involving a facility as defined in 40 CFR 

61, Subpart M shall:

(1) Fully comply with all requirements of 40 CFR 61, Subpart M.

(2) Thoroughly inspect the facility within 12 months of commencement of demolition or renovation activity for 

the presence of asbestos, including Category I and Category II nonfriable ACM. Include the date of this 
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1286 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

inspection on the written notification.

(3) Provide the Control Officer with written notification of intention to demolish or to renovate in the manner 

described in 40 CFR 61.145.

(4) Update all notifications in accordance with 40 CFR 61.145(b). For renovations described in 40 CFR 

61.145(a)(4)(iii), notifications shall expire every December 31, with new notices required at least 10 working days before the end of the calendar year preceding the year for which notice is being given. All other 

notifications shall expire one year from either the original postmark date or commercial delivery date or date 

of hand delivery to the Control Officer. For a demolition activity or renovation activity that continues 

beyond the expiration date, the owner or operator of the demolition or renovation activity shall notify the 

Control Officer in accordance with 40 CFR 61.145(b) at least 10 working days prior to the expiration of the 

original notice and pay all applicable fees prescribed by Rule 280 of these rules.

(5) Pay all applicable fees prescribed by Rule 280 of these rules.

b. In addition, each owner or operator of a demolition activity or renovation activity shall comply with the following 

requirements:

(1) Certification, training, and record keeping requirements:

(a) All facilities scheduled for demolition or renovation shall be inspected by a currently certified Asbestos 

Hazard Emergency Response Act (AHERA) accredited asbestos building inspector (herein referenced 

as inspector), as required by either AHERA or the Asbestos School Hazard Abatement Reauthorization 

Act (ASHARA).

(b) Each owner and operator of a facility shall maintain a copy of any reports of inspections made for a 

facility for two years from completion of project, including laboratory test results of samples collected. 

A copy of the inspection reports and laboratory test results shall be on-site and available for inspection 

at the facility, upon request of the Department, during all demolition and renovation (asbestos setup, 

removal, handling, collecting, containerizing, cleanup and dismantling) activities.

(c) All asbestos workers shall maintain current AHERA worker certification. All asbestos contractor/

supervisors shall maintain current AHERA/ASHARA contractor/supervisor certification and shall be 

on-site at all times during any active asbestos abatement work at or above NESHAP threshold amounts. 

A legible copy of all asbestos workers and contractor/supervisor's current training certificates from an 

EPA accredited training provider shall be available for inspection at all times at the demolition or renovation site.

(d) All asbestos workers and contractor/supervisors shall have color photo identification on-site and available for inspection, upon request of the Department, at all times during asbestos setup, removal, handling, collecting, containerizing, cleanup and dismantling. The color photo identification shall be from 

an EPA accredited training provider verifying the certification requirements in section (b)(1)(c), or a 

current government-issued photo identification card.

(2) Asbestos renovation and demolition standards:

(a) A facility owner or operator shall not create visible dust emissions when removing or transporting to 

the disposal site Category I nonfriable asbestos-containing material (ACM) and Category II nonfriable 

ACM that remain nonfriable Category I ACM and nonfriable Category II ACM.

(b) Inspection viewing devices at facilities are required at all asbestos renovation projects where regulated 

asbestos-containing material (RACM) is being abated, except for roofing projects involving Category I 

nonfriable ACM and Category II nonfriable ACM exclusively. Viewing devices shall be so designed as 

to allow an inspector to view the facility from the outside, either through ports or by video monitoring.

(c) All exposed RACM subject to cutting or dismantling operations and all RACM being removed from a 

facility or a facility component shall be kept adequately wet by using amended water to control the 

release of asbestos fibers. The use of amended water will not be required in the case of an ordered dem-
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County Notices According to A.R.S. § 49-112

olition, as defined in 40 CFR 61.145(a)(3), where the debris is suspected to contain or is known to contain ACM , however ordered demolitions are subject to 40 CFR 61.145(c)(9). Specific exemptions are 

listed under 40 CFR 61.145(c)(3)(i)(A), 40 CFR 61.145(c)(3)(ii) and/or 40 CFR 61.145(c)(7)(i). To 

claim these exemptions, the owner or operator shall follow the requirements of 40 CFR 

61.145(c)(3)(i)(B), 40 CFR 61.145(c)(3)(iii) and/or 61.145(c)(7)(ii) and (iii).

(d) All RACM shall be contained in transparent, leak-tight wrapping and shall remain adequately wet to 

prevent dust emissions during removal, transport, storage, and proper landfill disposal following local, 

county, state, and federal regulations. Affix a visible and legible label to each individual wrapping with 

the name of the site owner or operator and the name and address of the location that generated the 

RACM.

301.9 301.10Subpart N—National Emission Standard for Inorganic Arsenic Emissions from Glass Manufacturing Plants.

301.10 301.11Subpart O—National Emission Standard for Inorganic Arsenic Emissions from Primary Copper Smelters.

301.11 301.12Subpart P—National Emission Standard for Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic 

Production Facilities.

301.13 Subpart S—(Reserved).

301.14 Subpart U—(Reserved).

301.12 301.15Subpart V—National Emission Standard for Equipment Leaks (Fugitive Emission Sources).

301.16 Subpart X—(Reserved).

301.13 301.17Subpart Y—National Emission Standard for Benzene Emissions from Benzene Storage Vessels.

301.18 Subpart Z—(Reserved).

301.19 Subpart AA—(Reserved).

301.14 301.20Subpart BB—National Emission Standard for Benzene Emissions from Benzene Transfer Operations.

301.21 Subpart CC—(Reserved).

301.22 Subpart DD—(Reserved).

301.23 Subpart EE—(Reserved).

301.15 301.24Subpart FF—National Emission Standard for Benzene Waste Operations.

302 STANDARDS OF PERFORMANCE FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS FOR SOURCE 

CATEGORIES: The federally listed hazardous air pollutants as listed in Table 370.1 of this rule and NESHAPs adopted as of 

July 1, 2014July 1, 2015, as listed below and as which can be found at 40 CFR 63, and all accompanying appendices, are incorporated by reference, as applicable requirements, with the listed exclusions and additions and shall be applied by the Control 

Officer. This incorporation by reference includes no future editions or amendments. Each owner or operator subject to the 

requirements of the following subparts shall comply with the requirements of those subparts and the additional requirements set

forth. Incorporation by reference does not include nondelegable functions of the EPA Administrator.

302.1 Subpart A—General Provisions.

302.2 Subpart F—National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical 

Manufacturing Industry.

302.3 Subpart G—National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater.

302.4 Subpart H—National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.
County Notices According to A.R.S. § 49-112

1288 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

302.5 Subpart I—National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the 

Negotiated Regulation for Equipment Leaks.

302.6 Subpart J—National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production.

302.7 Subpart K—(Reserved).

302.7 302.8Subpart L—National Emission Standards for Coke Oven Batteries.

302.8 302.9Subpart M—National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities.

302.9 302.10Subpart N—National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating 

and Chromium Anodizing Tanks.

302.10 302.11Subpart O—Ethylene Oxide Emissions Standards for Sterilization Facilities.

302.12 Subpart P—(Reserved).

302.11 302.13Subpart Q—National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers.

302.12 302.14Subpart R—National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline 

Breakout Stations).

302.13 302.15Subpart S—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry.

302.14 302.16Subpart T—National Emission Standards for Halogenated Solvent Cleaning.

302.15 302.17Subpart U—National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins.

302.18 Subpart V—(Reserved).

302.16 302.19Subpart W—National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon 

Polyamides Production.

302.17 302.20Subpart X—National Emission Standards for Hazardous Air Pollutants from Secondary Lead Smelting.

302.21 Subpart Z—(Reserved).

302.18 302.22Subpart AA—National Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing Plants.

302.19 302.23Subpart BB—National Emission Standards for Hazardous Air Pollutants from Phosphate Fertilizers Production Plants.

302.20 302.24Subpart CC—National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries.

302.21 302.25Subpart DD—National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations.

302.22 302.26Subpart EE—National Emission Standards for Magnetic Tape Manufacturing Operations.

302.27 Subpart FF—(Reserved).

302.23 302.28Subpart GG—National Emission Standards for Aerospace Manufacturing and Rework Facilities.

302.24 302.29Subpart HH—National Emission Standards for Hazardous Air Pollutants from Oil and Natural Gas Production Facilities.

302.25 302.30Subpart JJ—National Emission Standards for Wood Furniture Manufacturing Operations.

302.26 302.31Subpart KK—National Emission Standards for the Printing and Publishing Industry.

302.32 Subpart LL—National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants.
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County Notices According to A.R.S. § 49-112

302.27 302.33Subpart MM—National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources 

at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills.

302.34 Subpart NN—(Reserved).

302.28 302.35Subpart OO—National Emission Standards for Tanks – Level 1.

302.29 302.36Subpart PP—National Emission Standards for Containers.

302.30 302.37Subpart QQ—National Emission Standards for Surface Impoundments.

302.31 302.38Subpart RR—National Emission Standards for Individual Drain Systems.

302.32 302.39Subpart SS—National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to 

a Fuel Gas System or a Process.

302.33 302.40Subpart TT—National Emission Standards for Equipment Leaks – Control Level 1.

302.34 302.41Subpart UU—National Emission Standards for Equipment Leaks – Control Level 2 Standards.

302.35 302.42Subpart VV—National Emission Standards for Oil-Water Separators and Organic-Water Separators.

302.36 302.43Subpart WW—National Emission Standards for Storage Vessels (Tanks) – Control Level 2.

302.37 302.44Subpart XX—National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and 

Waste Operations.

302.38 302.45Subpart YY—National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum 

Achievable Control Technology Standards.

302.46 Subpart ZZ—(Reserved).

302.47 Subpart AAA—(Reserved).

302.48 Subpart BBB—(Reserved).

302.39 302.49Subpart CCC—National Emission Standards for Hazardous Air Pollutants for Steel Pickling – HCl Process Facilities 

and Hydrochloric Acid Regeneration Plants.

302.40 302.50Subpart DDD—National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production.

302.41 302.51Subpart EEE—National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors.

302.52 Subpart FFF—(Reserved).

302.42 302.53Subpart GGG—National Emission Standards for Pharmaceuticals Production.

302.43 302.54Subpart HHH—National Emission Standards for Hazardous Air Pollutants from Natural Gas Transmission and Storage 

Facilities.

302.44 302.55Subpart III—National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production.

302.45 302.56Subpart JJJ—National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins.

302.57 Subpart KKK—(Reserved).

302.46 302.58Subpart LLL—National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing 

Industry.

302.47 302.59Subpart MMM—National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production.

302.48 302.60Subpart NNN—National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing.
County Notices According to A.R.S. § 49-112

1290 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

302.49 302.61Subpart OOO—National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic 

Resins.

302.50 302.62Subpart PPP—National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production.

302.51 302.63Subpart QQQ—National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting.

302.52 302.64Subpart RRR—National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production.

302.65 Subpart SSS—(Reserved).

302.53 302.66Subpart TTT—National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting.

302.54 302.67Subpart UUU—National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking 

Units, Catalytic Reforming Units, and Sulfur Recovery Units.

302.55 302.68Subpart VVV—National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works.

302.69 Subpart WWW—(Reserved).

302.56 302.70Subpart XXX—National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese 

and Silicomanganese.

302.71 Subpart YYY—(Reserved).

302.72 Subpart ZZZ—(Reserved).

302.57 302.73Subpart AAAA—National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills.

302.74 Subpart BBBB—(Reserved).

302.58 302.75Subpart CCCC—National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast.

302.59 302.76Subpart DDDD—National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products.

302.60 302.77Subpart EEEE—National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline).

302.61 302.78Subpart FFFF—National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing.

302.62 302.79Subpart GGGG—National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production.

302.63 302.80Subpart HHHH—National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production.

302.64 302.81Subpart IIII—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and LightDuty Trucks.

302.65 302.82Subpart JJJJ—National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating.

302.66 302.83Subpart KKKK—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans.

302.84 Subpart LLLL—(Reserved).

302.67 302.85Subpart MMMM—National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous 

Metal Parts and Products.

302.68 302.86Subpart NNNN—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances.

302.69 302.87Subpart OOOO—National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics 
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and Other Textiles.

302.70 302.88Subpart PPPP—National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and 

Products.

302.71 302.89Subpart QQQQ—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products.

302.72 302.90Subpart RRRR—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture.

302.73 302.91Subpart SSSS—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil.

302.74 302.92Subpart TTTT—National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations.

302.75 302.93Subpart UUUU—National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing.

302.76 302.94Subpart VVVV—National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing.

302.77 302.95Subpart WWWW—National Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production.

302.78 302.96Subpart XXXX—National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing.

302.79 302.97Subpart YYYY—National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines.

302.80 302.98Subpart ZZZZ—National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines.

302.81 302.99Subpart AAAAA—National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants.

302.82 302.100Subpart BBBBB—National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing.

302.83 302.101Subpart CCCCC—National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, 

and Battery Stacks.

302.84 302.102Subpart DDDDD—National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters.

302.85 302.103Subpart EEEEE—National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries.

302.86 302.104Subpart FFFFF—National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities.

302.87 302.105Subpart GGGGG—National Emission Standards for Hazardous Air Pollutants: Site Remediation.

302.88 302.106Subpart HHHHH—National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing.

302.89 302.107Subpart IIIII—National Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell 

Chlor-Alkali Plants.

302.90 302.108Subpart JJJJJ—National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products 

Manufacturing.

302.91 302.109Subpart KKKKK—National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing.

302.92 302.110Subpart LLLLL—National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing.

302.93 302.111Subpart MMMMM—National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations.

302.94 302.112Subpart NNNNN—National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production.
County Notices According to A.R.S. § 49-112

1292 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

302.113 Subpart OOOOO—(Reserved).

302.95 302.114Subpart PPPPP—National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands.

302.96 302.115Subpart QQQQQ—National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing 

Facilities.

302.97 302.116Subpart RRRRR—National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing.

302.98 302.117Subpart SSSSS—National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing.

302.99 302.118Subpart TTTTT—National Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining.

302.100 302.119Subpart UUUUU—National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility 

Steam Generating Units.

302.120 Subpart VVVVV—(Reserved).

302.101 302.121Subpart WWWWW—National Emission Standards for Hospital Ethylene Oxide Sterilizers.

302.122 Subpart XXXXX—(Reserved).

302.102 302.123Subpart YYYYY—National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace 

Steelmaking Facilities.

302.103 302.124Subpart ZZZZZ—National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area 

Sources.

302.125 Subpart AAAAAA—(Reserved).

302.104 302.126Subpart BBBBBB—National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities.

302.105 302.127Subpart CCCCCC—National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities.

302.106 302.128Subpart DDDDDD—National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources.

302.107 302.129Subpart EEEEEE—National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Area 

Sources.

302.108 302.130Subpart FFFFFF—National Emission Standards for Hazardous Air Pollutants: Secondary Copper Smelting Area 

Sources.

302.109 302.131Subpart GGGGGG—National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area 

Sources--Zinc, Cadmium, and Beryllium.

302.110 302.132 Subpart HHHHHH—National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources.

302.133Subpart IIIIII—(Reserved).

302.111 302.134Subpart JJJJJJ—National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, 

and Institutional Boilers.

302.135 Subpart KKKKKK—(Reserved).

302.112 302.136Subpart LLLLLL—National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources.
July 31, 2015 | Published by the Arizona Secretary of State | Vol. 21, Issue 31 1293

County Notices According to A.R.S. § 49-112

302.113 302.137Subpart MMMMMM—National Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area 

Sources.

302.114 302.138Subpart NNNNNN—National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area 

Sources: Chromium Compounds.

302.115 302.139Subpart OOOOOO—National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and Fabrication Area Sources.

302.116 302.140Subpart PPPPPP—National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing 

Area.

302.117 302.141Subpart QQQQQQ—National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources.

302.118 302.142Subpart RRRRRR—National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing 

Area Sources.

302.119 302.143Subpart SSSSSS—National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources.

302.120 302.144Subpart TTTTTT—National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources.

302.145Subpart UUUUUU—(Reserved).

302.121 302.146Subpart VVVVVV—National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area 

Sources

302.122 302.147Subpart WWWWWW—National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations.

302.123 302.148Subpart XXXXXX—National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine Metal 

Fabrication and Finishing Source Categories.

302.124 302.149Subpart YYYYYY—National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities.

302.125 302.150Subpart ZZZZZZ—National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, 

Copper, and Other Nonferrous Foundries.

302.126 302.151Subpart AAAAAAA—National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing.

302.127 302.152Subpart BBBBBBB—National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry.

302.128 302.153Subpart CCCCCCC—National Emission Standards for Hazardous Air Pollutants for Area Sources: Paints and Allied 

Products Manufacturing.

302.129 302.154Subpart DDDDDDD—National Emission Standards for Hazardous Air Pollutants for Area Sources: Prepared Feeds 

Manufacturing.

302.130 302.155Subpart EEEEEEE—National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and Production Area Source Category.

302.156 Subpart FFFFFFF—(Reserved).

302.157 Subpart GGGGGGG—(Reserved).

302.131 302.158Subpart HHHHHHH—National Emission Standards for Hazardous Air Pollutant Emissions for Polyvinyl Chloride 

and Copolymers Production.
County Notices According to A.R.S. § 49-112

1294 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

303 ADDITIONAL REQUIREMENTS:

303.1 From the general standards identified in Section 301 of this rule, delete 40 CFR 61.04. All requests, reports, applications, submittals, and other communications to the Control Officer pursuant to this rule shall be submitted to the Maricopa County Air Quality Department, 1001 N. Central Ave., Suite 125, Phoenix, AZ, 85004.

303.2 Where the Act has established provisions, including specific schedules, for the regulation of source categories pursuant to Sections 112(e)(5) and 112(n) of the Act, the Control Officer may enforce those provisions.

303.3 For any category or subcategory of sources licensed by the U.S. Nuclear Regulatory Commission, the Board of Supervisors shall not adopt and the Control Officer shall not enforce any standard or limitation respecting emissions of 

radionuclides which is more stringent than the standard or limitation adopted by the Administrator pursuant to Section 

112 of the Act.

303.4 If the Administrator finds by rule that regulation is not appropriate or necessary or that alternative control strategies 

should be applied, the Control Officer shall administer and enforce this rule based on the Administrator's findings.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS

401 CONTROL TECHNOLOGY DETERMINATIONS FOR MAJOR SOURCES IN ACCORDANCE WITH CLEAN AIR 

ACT SECTIONS, SECTIONS 112(g) AND 112(j): 40 CFR 63.40 through 40 CFR 63.44 and 40 CFR 63.50 through 40 CFR 

63.56 are adopted by reference as of July 1, 2014July 1, 2015.

402 COMPLIANCE EXTENSIONS FOR EARLY REDUCTION OF FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS: 40 CFR 63.70 through 40 CFR 63.81 and Table 370.1 are adopted by reference as of July 1, 2014July 1, 2015.

SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)

TABLE 370-1. FEDERAL LIST OF HAZARDOUS AIR POLLUTANTS

A. All of the following are federally listed hazardous air pollutants:

CAS No. Chemical Name

75-07-0 Acetaldehyde

60-35-5 Acetamide

75-05-8 Acetonitrile

98-86-2 Acetophenone

53-96-3 2Acetylaminofluorene

107-02-8 Acrolein

79-06-1 Acrylamide

79-10-7 Acrylic acid

107-13-1 Acrylonitrile

107-05-1 Allyl chloride

92-67-1 4Aminobiphenyl

62-53-3 Aniline

90-04-0 oAnisidine

1332-21-4 Asbestos

71-43-2 Benzene (including benzene from gasoline)

92-87-5 Benzidine

98-07-7 Benzotrichloride

100-44-7 Benzyl chloride

92-52-4 Biphenyl

117-81-7 Bis(2ethylhexyl)phthalate (DEHP)

542-88-1 Bis(chloromethyl)ether

75-25-2 Bromoform

106-99-0 1,3Butadiene

156-62-7 Calcium cyanamide

133-06-2 Captan

63-25-2 Carbaryl
July 31, 2015 | Published by the Arizona Secretary of State | Vol. 21, Issue 31 1295

County Notices According to A.R.S. § 49-112

75-15-0 Carbon disulfide

56-23-5 Carbon tetrachloride

463-58-1 Carbonyl sulfide

120-80-9 Catechol

133-90-4 Chloramben

57-74-9 Chlordane

7782-50-5 Chlorine

79-11-8 Chloroacetic acid

532-27-4 2Chloroacetophenone

108-90-7 Chlorobenzene

510-15-6 Chlorobenzilate

67-66-3 Chloroform

107-30-2 Chloromethyl methyl ether

126-99-8 Chloroprene

1319-77-3 Cresols/Cresylic acid (isomers and mixture)

95-48-7 oCresol

108-39-4 mCresol

106-44-5 pCresol

98-82-8 Cumene

94-75-7 2,4D, salts and esters

3547-04-4 DDE

334-88-3 Diazomethane

132-64-9 Dibenzofurans

96-12-8 1,2Dibromo3chloropropane

84-74-2 Dibutylphthalate

106-46-7 1,4Dichlorobenzene(p)

91-94-1 3,3Dichlorobenzidene

111-44-4 Dichloroethyl ether (Bis(2chloroethyl)ether)

542-75-6 1,3Dichloropropene

62-73-7 Dichlorvos

111-42-2 Diethanolamine

121-69-7 N,NDiethyl aniline (N,NDimethylaniline)

64-67-5 Diethyl sulfate

119-90-4 3,3Dimethoxybenzidine

60-11-7 Dimethyl aminoazobenzene

119-93-7 3,3’Dimethyl benzidine

79-44-7 Dimethyl carbamoyl chloride

68-12-2 Dimethyl formamide

57-14-7 1,1Dimethyl hydrazine

131-11-3 Dimethyl phthalate

77-78-1 Dimethyl sulfate

534-52-1 4,6Dinitroocresol, and salts

51-28-5 2,4Dinitrophenol

121-14-2 2,4Dinitrotoluene

123-91-1 1,4Dioxane (1,4Diethyleneoxide)

122-66-7 1,2Diphenylhydrazine

106-89-8 Epichlorohydrin (1Chloro2,3epoxypropane)

106-88-7 1,2Epoxybutane

140-88-5 Ethyl acrylate

100-41-4 Ethyl benzene

51-79-6 Ethyl carbamate (Urethane)

75-00-3 Ethyl chloride (Chloroethane)

106-93-4 Ethylene dibromide (Dibromoethane)

107-06-2 Ethylene dichloride (1,2Dichloroethane)

107-21-1 Ethylene glycol

151-56-4 Ethylene imine (Aziridine)

75-21-8 Ethylene oxide

96-45-7 Ethylene thiourea

75-34-3 Ethylidene dichloride (1,1Dichloroethane)

50-00-0 Formaldehyde
County Notices According to A.R.S. § 49-112

1296 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

76-44-8 Heptachlor

118-74-1 Hexachlorobenzene

87-68-3 Hexachlorobutadiene

77-47-4 Hexachlorocyclopentadiene

67-72-1 Hexachloroethane

822-06-0 Hexamethylene1,6diisocyanate

680-31-9 Hexamethylphosphoramide

110-54-3 Hexane

302-01-2 Hydrazine

7647-01-0 Hydrochloric acid

7664-39-3 Hydrogen fluoride (Hydrofluoric acid)

123-31-9 Hydroquinone

78-59-1 Isophorone

58-89-9 Lindane (all isomers)

108-31-6 Maleic anhydride

67-56-1 Methanol

72-43-5 Methoxychlor

74-83-9 Methyl bromide (Bromomethane)

74-87-3 Methyl chloride (Chloromethane)

71-55-6 Methyl chloroform (1,1,1Trichloroethane)

60-34-4 Methyl hydrazine

74-88-4 Methyl iodide (Iodomethane)

108-10-1 Methyl isobutyl ketone (Hexone)

624-83-9 Methyl isocyanate

80-62-6 Methyl methacrylate

1634-04-4 Methyl tert butyl ether

101-14-4 4,4Methylene bis (2chloroaniline)

75-09-2 Methylene chloride (Dichloromethane)

101-68-8 Methylene diphenyl diisocyanate (MDI)

101-77-9 4,4’Methylenedianiline

91-20-3 Naphthalene

98-95-3 Nitrobenzene

92-93-3 4Nitrobiphenyl

100-02-7 4Nitrophenol

79-46-9 2Nitropropane

684-93-5 NNitrosoNmethylurea

62-75-9 NNitrosodimethylamine

59-89-2 NNitrosomorpholine

56-38-2 Parathion

82-68-8 Pentachloronitrobenzene (Quintobenzene)

87-86-5 Pentachlorophenol

108-95-2 Phenol

106-50-3 pPhenylenediamine

75-44-5 Phosgene

7803-51-2 Phosphine

7723-14-0 Phosphorus

85-44-9 Phthalic anhydride

1336-36-3 Polychlorinated biphenyls (Aroclors)

1120-71-4 1,3Propane sultone

57-57-8 betaPropiolactone

123-38-6 Propionaldehyde

114-26-1 Propoxur (Baygon)

78-87-5 Propylene dichloride (1,2Dichloropropane)

75-56-9 Propylene oxide

75-55-8 1,2Propylenimine (2Methylaziridine)

91-22-5 Quinoline

106-51-4 Quinone

100-42-5 Styrene

96-09-3 Styrene oxide

1746-01-6 2,3,7,8Tetrachlorodibenzopdioxin
July 31, 2015 | Published by the Arizona Secretary of State | Vol. 21, Issue 31 1297

County Notices According to A.R.S. § 49-112

B. The following applies for all listings above which contain the word "compounds” or are glycol ethers: unless otherwise

specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e.,

antimony, arsenic, etc.) as part of that chemical's infrastructure.

[1] X'CN where X = H' or any other group where a formal dissociation may occur (e.g. KCN or Ca(CN)2).

[2] a.Includes mono and di ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2CH2)nOR' where:

n = 1, 2, or 3;

R = alkyl C7 or less; or

R = phenyl or alkyl substituted phenyl;

R' = H or alkyl C7 or less; or

OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate.

79-34-5 1,1,2,2Tetrachloroethane

127-18-4 Tetrachloroethylene (Perchloroethylene)

7550-45-0 Titanium tetrachloride

108-88-3 Toluene

95-80-7 2,4Toluene diamine

584-84-9 2,4Toluene diisocyanate

95-53-4 oToluidine

8001-35-2 Toxaphene (chlorinated camphene)

120-82-1 1,2,4Trichlorobenzene

79-00-5 1,1,2Trichloroethane

79-01-6 Trichloroethylene

95-95-4 2,4,5Trichlorophenol

88-06-2 2,4,6Trichlorophenol

121-44-8 Triethylamine

1582-09-8 Trifluralin

540-84-1 2,2,4Trimethylpentane

108-05-4 Vinyl acetate

593-60-2 Vinyl bromide

75-01-4 Vinyl chloride

75-35-4 Vinylidene chloride (1,1Dichloroethylene)

1330-20-7 Xylenes (isomers and mixture)

95-47-6 oXylenes

108-38-3 mXylenes

106-42-3 pXylenes

0 Antimony Compounds

0 Arsenic Compounds inorganic including 

arsine)

0 Beryllium Compounds

0 Cadmium Compounds

0 Chromium Compounds

0 Cobalt Compounds

0 Coke Oven Emissions

0 Cyanide Compounds[1]

0 Glycol ethers[2]

0 Lead Compounds

0 Manganese Compounds

0 Mercury Compounds

0 Fine mineral fibers[3]

0 Nickel Compounds

0 Polycyclic Organic Matter[4]

0 Radionuclides (including radon)[5]

0 Selenium Compounds
County Notices According to A.R.S. § 49-112

1298 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

b.Glycol ethers do not include ethylene glycol monobutyl ether (EGBE, 2-Butoxyethanol) (CAS No. 111-76-2).

[3] Includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other 

mineral derived fibers) of average diameter one micrometer or less.

[4] Includes organic compounds which have more than one benzene ring and which have a boiling point greater than or 

equal to 212 oF (100 oC).

[5] A type of atom which spontaneously undergoes radioactive decay.

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 371

ACID RAIN

INDEX

SECTION 100 – GENERAL

101PURPOSE

102APPLICABILITY

103SEVERABILITY

104AVAILABILITY OF INFORMATION

105FEDERAL DELEGATION AUTHORITY

SECTION 200 – DEFINITIONS (NOT APPLICABLE)

SECTION 300 – STANDARDS

301INCORPORATED SUBPARTS OF THE FEDERAL ACID RAIN REGULATIONS

302FEDERAL REGULATORY REVISIONS

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)

Adopted 02/15/95; Revised 04/03/96; Revised 03/01/00; Revised 03/07/01; Revised 11/19/03; Revised 03/15/06; Revised 12/17/08; 

Revised 09/16/09; Revised 07/07/10; Revised 08/17/11; Revised 07/25/12; Revised March 26, 2014; and Revised 11/05/2014.

Adopted 02/15/1995; Revised 04/03/1996; Revised 03/01/2000; Revised 03/07/2001; Revised 11/19/2003; Revised 03/15/2006; Revised

12/17/2008; Revised 09/16/2009; Revised 07/07/2010; Revised 08/17/2011; Revised 07/25/2012; Revised 03/26/2014; Revised 11/05/

2014; and Revised MM/DD/YYYY.

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 371

ACID RAIN

SECTION 100 – GENERAL

101 PURPOSE: To incorporate by reference the Acid Rain federal regulations in order to obtain delegated authority to enforce portions of the Clean Air Act Amendments of 1990 (CAAA).

102 APPLICABILITY: This rule applies to those affected units as described in 40 Code of Federal Regulations (CFR) 72.6 which 

has been adopted by reference and no future additions or amendments. Any such stationary source must also comply with other 
July 31, 2015 | Published by the Arizona Secretary of State | Vol. 21, Issue 31 1299

County Notices According to A.R.S. § 49-112

Maricopa County Air Pollution Control Regulations.

103 SEVERABILITY: If the provisions or requirements of the regulations incorporated pursuant to this rule conflict with any of the 

remaining portions of these rules, the regulations incorporated pursuant to this rule shall apply and shall take precedence.

104 AVAILABILITY OF INFORMATION: Copies of 40 CFR Part 72 (Permits Regulation), 40 CFR Part 74 (Sulfur Dioxide 

Opt-Ins), 40 CFR Part 75 (Continuous Emission Monitoring), and 40 CFR 76 (Acid Rain Nitrogen Oxides Emission Reduction 

Program) and all accompanying appendices currently enforced by the department are available electronically at: ecfr.gpoaccess.gov http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR; at the Maricopa County Air Quality 

Department, 1001 N. Central Ave., Suite 125, Phoenix, AZ, 85004; or by calling (602) 506-6010 for information. ASTM standards are available from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, or from 

its website at www.astm.org.

105 FEDERAL DELEGATION AUTHORITY: The department shall enforce the Federal Acid Rain Regulations which have been 

delegated to the County by the United States Environmental Protection Agency (EPA) for such enforcement. The department 

may, in addition, enforce such other Acid Rain Rules as delegated for such enforcement by the EPA to the County.

SECTION 200 – DEFINITIONS: See Rule 100 (General Provisions and Definitions) of these rules for definitions of terms that are used 

but not specifically defined in this rule.

SECTION 300 – STANDARDS

301 INCORPORATED SUBPARTS OF THE FEDERAL ACID RAIN REGULATIONS: 40 CFR Parts 72, 74, 75 and 76 and 

all accompanying appendices, adopted as of July 1, 2014July 1, 2015, (and no future additions or amendments) are incorporated 

by reference as applicable requirements.

302 FEDERAL REGULATORY REVISIONS: The Maricopa County Board of Supervisors shall take action 

following promulgation by the Environmental Protection Agency (EPA) of regulations implementing Section 407 and Section 

410 of the Clean Air Act (CAA), or revising either Part 72, 74, 75, and/or 76 of the regulations implementing Section 407 or 

Section 410 of the CAA, to either incorporate such new or revised provisions by reference or to submit, for the EPA approval, 

the Maricopa County Air Pollution Control Regulations implementing these provisions.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)

Adopted 03/15/06; Revised 12/17/08; Revised 09/16/09; Revised 07/07/10; Revised 08/17/11; Revised 07/25/12; Revised 09/25/13;

Revised March 26, 2014; and Revised 11/05/2014.

Adopted 03/15/2006; Revised 12/17/2008; Revised 09/16/2009; Revised 07/07/2010; Revised 08/17/2011; Revised 07/25/2012; Revised

09/25/2013; Revised 03/26/2014; Revised 11/05/2014; and REVISED MM/DD/YYYY.

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

APPENDIX G

Incorporated Materials

1. The following test methods, protocols, federal interpretations, guidelines, and appendices located in Title 40, Code of Federal 

Regulations (CFR) are approved for use as directed by the department under the Maricopa County Air Pollution Control Regulations. These standards are incorporated by reference as of July 1, 2014July 1, 2015, and no future editions or amendments.

a. 40 CFR 50;

b. 40 CFR 50, Appendices A-1, A-2, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, and T;

c. 40 CFR 51; Appendix M; Appendix S, Section IV; and Appendix W; and subsections:

1) 40 CFR 51.100

2) 40 CFR 51.165(a)(1)

3) 40 CFR 51.165(a)(2)(ii)(A) through (F)
County Notices According to A.R.S. § 49-112

1300 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

4) 40 CFR 51.165(a)(3)(i)(A) through (B)

5) 40 CFR 51.165(a)(3)(ii)(A) through (D) 

6) 40 CFR 51.165(a)(3)(ii)(G)

7) 40 CFR 51.165(a)(6)(i) through (vi)

8) 40 CFR 51.165(a)(11)(b)(2)

9) 40 CFR 51.165(f)(1) through (15)

10) 40 CFR 51.166(o)

11) 40 CFR 51.166(p)

13) 40 CFR 51.301

14) 40 CFR 51.307

d. 40 CFR 52, Appendices D and E; and subsection 52.21

e. 40 CFR 53;

f. 40 CFR 58;

g. 40 CFR 58, Appendices A, C, D, E, and G;

h. 40 CFR 60, Appendices A-1, A-2, A-3, A-4, A-5, A-6, A-7, A-8, B, C, D, F, G, and I;

i. 40 CFR 61, Appendices A, B, C, D, and E;

j. 40 CFR 63, all appendices; and

k. 40 CFR 70.4(b)(3)(viii); 

l. 40 CFR 75; and

m. 40 CFR 75, Appendices A, B, C, D, E, F, and G.

2. The following are federally listed non-precursor organic compounds, organic compounds which have been determined to have 

negligible photochemical reactivity as listed in 40 CFR 51.100(s).

a. This list is incorporated by reference as of July 1, 2014July 1, 2015, and no future editions or amendments:

CAS NUMBER COMPOUND NAME

1615-75-4 1 chloro-1-fluoroethane (HCFC-151a); 

163702-07-6 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100); 

375-03-1 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3, HFE-7000); 

132182-92-4 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300);

431-89-0 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); 

431?63?0 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 

138495-42-8 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);

431?31?2 1,1,1,2,3-pentafluoropropane (HFC-245eb); 

811-97-2 1,1,1,2-tetrafluoroethane (HFC-134a); 

690?39?1 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 

406?58?6 1,1,1,3,3-pentafluorobutane (HFC-365mfc); 

460?73?1 1,1,1,3,3-pentafluoropropane (HFC-245fa); 

71-55-6 1,1,1-trichloroethane (methyl chloroform); 

306-83-2 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 

420-46-2 1,1,1-trifluoroethane (HFC-143a); 

679?86?7 1,1,2,2,3-pentafluoropropane (HFC-245ca); 

359-35-3 1,1,2,2-tetrafluoroethane (HFC-134); 

24270?66?4 1,1,2,3,3-pentafluoropropane (HFC-245ea); 

76?13?1 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

1717-00-6 1,1-dichloro 1-fluoroethane (HCFC-141b); 

75-34-3 1,1-difluoroethane (HFC-152a); 

76?14?2 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114); 

354?23?4 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 

507-55-1 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 

75-68-3 1-chloro 1,1-difluoroethane (HCFC-142b); 

163702-05-4 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200);

754–12–1 2,3,3,3-tetrafluoropropene (HFO–1234yf) 
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County Notices According to A.R.S. § 49-112

b. The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion 

modeling, and inventory requirements, which apply to VOC and shall be uniquely identified in emission reports but are not 

VOC for purposes of VOC emissions limitations or VOC content requirements: t-butyl acetate (540-88-5).

3. The following documents are incorporated by reference and are approved for use as directed by the department under the Maricopa County Air Pollution Control Regulations. These documents are incorporated by reference as of the year specified below, 

and no future editions or amendments.

a. Section 1 and Section 7 of the The Arizona Department of Environmental Quality's (ADEQ) “Arizona Testing Manual for 

Air Pollutant Emissions,” amended as of March 1992, and no future editions or amendments.

b. All ASTM International (ASTM) standards referenced in the Maricopa County Air Pollution Control Regulations as of the 

year specified in the reference, and no future editions or amendments.

c. The U.S. Government Printing Office's “Standard Industrial Classification Manual, 1987”, published by the Executive 

Office of the President, Office of Management and Budget, and no future editions or amendments.

d. EPA Publication No. AP-42, 1995, “Compilation of Air Pollutant Emission Factors,” Volume I: Stationary Point and Area 

Sources, Fifth Edition, including Supplements A, B, C, D, E, F, Updates 2001, 2002, 2003, and 2004 and all updates as of 

July 1, 2014July 1, 2015, and no future editions or amendments.

e. EPA guidance document “Guidelines for Determining Capture Efficiency”, January 9, 1995, and no future editions or 

124–68–5 2-amino-2- methyl-1-propanol (AMP) 

163702-08-7 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3); 

163702-06-5 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5); 

754–12–1 2,3,3,3-tetrafluoropropene; 

2837-89-0 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

422-56-0 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 

297730-93-9 3-ethoxy- 1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500); 

67-64-1 acetone; 

75-45-6 chlorodifluoromethane (HCFC-22); 

593?70?4 chlorofluoromethane (HCFC-31); 

76?15?3 chloropentafluoroethane (CFC-115); 

0 cyclic, branched, or linear completely methylated siloxanes; 

75?71?8 dichlorodifluoromethane (CFC-12); 

95508?16?0 difluoromethane (HFC-32); 

616-38-6 dimethyl carbonate; 

74-84-0 ethane; 

95508-16-0 ethylfluoride (HFC-161); 

188690-78-0 HCF2OCF2CF2OCF2H (HFE-338pcc13); 

1691-17-4 HCF2OCF2H (HFE-134); 

188690-77-9 HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); 

78522-47-1 HCF2OCF2OCF2H (HFE-236cal2);

72-84-8 methane; 

79-20-9 methyl acetate; 

107-33-3 methyl formate (HCOOCH3); 

75-09-2 methylene chloride (dichloromethane); 

98-56-6 parachlorobenzotrifluoride (PCBTF);

354-33-6 pentafluoroethane (HFC-125); 

127-18-4 perchloroethylene (tetrachloroethylene); 

108-32-7 propylene carbonate; 

102687–65–0 trans 1-chloro-3,3,3-trifluoroprop-1-ene (SolsticeTM 1233zd(E)

29118-24-9 trans-1,3,3,3-tetrafluoropropene; 

75?69?4 trichlorofluoromethane (CFC-11); 

75-46-7 trifluoromethane (HFC-23); 

0 and perfluorocarbon compounds which fall into these classes: 

(i) Cyclic, branched, or linear, completely fluorinated alkanes;

(ii) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

(iii) Cyclic, branched, or linear, completely fluorinated tertiary amines with no 

unsaturations; and

(iv) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only 

to carbon and fluorine.
County Notices According to A.R.S. § 49-112

1302 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

amendments.

f. 2002 US NAICS Manual, “North American Industry Classification System United States”, National Technical Information 

Service, US Census Bureau, 2002, and no future editions or amendments.

4. The following federal regulations located in Title 40, Code of Federal Regulations (CFR) are approved for use as directed by the 

department under the Maricopa County Air Pollution Control Regulations. These standards are incorporated by reference as of 

July 1, 2014July 1, 2015, and no future editions or amendments.

a. The Consolidated Emissions Reporting Rule Air Emissions Reporting Requirements in 40 CFR 51, Subpart A, Appendix 

A, Table 2A.

b. 40 CFR 75. Attainment and Nonattainment Area Designations: 40 CFR 81.303 as amended as of July 1, 2010 (and no 

future amendments or editions) is incorporated by reference as an applicable requirements and on file with the Maricopa 

County Air Quality Department, as described below and is available from the U.S. Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

Availability of Information: Copies of these incorporated materials are available electronically at: ecfr.gpoaccess.gov http://

www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR; at the Maricopa County Air Quality Department, 1001 

N. Central Ave, Suite 125, Phoenix, AZ, 85004. ASTM standards are available from ASTM International, 100 Barr Harbor 

Drive, P.O. Box C700, West Conshohocken, PA 19428, or from its website at www.astm.org.

NOTICE OF PROPOSED RULEMAKING

MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS

[M15-174]

PREAMBLE

AQ-2013-005-NEW SOURCE REVIEW

1. Rules affected Rulemaking action

Rule 100: General Provisions and Definitions Amend

Rule 200: Permit Requirements Amend

Rule 210: Title V Permit Provisions Amend

Rule 220: Non-Title V Permit Provisions Amend

Rule 230: General Permits Amend

Rule 240: Permit Requirements For New Major Sources

and Major Modifications to Existing Sources Amend

Rule 241: Permits for New Sources and Modifications to

Existing Sources Amend

Rule 500: Attainment Area Classification Amend

Rule 510: Air Quality Standards Amend

Rule 600: Emergency Episodes Amend

Appendix D: List of Insignificant Activities Repeal

Appendix E: List of Trivial Activities Repeal

2. Statutory authority for the rulemaking:

Authorizing statutes: C.F.R. 4825-1, January 2, 1994 (F.R Doc. 94-802 Filed 01-11-94)

A.R.S. §§ 49-474, 49-479, and 49-480

Implementing statute: A.R.S. § 49-112

3. List of all previous notices appearing in the register addressing the proposed rule:

Not applicable

4. The name and address of department personnel with whom persons may communicate regarding the rulemaking:

Name: Kathleen Sommer

Maricopa County Air Quality Department

Planning and Analysis Division

Address: 1001 N. Central Ave., Suite 125

Phoenix, AZ 85004

Telephone: (602) 506-6010

Fax: (602) 506-6179

E-Mail: aqplanning@mail.maricopa.gov

5. An explanation of the rule, including the agency’s reasons for initiating the rulemaking:

Summary:
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County Notices According to A.R.S. § 49-112

The purpose of this rulemaking is to update the Maricopa County Air Quality Department’s (department’s) New Source Review 

(NSR) rules in order to secure their approval as part of the state implementation plan (SIP) under the federal Clean Air Act. The 

update will be consistent with revisions the Arizona Department of Environmental Quality (ADEQ) and the U.S. Environmental Protection Agency (EPA) made to the NSR Program required by the federal Clean Air Act (CAA).

The proposed amendments included in the rulemaking consist of extensive revisions to the county’s major NSR program as well as 

new NSR requirements for minor sources and minor modifications designed to protect the national ambient air quality standards 

(NAAQS). (Whether a source or modification is major or minor depends on the level of emissions, as described in greater detail 

below.)

There is currently a significant discrepancy, known as the “SIP gap,” between the NSR rules as set forth in the Maricopa County Air 

Pollution Control Regulations and the rules that have been approved by the EPA into the Maricopa County portion of the Arizona 

SIP. Once approved, the amended rules will eliminate the SIP gap.

This rulemaking also includes proposed conforming and technical changes to rules related to NSR, such as requirements for the general permit program.

Background:

Clean Air Act NSR Requirements

Section 110(a)(2)(C) of the federal Clean Air Act (the “Act” or “CAA”), 42 U.S.C. 7410(a)(2)(C), requires SIPs to:

include a program to provide for the ... regulation of the modification and construction of any stationary source within the areas 

covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program

as required in parts C and D of this subchapter ... .

Because regulations adopted under this section apply to newly constructed and modified, as opposed to existing, sources they are 

commonly referred to as “new source review” programs.

Part C of title I of the Act, 42 U.S.C. 7470-7492, establishes the NSR requirements for major sources that are constructed or modified 

in areas that have attained the NAAQS for one or more criteria pollutants (ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide, 

PM10, PM2.5 and lead). Sources that belong to the list of categories set forth in section 169(1) of the Act, 42 U.S.C. 7479(1), are 

major if they emit or have the potential to emit 100 or more tons per year of a regulated air pollutant. Other sources are subject to a 

250 tons per year threshold.

The program required by Part C is known as “Prevention of Significant Deterioration” (PSD) because its purpose is to prevent air 

quality in attainment areas from deteriorating to the level of the NAAQS. See CAA § 160. PSD, therefore, establishes or requires 

EPA to establish maximum allowable increases, known as “increments,” over existing concentrations of criteria pollutants and 

requires permit applicants subject to PSD to demonstrate that a new source or modification’s emissions will not result in a violation 

of the increments or the NAAQS. PSD also requires the installation of the Best Available Control Technology (BACT), defined as 

“the maximum degree of reduction of each pollutant subject to regulation under this chapter emitted from or which results from any 

major emitting facility, which the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such facility.” 42 U.S.C. 7479(3).

Part D of Title I establishes NSR requirements for major sources and modifications in nonattainment areas. Under Subpart 1 of Part 

D, 42 U.S.C. 7501-7509a, a major source is defined as any source that emits or has the potential to emit 100 tons per year or more of 

a pollutant for which an area has been designated nonattainment. Subpart 2 of Part D, 42 U.S.C. 7511-7511f, establishes lower major 

source thresholds for certain ozone, carbon monoxide and PM10 nonattainment areas.

Permit applicants subject to Part D must demonstrate that a major source or modification will comply with the lowest achievable

emission rate (LAER) and that reductions in emissions from the same source or other sources will offset any emissions increases

from the source or modification.

In addition to requiring compliance with the specific major NSR requirements of Parts C and D, section 110(a)(2)(C), 7410(a)(2)(C), 

requires “regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to 

assure that national ambient air quality standards are achieved.” (Emphasis added.) EPA refers to 110(a)(2)(C) programs that apply to 

non-major sources and to minor modifications to major sources as “minor NSR.” 76 Fed. Reg. 38748, 38752 (July 1, 2011).

EPA NSR Regulations

EPA has promulgated regulations establishing the elements a state program must contain to satisfy section 110(a)(2)(C) at 40 CFR 

51, Subpart I (§§ 51.160-51.166) and federal implementation plans at 40 CFR 52 § 52.21 and 40 CFR 51, Appendix S.

Sections 51.165 and 51.166 establish the requirements for nonattainment NSR and PSD programs, respectively. These rules are 
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1304 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

highly detailed and restrictive. States seeking approval of major NSR programs must either strictly conform to these rules or demonstrate that any deviations are at least as stringent as EPA’s program.

Both § 51.165 and 51.166 limit the applicability of major NSR to the construction of a new major source or a “major modification” to 

a major source. A major modification is defined as a physical or operational change that will result in both a significant increase and 

a significant net increase in the emissions of a regulated NSR pollutant.

For criteria pollutants and their precursors, “significant” is defined as:

Carbon monoxide 100 tons per year (tpy)

Nitrogen oxides 40 tpy

Sulfur dioxide 40 tpy

Volatile organic compounds 40 tpy

Lead 0.6 tpy

PM10 15 tpy

PM2.5 10 tpy

As EPA has noted, the “Federal regulations for minor source programs [at 40 CFR 51.160-164] are considerably less detailed than the 

requirements for major sources.” 71 Fed. Reg. 48696, 48700 (Aug. 21, 2006). Under the minor NSR regulations, a state program 

must contain “legally enforceable procedures” to prevent the construction or modification of a minor source if it will “result in a violation of applicable portions of the control strategy” for compliance with the NAAQS or “interfere with the attainment or maintenance of a” NAAQS. 40 CFR 51.160.

A minor NSR program need not apply to all new and modified sources, but it must “identify types and sizes of facilities, buildings, 

structures, or installations which will be subject to” minor NSR and “discuss the basis for determining which facilities will be subject 

to review.” 40 CFR 51.161(e). As EPA has noted:

Applicability thresholds are proper in [a minor NSR program] provided that the sources and modifications with emissions below 

the thresholds are inconsequential to attainment and maintenance of the NAAQS. 71 Fed. Reg. 48701.

The appropriate threshold levels for NSR applicability are often referred to as “de minimis” levels. The program must allow a minimum 30-day period to comment on the applicant’s minor NSR application and the agency’s proposed decision. 40 CFR 51.161.

Maricopa County’s NSR SIP and Current NSR Rules

Before the department’s creation in 2004, Maricopa County’s Bureau of Air Pollution Control was responsible for administering 

Maricopa County’s air quality program and the Board of Supervisors adopted its original major and minor NSR rules. Maricopa 

County implemented NSR through an installation permit program, which required owners and operators to obtain an installation permit before beginning construction of a new source or a modification to an existing source. See former Maricopa County Bureau of

Air Pollution Control Regulation Rule 21, which, along with other rules cited in this discussion, can be found at EPA Region 9’s web 

site at: http://www2.epa.gov/aboutepa/epa-region-9-pacific-southwest. A separate operating permit was required before the owner or 

operator was allowed to begin operation of the source or modification. See former Rule 220 Permits to Operate.

In 1988, EPA approved the Maricopa County nonattainment NSR provisions into the SIP. 53 Fed. Reg. 30220 (Aug. 10, 1988). 

Effective November 22,1993, EPA delegated PSD authority to Maricopa County via a PSD Delegation Agreement. 59 FR 1730 (January 12, 1994).

The SIP Gap

EPA last approved revisions to the Maricopa County NSR SIP in 1988. See 53 Fed. Reg. 30220 (Aug. 10, 1988). Since the amendments last approved by EPA were adopted, the county has re-organized forming the Maricopa County Air Quality Department and 

has made substantial revisions to the program.

Most significantly, in 1992 through 1993, the Arizona State adopted legislation, followed by conforming rule amendments, to move 

from the old installation and operating permit program to a “unitary” program that authorizes both construction and operation in a 

single permit. NSR requirements for new sources are now enforced as part of the issuance of a single permit that also ensures compliance with all other applicable requirements of state and federal air quality laws. For major sources, these permits are designed to comply with title V of the Act, as well as Parts C and D of title I. Major modifications subject to major NSR now require a significant 

revision to the permit for an existing source, rather than a new installation permit. Other modifications that formerly required an 

installation permit may now proceed under either a significant or minor permit revision.
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County Notices According to A.R.S. § 49-112

In addition to adopting the unitary permit program, Maricopa County also has updated its NSR rules to incorporate:

- the PM10 and PM2.5 NAAQS,

- the PM10 increments,

- the nitrogen dioxide increments,

- the 1997 eight-hour ozone NAAQS,

- the “WEPCO” rule redefining the method for determining whether a modification to an electric generating unit is major, 

and

- various technical amendments.

None of these changes is included in the approved NSR SIP for Maricopa County.

Under federal law, Maricopa County remains obligated to continue enforcing the old NSR program until EPA approves the new one. 

Fortunately, the new program is in most cases more stringent than the old, so that compliance with current rules is largely sufficient to 

assure compliance with the approved NSR SIP. There are a few instances, however, in which the old rules require review procedures 

that go beyond the current program. Maricopa County has had to issue guidance explaining that in these cases the department will 

apply the approved SIP, rather than the current rules.

It would obviously be preferable for the requirements of the SIP and the current rules to match. Maricopa County is, therefore, seeking through these proposed rule amendments to eliminate the SIP gap for the permit program.

EPA Amendments to Major NSR

Maricopa County has attempted to secure EPA approval of prior versions of its NSR rules, but so far without success. Since Maricopa 

County last updated its NSR rules, EPA has adopted substantial revisions to the major NSR program, making additional amendments

necessary before approval by EPA can be secured.

Most significantly, on December 31, 2002, EPA promulgated comprehensive amendments, known as “NSR reform,” to the regulatory methods for determining whether a major modification has occurred. 67 Fed. Reg. 80186. On June 24, 2005, the United States

Court of Appeals for the D.C. Circuit vacated some of the rule changes, including exemptions for modifications to certain “clean 

units” and modifications that qualify as “pollution control projects.” New York v. EPA, 413 F.3d 3 (D.C. Cir 2005). The remaining 

rules, which remain in effect, consist of changes to the method for calculating the emissions increase from a modification to an existing emissions unit and provisions for “Plantwide Applicability Limits” (PALs).

The determination of whether a modification to an existing unit will result in a significant emissions increase entails a comparison 

between “baseline” (i.e. existing) emissions and future emissions after the modification is complete. (The installation of a new unit is 

generally deemed to result in an increase equal to the unit’s potential to emit.) NSR reform established a new method for determining 

baseline emissions and a new option for determining future emissions for modifications to existing units.

Under pre-NSR Reform rules, baseline emissions were generally calculated using the actual emissions for the two-year period immediately preceding the proposed change. 67 Fed. Reg. 80188. As EPA has noted, regulated industries complained that this method provided only “limited ability to consider the operational fluctuations associated with normal business cycles.” 67 Fed. Reg. 80191. The 

NSR Reform amendments therefore allow the use of any consecutive 24-month period during the ten-year period prior to the change

to establish baseline actual emissions. (A five- year period is used for EGUs.)

Before NSR Reform, an existing unit’s future, post-modification emissions were normally deemed to equal the unit’s potential to

emit (PTE). The definition of PTE assumes that a unit “will operate at its full capacity year round,” unless the source’s permit 

includes “enforceable restrictions on the unit’s operation.” This was problematic, because “using PTE as a measure of post-change 

emissions automatically attributes all possible emissions increases to the change.” In many cases, however, the unit might “function 

essentially as it did before the change” and produce no increase or a less-than-significant increase in actual emissions. 67 Fed. Reg. 

80193-94.

After NSR Reform, a source’s owner or operator may now elect to use an existing unit’s “projected actual emissions,” rather than its 

PTE, to determine future emissions. Unlike PTE, a unit’s projected actual emissions take into account historical operational data and 

exclude emissions that could have been accommodated before the modification.

According to EPA, this new test for calculating the emissions increase from a modification to an existing unit, known as the “actualto-projected-actual” test, will produce benefits for regulated industries, the environment and state and local agencies:

By allowing you [i.e., regulated entities] to use today’s new version of the actual-to-projected-actual applicability test to evaluate modified existing emissions units, we expect that fewer projects will trigger the major NSR permitting requirements. None-
County Notices According to A.R.S. § 49-112

1306 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

theless, we believe that the environment will not be adversely affected by these changes and in some respects will benefit from

these changes. The new test will remove disincentives that discourage sources from making the types of changes that improve 

operating efficiency, implement pollution prevention projects, and result in other environmentally beneficial changes. Moreover, 

the end result is that State and local reviewing authorities can appropriately focus their limited resources on those activities that 

could cause real and significant increases in pollution. 67 Fed. Reg. 80192.

The NSR Reform rule also provides that if there is a “reasonable possibility” that modifications to existing emissions units will produce a significant emissions increase of a regulated NSR pollutant, and the owner or operator elects to use the actual-to-projectedactual test, the modifications will be subject to monitoring, recordkeeping and reporting obligations.

The initial NSR Reform rule did not define “reasonable possibility.” The court in New York v. EPA held that without a definition or 

other clarification, the rule failed to provide regulated entities or agencies adequate notice of when these obligations are triggered. In 

response, EPA issued amendments to its major NSR rules defining the term. 72 Fed. Reg. 72607 (Dec. 12, 2007). Although EPA subsequently granted a petition to reconsider the definition, it did not stay the provision, which therefore remains in effect.

The other major element of NSR Reform is the PAL, which allows major sources to avoid major NSR by accepting and complying 

with a source-wide cap on emissions. PALs are set for each regulated NSR pollutant at a level equal to baseline actual emissions plus 

the significant level for the pollutant. Baseline actual emissions are calculated in the same way as described above for calculating 

emission increases from modifications to existing emission units. A source may generally make any changes it wants without triggering major NSR, so long as plantwide emissions after the change remain below the PAL. PALs last for ten years and are renewable.

EPA believes that regulated entities “will benefit from the PAL option because [they] will have increased operational flexibility and 

regulatory certainty, a simpler NSR applicability approach, and fewer administrative burdens.” 67 Fed. Reg. 80206. Based on a 

review of six flexible permit pilot projects, EPA concluded that the environment would also benefit. According to the agency, “PALs 

will over time tend to shift growth in emissions to cleaner units, because the growth will have to be accommodated under the PAL 

cap.” 67 Fed. Reg. 80207.

Since the last Maricopa County update, EPA also has made numerous revisions to the NAAQS. The NAAQS are not technically part 

of EPA’s NSR regulations, but in order to be approvable, a state NSR program must allow for enforcement of the current version of 

these standards. See, e.g., 40 CFR 51.166(k)(1). Maricopa County must also update Rule 510 to reflect the revised NAAQS.

Finally, EPA has made numerous other revisions that must be included in the Maricopa County program, such as the adoption of 

PM2.5 increments and significant impact levels and significant monitoring concentrations for PM2.5.

Discussion About This Rulemaking:

Consistent with the Maricopa County obligation under A.R.S. § 49-480(B), the department is proposing to adopt NSR amendments

that are substantially identical to the ADEQ and EPA NSR programs for major sources and amendments that generally impose no

greater procedural burden than ADEQ’s procedures for minor sources. However, due to long-standing nonattainment area federal

requirements, Maricopa County’s permitting thresholds are lower than ADEQ’s permitting thresholds. Under A.R.S. § 49-479(C), a

county may not adopt a rule or ordinance that is more stringent than the rules adopted by ADEQ for similar sources unless it demonstrates compliance with the applicable requirements of A.R.S. §49-112. Under § 49-112(A), the county may adopt a rule that is more

stringent than or in addition to a provision of A.R.S. Title 49 or an ADEQ rule under specific conditions including peculiar local conditions, necessary to prevent a significant threat to public health or environment, or required under a federal statute or regulation. A

further discussion of compliance with A.R.S. §49-112 can be found in Item 6 of this Notice of Proposed Rulemaking.

Revisions to Maricopa County Major NSR Program

EPA’s major NSR regulations are quite detailed and restrictive. They establish a specific body of “corresponding federal law that 

addresses the same subject matter” as the major NSR amendments. The amendments included in the ADEQ-NSR rulemaking consisted of those required under HB 26171

 and ensured that the major NSR program amendments were consistent with and no more 

1. HB 2617 which became law on July 29, 2010, required that ADEQ as set forth in A.R.S. § 49-104(A):

17. Unless specifically authorized by the legislature, [the department shall] ensure that state laws, rules, standards, permits, 

variances and orders are adopted and construed to be consistent with and no more stringent than the corresponding federal 

law that addresses the same subject matter. This provision shall not be construed to adversely affect standards adopted by an 

Indian tribe under federal law.

Laws 2010, Ch. 309, § 14.
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County Notices According to A.R.S. § 49-112

stringent than the corresponding EPA regulations. Consistent with that obligation, Maricopa County is proposing to adopt major NSR 

amendments that incorporate by reference most of the federal rules. Incorporation by reference will result in rules substantially identical to the ADEQ rulemaking described above. Specifically, these proposed provisions will eliminate a provision from the existing 

definition of major source because it was more stringent than the corresponding federal definition. In addition, the incorporation by 

reference of the federal definitions would be substantially identical to the sense, meaning, and effect of ADEQ’s definitions as 

required by A.R.S. § 49-471.08(B).

Maricopa County Minor NSR Requirements

The proposed rule amendments relating to minor NSR included in this rulemaking are designed to address a lack of explicit procedures designed “to assure that national ambient air quality standards are achieved,” as required by CAA § 110(a)(2)(C). Maricopa 

County’s current minor source permitting rules require the inclusion of “[e]nforceable emission limitations and standards, including 

operational requirements and limitations that ensure compliance with all applicable requirements.” Rule 220, Section 302.2. They 

therefore satisfy the requirement in EPA’s minor NSR rules to assure that minor sources do not violate “applicable portions of the 

control strategy.” Another proposed revision adds procedures related to stack heights, including good engineering practice (GEP) 

stack height provisions as required by 40 CFR 51.164 in Rule 200. MCAQD does not believe that many, if any, minor sources will

trigger the stack height requirements.

Maricopa County's permit rules for minor NSR impose no greater procedural burden than procedures for the review, issuance, revision and administration of permits issued by the State. However, Maricopa County's rules and procedures contain requirements specific to nonattainment area status, increment consumption analysis and impacts on nearby nonattainment areas. These requirements 

result in permit conditions that address the source's proximity to the PM10 and ozone nonattainment areas, specific atmospheric and 

geographical conditions found at the source's location, control technology provisions required by the CAA for nonattainment areas, 

and other control measures adopted into various nonattainment SIPs for Maricopa County. Specifically, various SIPs for Maricopa

County have required the adoption of reasonably available control technology (RACT), best available control technology (BACT), 

and most stringent measures (MSM) as required by CAA §§ 172, 182, 188, and 189. 

As a result of long-standing nonattainment classifications for ozone and particulates, Maricopa County has existing permit thresholds 

that are lower than ADEQ’s in order to address the emissions sources specific to the county that contribute to nonattainment and are 

subject to the county’s numerous source-specific emission control rules. In this action, the county proposes to maintain the current 

permit threshold but convert all thresholds from pounds per day to tons per year. The permit thresholds are proposed to be:

Given the lower permit thresholds and the number of source-specific emission control rules in place to address county nonattainment 

areas, Maricopa County also proposes to define permit thresholds that would trigger minor NSR modifications as follows:

Pollutant Uncontrolled Emission Rate

In Tons Per Year (TPY)

PM2.5 (primary emissions only; levels for precursors are set below) 0.5

PM10 0.5

SO2 1.0

NOx 1.0

VOC 0.5

CO 1.0

Pb 0.3

Single HAP (other than Pb) 0.5

Total HAPs 1.0

Any other regulated air pollutant 1.0
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1308 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

The county also has different existing public review procedures than ADEQ due to these circumstances. The county procedures were 

adopted in March 2000 following a Stakeholder process with input from both regulated sources and non-governmental organizations. 

The county procedures require the following:

- Posting the receipt of all applications on the department’s website once a week as they are received, 

- Allowing the public to request a public hearing on any application posted to the website at any time after the initial post, 

- Providing a formal 30-day public notice published in the newspaper and posted online for larger, more environmentally significant sources, and

- Once a month, publishing in a newspaper and posting online a list of permits issued that month. 

In this rulemaking, the department also proposes to convert the public participation thresholds to the following tons per year bases 

from the current triggers that rely on Rule 280 fee tables:

Proposed Amendments to Match Rule Language Found In ADEQ’s NSR Rules:

The department is proposing amendments in the following rules to match rule language found in ADEQ’s NSR rules: Rule 210 (Title

V Permit Provisions), Rule 220 (Non-Title V Permit Provisions), Rule 241 (proposed new title: Minor New Source Review (NSR)), 

Rule 500 (Attainment Area Classification), and Rule 510 (Air Quality Standards).

The following sections in Rule 210 are proposed to be revised:

- Section 200 (Definitions-Introductory Statement): To clarify the applicability of definitions specific to Rule 210 and to Rule 100 

(General Provisions And Definitions).

- Section 301.2 (Standard Application Form and Required Information): To add text re: a timely application for a source that 

becomes subject to the permit program as a result of a change in regulation in response to Stakeholder and EPA concerns. To 

delete text re: a timely application for the initial Phase II acid rain requirement in response to Stakeholder and EPA concerns.

- Sections 301.8(b)(3) and (5) (Action on Application): To add timeframe for EPA (the Administrator) to act on a permit application that is required to be submitted to the EPA (the Administrator) in response to Stakeholder and EPA concerns.

- Sections 301.8(f) and (h) (Action on Application): To delete text re: the acid rain program in response to Stakeholder and EPA

concerns. To delete text re: the publishing of a proposed permit decision within nine months of receipt of a complete application 

in response to Stakeholder and EPA concerns.

- Section 301.9 (Requirement for a Permit): To add text re: the source’s obligation to obtain a permit revision before making a 

modification to the source in response to Stakeholder and EPA concerns.

- Section 403.1 (Source Changes Allowed Without Permit Revisions): To add additional gatekeeper for changes eligible for minor 

Pollutant Uncontrolled Emission Rate

In Tons Per Year (TPY)

PM2.5 (primary emissions only; levels for precursors are set below) 5.0

PM10 5.0

SO2 5.0

NOx 5.0

VOC 5.0

CO 5.0

Pb 0.3

Pollutant Public Notice Threshold TPY

(New Or Permit Renewals)

Public Notice Threshold TPY

(PTE To PTE Emission Increase)

VOC 25 25

NOx 25 25

SO2 25 25

PM10 7.5 7.5

PM2.5 (primary emissions only; levels 

for precursors are set above) 5.0 5.0

CO 50 50

Pb 0.3 0.3

Any Single HAP 5.0 5.0

Total HAPs 12.5 12.5
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permit revision.

- Section 403.8 (Source Changes Allowed Without Permit Revisions): To delete text re: the Control Officer requiring a permit to 

be revised (outdated provision); is addressed in Section 405.8.

- Section 406.6 (Significant Permit Revisions): To delete text re: the Control Officer processing the majority of significant permit 

revision applications within nine months of receipt (outdated provision).

- Sections 408.2 and 408.7 (Public Participation): To add text re: the Control Officer providing public notice of receipt of complete applications for major modifications to major sources. To add text re: the Control Officer providing at least 30 days from 

the date of the first notice for public comment to receive comments and requests for a hearing. To add text re: the Control Officer 

making available responses at the time a final proposed permit is submitted to the EPA.

The following sections in Rule 220 are proposed to be revised:

- Sections 301.3(a) and (b) (A Timely Permit Application): To clarify what a timely permit application is for a source that 

becomes subject to the permit program as a result of a change in the regulation in response to Stakeholder and EPA concerns.

- Section 301.6(b)(4) (Action on Application): To add timeframe for EPA (the Administrator) to act on a permit application that is 

required to be submitted to the EPA (the Administrator) in response to Stakeholder and EPA concerns.

- Section 301.7 (Permit Application Processing Procedures): To add text re: the source’s obligation to obtain a permit revision 

before making a modification to the source in response to Stakeholder and EPA concerns.

- Sections 407.1, 407.2, and 407.3 (Public Participation): To clarify when the Control Officer must provide public notice and an

opportunity for public comment and what permit applications must be published on the Internet and what permit applications 

must be published in a newspaper.

- Section 407.7 (Public Participation): The department already satisfies this requirement of providing notice for changes requiring 

non-minor permit revisions to make a change in fuel, to make a change that relaxes monitoring, and to make a change that will 

require case-by-case determinations for a monitoring requirement by publishing a notice in the newspaper and on the department’s website.

The following sections in Rule 241 are proposed to be revised:

- Section 301.1 (Best Available Control Technology (BACT) Required): To delete lbs/day threshold limits.

- Section 301.2 (Best Available Control Technology (BACT) Required): To delete lbs/day threshold limits.

- Section 302 (Reasonably Available Control Technology (RACT)): To delete lbs/day threshold limits.

The following section in Rule 500 is proposed to be revised:

- Section 302 (Limitation of Pollutants in Classified Attainment Areas): To add PM2.5 increments adopted by ADEQ and the 

EPA.

The following sections in Rule 510 are proposed to be revised:

- Section 200 (Definitions-Introductory Statement): To clarify the applicability of definitions specific to Rule 510 and to Rule 100 

(General Provisions And Definitions).

- Section 301 (Standards-Particulate Matter-2.5 Microns of Less (PM2.5)): To update particulate matter ambient air quality standards to reflect latest ADEQ and EPA revisions.

- Section 302 (Standards-Particulate Matter-10 Microns of Less (PM10)): To update particulate matter ambient air quality standards to reflect latest ADEQ and EPA revisions. To delete annual PM10 standard to reflect latest ADEQ revisions, which were 

made as required by House Bill 2617.

- Sections 303.1(c) and (d) (Primary Ambient Air Quality Standards for Sulfur Oxides (Measured as Sulfur Dioxide)): To update 

sulfur dioxide ambient air quality standards to reflect latest ADEQ and EPA revisions.

- Section 304 (Ozone): To update ozone ambient air quality standards to reflect latest ADEQ and EPA revisions.

- Section 306 (Nitrogen Oxides (Nitrogen Dioxide)): To update nitrogen dioxide ambient air quality standards to reflect latest 

ADEQ and EPA revisions.

- Section 307 (Lead): To update lead ambient air quality standards to reflect latest ADEQ and EPA revisions.

- Section 308 (Pollutant Concentration Determinations): To update pollutant concentration measurement methods.
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1310 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

Major NSR:

The department is proposing to incorporate portions of the federal nonattainment NSR rule requirements into Maricopa County Air

Pollution Control Regulations Rule 240 by incorporating the federal requirements by reference. The proposed amendments to the 

department’s major NSR program include:

- The determination of whether a modification to an existing unit will result in a significant emissions increase, which entails a comparison between “baseline”, i.e., existing, emissions and future emissions after the modification is complete.

- The allowance of the use of any consecutive 24-month period during the ten-year period prior to the change to establish baseline 

actual emissions (a five-year period for electric generating units).

- The allowance to use an existing unit’s “projected actual emissions,” rather than its potential to emit (PTE), to determine future 

emissions. Unlike PTE, a unit’s projected actual emissions take into account historical operational data and exclude emissions 

that could have been accommodated before the modification. This new test for calculating the emissions increase from a modification to an existing unit, known as the “actual-to-projected” test, will produce benefits for regulated industries, the environment 

and state and local agencies. If there is a “reasonable possibility” that modifications to existing emissions units will produce a 

significant emissions increase of a regulated NSR pollutant and the owner or operator elects to use the actual-to-projected-actual 

test, the modifications will be subject to monitoring, recordkeeping and reporting obligations.

- Plantwide applicability limitations (PALs). PALs allow major sources to avoid major NSR by accepting and complying with a 

source-wide cap on emissions. PALs are set for each regulated NSR pollutant at a level equal to baseline actual emissions plus 

the significant level for the pollutant. A source may generally make any change it wants without triggering major NSR, so long 

as plantwide emissions after the change remain below the PAL. PALs last for ten years and are renewable.

- The allowance of limited interpollutant emission offsets for precursor pollutants on a case by case basis, except for PM10 and PM2.5. 

Any interpollutant emission offsets used at a major stationary source must receive written approval by EPA. As EPA has 

approved a demonstration that PM10 precursors do not contribute significantly to PM10 violations in Maricopa County (67 FR 

48734, July 25, 2002), interpollutant offsets are not allowed between PM10 and PM10 precursors. In addition, interpollutant offsets between PM2.5 and PM2.5 precursors are not allowed unless modeling has been used to demonstrate appropriate PM2.5 interpollutant offset ratios as approved in a PM2.5 Attainment Plan.

Minor NSR:

The department is proposing amendments in the following rules to address Minor NSR: Rule 200 (Permit Requirements), Rule 220 

(Non-Title V Permit Provisions), Rule 230 (General Permits), Rule 241 (proposed new title: Minor New Source Review (NSR)), 

Appendix D (List Of Insignificant Activities), and Appendix E (List Of Trivial Activities). The amendments include the following:

- Retention of existing permitting exemption thresholds but conversion of default emission-based provision from lbs/day to an 

annual quantity.

- Use the emission-based thresholds for minor NSR modification threshold:

 Current permitting thresholds are proposed to be retained. Current permitting thresholds are for any regulated air pollutant: 

CO, NOx, SOx (measured as SO2), ozone, VOC, particulates, air contaminant subject to New Source Performance Standard 

(NSPS)), and HAPs. Current permitting thresholds are: VOC-0.5 tons per year (tpy); CO-1.0 tpy; NO2 or NOx-1.0 tpy; 

SO2-1.0 tpy; lead (Pb)-0.3tpy; PM10-0.5 tpy.

 Definitions are proposed to be added to Rule 100. “Minor NSR modification” is a new term and is similar to ADEQ’s definition of “permitting exemption threshold”. “Permitting threshold” is a new term but includes the current permitting thresholds. “Public notice threshold” is a new term; thresholds are lower than significance levels. “Regulated minor NSR 

pollutant” and “Regulated NSR pollutant” are new terms and are similar to ADEQ’s terms/definitions.

- Retention of Best Available Control Technology (BACT) and Reasonably Available Control Technology (RACT) control technology requirements in Rule 241.

- Requirement of an air quality impact assessment if there is reason to believe emissions resulting from a new or modified source 

undergoing Minor NSR might cause or contribute to an exceedance of the NAAQS.

- Retention of the current alternative forms of public participation for smaller minor sources and small modifications that will not 

require formal publication of a notice in a newspaper.

The amendements proposed by this rulemaking update the department’s New Source Review (NSR) rules, clarify requirements, and 
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County Notices According to A.R.S. § 49-112

provide compliance with the Federal NSR program Section 110(a) (2) (C) of the federal Clean Air Act (CAA).

6. Demonstration of compliance with A.R.S. § 49-112:

Under A.R.S. § 49-479(C), a county may not adopt a rule or ordinance that is more stringent than the rules adopted by the Director of 

the Arizona Department of Environmental Quality (ADEQ) for similar sources unless it demonstrates compliance with the applicable 

requirements of A.R.S. §49-112.

§ 49-112 County regulation; standards

§ 49-112(A)

When authorized by law, a county may adopt a rule, ordinance or other regulation that is more stringent than or in addition to a provision of this title or rule adopted by the director or any board or commission authorized to adopt rules pursuant to this title if all of the

following conditions are met:

1. The rule, ordinance or other regulation is necessary to address a peculiar local condition.

2. There is credible evidence that the rule, ordinance or other regulation is either;

(a) Necessary to prevent a significant threat to public health or the environment that results from a peculiar local condition and

is technically and economically feasible.

(b) Required under a federal statute or regulation, or authorized pursuant to an intergovernmental agreement with the federal

government to enforce federal statutes or regulations if the county rule, ordinance or other regulation is equivalent to federal statutes or regulation.

3. Any fee or tax adopted under the rule, ordinance or other regulation will not exceed the reasonable costs of the county to issue

and administer that permit or plan approval program.

§ 49-112(B)

When authorized by law, a county may adopt rules, ordinances or other regulations in lieu of a state program that are as stringent as a

provision of this title or rule adopted by the director or any board or commission authorized to adopt rules pursuant to this title if the

county demonstrates that the cost of obtaining permits or other approvals from the county will approximately equal or be less than the

fee or cost of obtaining similar permits or approvals under this title or any rule adopted pursuant to this title. If the state has not

adopted a fee or tax for similar permits or approvals, the county may adopt a fee when authorized by law in the rule, ordinance or

other regulation that does not exceed the reasonable costs of the county to issue and administer that permit or plan approval program.

Maricopa County fails to meet the National Ambient Air Quality Standards for both ozone and particulates. While currently classified 

as a “marginal” ozone nonattainment area, the county recently failed to meet 2008 8-hour ozone standard by the marginal area attainment date and anticipates EPA will issue a notice proposing to re-classify the area to “moderate”. Further, a portion of the county 

was classified as a serious ozone nonattainment area under the previous 1-hour ozone standard requiring the county to continue to 

maintain the measures and requirements that allowed the county to attain that standard. Currently, a portion of Maricopa County and 

Apache Junction in Pinal County is designated serious nonattainment for the PM10 24-hour standard. This is the only serious PM10

nonattainment area in Arizona. Maricopa County's permit rules for these programs are substantially identical to or impose no greater 

procedural burden than procedures for the review, issuance, revision and administration of permits issued by the State. However, 

Maricopa County's rules and procedures contain requirements specific to nonattainment area status, increment consumption analysis 

and impacts on nearby nonattainment areas. These requirements result in permit conditions that address the source's proximity to the 

PM10 and ozone nonattainment areas and specific atmospheric, geographical conditions found at the source's location, and control 

technology provisions required by the CAA for nonattainment areas, and other control measures adopted into various nonattainment 

SIPs for Maricopa County. Specifically, various SIPs for Maricopa County have required the adoption of reasonably available control 

technology (RACT), best available control technology (BACT), and most stringent measures (MSM) as required by CAA §§ 172, 

182, 188, and 189.

The department complies with A.R.S. § 49-112 in that the proposed amendments to 1) the department’s major source NSR rules are 

not more stringent than or in addition to a provision of Title 49 or rule adopted by the director or any board or commission authorized 

to adopt rules pursuant to Title 49, 2) the department’s minor source rules address the peculiar local conditions in Maricopa County 

and address long-standing federal requirements for nonattainments areas, and 3) the proposed amendments to the department’s NSR

rules are authorized under A.R.S. Title 49, Chapter 3, Article 3 and consequently are not in lieu of a state program.

7. A reference to any study relevant to the rule that the agency reviewed and either proposes to rely on in its evaluation of or

justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis

of each study and other supporting material:

Not applicable
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1312 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

8. A showing of good cause why the rule is necessary to promote a statewide interest if the rule will diminish a previous grant of

authority of a political subdivision: Not applicable

9. The preliminary summary of the economic, small business, and consumer impact:

The following discussion addresses each of the elements required for an economic, small business and consumer impact statement (ESBCIS) as required by A.R.S. § 49-471.05 and prescribed in A.R.S. § 41-1055, subsections A, B and C.

The department welcomes interested parties to provide additional relevant information and documentation on the anticipated

costs and benefits resulting from the proposed rule revisions.

An identification of the rulemaking.

The rulemaking addressed by this ESBCIS is the adoption of amendments designed to bring the department’s New Source Review 

(NSR) rules into conformance with federal requirements for minor NSR and incorporate recent changes to EPA’s major NSR regulations. In particular, this ESBCIS covers amendments to the following existing rules and appendices: Rules 100, 200, 210, 220, 230, 

240, 241, 500, 510, 600, and Appendix D, E, and G. These rule changes are described in detail in Item 5 of this Notice of Proposed 

Rulemaking.

Two specific elements of the NSR amendments are addressed in the ESBCIS:

1. New and amended ambient standards that EPA has adopted since the department last amended Rule 510 and that may need to be 

addressed in New Source Review (NSR) and Prevention of Significant (PSD) applications and permitting decisions. Specifically: the 

more stringent annual and 24-hour National Ambient Air Quality Standards (NAAQS) for PM2.5, PM2.5 increments, the more stringent eight-hour NAAQS for ozone, the new one-hour NAAQS for sulfur dioxide and nitrogen dioxide. These changes may result in 

increased compliance costs for sources and minor increased administrative costs for the department.

2. NSR reform amendments. These changes will reduce compliance costs and will have a mixed effect on the department’s administrative costs.

The remaining changes to major NSR are technical in nature and should have little, if any, economic impact on the agency, businesses or consumers.

An identification of the persons who will be directly affected by, bear the costs of or directly benefit from the rulemaking.

In general terms, the persons who will be directly affected by and bear the costs of the proposed rulemaking will be businesses that 

construct or modify stationary sources that are subject to major or minor NSR. The emissions thresholds for sources and modifications subject to major and minor NSR are described in detail in Item 5 of this Notice of Proposed Rulemaking.

The types of business operations subject to the department’s major NSR program typically include natural gas-fueled power plants, 

petroleum products terminals, landfills, metal processing, and manufacturers of reinforced plastics, expandable foam, wood furniture, 

steel products, and aircraft engine and parts. Major sources tend to be large facilities operated by publicly owned corporations and 

employing hundreds or thousands of employees.

As discussed in Item 5 of this Notice of Proposed Rulemaking, major sources are potentially subject to minor as well as major NSR. 

Minor NSR may also apply to smaller business operations or operations that, although substantial in scale, tend to have emissions 

below the major source thresholds. These include rock quarrying and crushing operations, concrete batch plants, asphalt plants, semiconductor manufacturers, chemical manufacturers, crematories, dry cleaners, landfills, wood product manufacturers, commercial 

printers and publicly owned waste water treatment facilities.

The above list is not exhaustive. Any business that engages in pollutant emitting activities is potentially subject to NSR. Typical pollutant-emitting activities include fuel combustion to produce energy or as part of a process, the use of solvents, the application of surface coatings (such as paints and varnishes), the storage of fuels and other organic liquids and the handling of materials likely to give 

rise to airborne dust. Tailpipe emissions from mobile sources are not considered in determining NSR applicability.

A cost benefit analysis of the following:

(a) The probable costs and benefits to the implementing agency and other agencies directly affected by the implementation 

and enforcement of the rulemaking.

As required by A.R.S. § 49-480(D), the hourly rate for billable permit actions under Rule 280 (Fees) Sections 301.1 and 302.1 

has been set to reflect the department’s cost of processing permit applications (14 A.A.R. 1767, May 9, 2008). Therefore, in 

assessing the costs to the department of conducting the permitting and administrative activities required by this rule, the department has assumed that the cost per additional hour of employee time is equal to the current hourly rate of $150.00.

Major NSR

The department’s costs of implementing the additional major NSR requirements will likely be minimal. In fact implementation 

of NSR reform may result in a net cost savings for the department.
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One element of the major NSR amendments that will increase the department’s costs of administering the air quality permit program is the incorporation of the new ambient standards: the PM2.5 NAAQS and PM2.5 increments, the one-hour sulfur dioxide 

NAAQS and the one-hour nitrogen dioxide NAAQS. The air quality impact analysis for major NSR permit applications 

addressing these pollutants will be somewhat longer and more complex than under current rules and will therefore require additional review time by the department’s permit engineers. The ozone and lead NAAQS amendments, on the other hand, constitute 

an increase in the stringency of existing standards and should not result in any modeling or review time beyond that already 

required. The department has received and processed three major NSR applications in the past eight years. Most major NSR permit applications will require an air quality analysis for the new ambient standards. The department’s Permit Engineering Division estimates that the additional review time will range from five to ten hours. The total annual cost to the agency per year for 

the additional major NSR requirements will therefore range from $750.00 to $1,500.00 ($150.00 X 5 hours; $150.00 × 10 

hours). Under Rule 280 (Fees), Section 301.1, the permit applicant will ultimately be required to reimburse the department for

this cost as part of its permit fee.

The impact of NSR reform on the department’s air quality permitting costs is difficult to gauge. NSR reform includes elements 

that could either increase or reduce the costs of administering the major NSR program. The department believes that on balance,

the cost savings of NSR reform will outweigh whatever additional costs will be imposed. This is consistent with EPA’s conclusion that NSR reform would allow state permitting authorities to “focus their limited resources on those activities that could 

cause real and significant increases in pollution.” 67 Fed. Reg. 80186, 80192 (2002).

Minor NSR

The department’s Minor NSR as proposed would apply to all new sources with the potential to emit any regulated minor NSR 

pollutant in an amount equal to or greater than the permitting threshold defined in Rule 100 and not subject to major source 

requirements under Rule 240 and any existing permitted source that increases its potential to emit any regulated minor NSR pollutant in an amount equal to or greater than the minor NSR modification threshold (defined in Rule 100).

As discussed in Item 5 of this Notice of Proposed Rulemaking, the proposed amendments to change from daily to annual permitting threshold limits will enable less burdensome and streamlined record keeping requirements. The change to annual threshold 

limits from per day limits reduces the record keeping burden, particularly for small sources, who would be more likely than 

larger sources to have emissions that fall near the thresholds limits and would be required to maintain documentation of emissions levels.

Based on experience in administering the existing permit program, the department’s Permit Engineering Division estimates that 

it will process approximately 100 applications for permits or permit revisions subject to minor NSR per year. The Permit Engineering Division also estimates that on average the additional time for processing the minor NSR components (applicability and 

air quality impact analyses) of a permit or permit revision application will be 2 hours per application for SCREEN modeling for

ambient air quality assessment and 5 hours per application for reviewing refined modeling performed by the source. The Permit 

Engineering Division further estimates that the department will perform SCREEN modeling for the air quality impact assessment on approximately 95% of the permit applications and will review the refined modeling performed by the source on approximately 5% of the permit applications. Therefore, the department estimates the additional annual cost to the department for the

minor NSR components of a permit or permit revision will be approximately $33,750.00 (95 applications × 2 hours × $150.00 

per hour = $28,500.00) + (5 applications × 7 hours × $150.00 per hour = $5,250.00).

Additional Cost to the Department for NSR Amendments:

The estimated additional annual cost to the department for the NSR amendments is approximately $35,000.00:

$750.00 to $1,500.00 for additional major NSR costs + $33,750.00 for minor NSR costs = $34,500.00 to $35,250.00

Under Rule 280 (Fees), Sections 301.1 and 302.1, the permit applicant will ultimately be required to reimburse the department 

for this cost as part of its permit fee.

Other Agencies

Eighty-seven sources operated by state agencies require permits under the current program. They represent approximately 2% of 

all department-permitted sources. All of these state-operated sources will bear the same costs of compliance described in section 

(c) below for privately owned businesses.

(b) The probable costs and benefits to a political subdivision of this state directly affected by the implementation and 

enforcement of the rulemaking

Four-hundred forty sources operated by political subdivisions require permits under the current program. They represent approximately 10% of all department-permitted sources. All of these sources will bear the same costs of compliance described in sec-
County Notices According to A.R.S. § 49-112

1314 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

tion (c) below for privately owned businesses.

(c) The probable costs and benefits to businesses directly affected by the rulemaking, including any anticipated effect on the 

revenues or payroll expenditures of employers who are subject to the rulemaking.

Major NSR

As discussed in Item 5 of this Notice of Proposed Rulemaking, the amendments to the department’s major NSR rules are the 

minimum necessary to comply with federal requirements for the program. Even if the department failed to adopt these amendments, they would ultimately apply to major sources in Maricopa County either through the adoption of a federal implementation plan (FIP) by EPA under section 110(c) of the Clean Air Act (in the case of PSD) or the application of 40 CFR 51, 

Appendix S (in the case of nonattainment NSR). At best, a decision by the department not to adopt the major NSR amendments 

would result in a temporary delay in their application to sources in Maricopa County, Arizona. A discussion of the additional 

costs and benefits of the amended requirements at the county-level nevertheless follows.

The new and amended ambient standards incorporated by this rule may result in the imposition of three types of additional costs

on applicants for major NSR permits.

First, a new major source or major modification with significant emissions of any of the pollutants subject to a new ambient 

standard (the PM2.5 increments and PM2.5 NAAQS or the one-hour sulfur dioxide or nitrogen dioxide NAAQS) will be required 

to conduct additional modeling to demonstrate compliance with these standards. The department estimates that one additional 

model run for each major NSR applications will be required. The Arizona Department of Environmental Quality (ADEQ) estimated in their NSR Notice of Final Rulemaking (18 A.A.R. 1542, July 6, 2012) based on information received from an environmental consultant, that the cost of adding one model run to a refined model would be approximately $8,000.00.

Second, applicants will be responsible for paying permit fees equal to the additional permit processing costs noted above due to 

the major NSR amendments. As noted above, the estimated additional processing costs for major NSR will range from $750.00 

to $1,500.00.

Third, when modeling demonstrates an ambient impact resulting in non-compliance with an ambient standard (NAAQS or increments), mitigation beyond the level of control technology already required by major NSR is necessary. The cost of mitigation 

can be substantial but is highly dependent on the nature of the particular project and cannot be reliably estimated for purposes of 

the ESBCIS. Moreover, because major NSR automatically requires a very stringent level of control (BACT or LAER), mitigation is rarely necessary. Mitigation necessary to address non-compliance with any of the new standards imposed in the major 

NSR amendments will be an even rarer occurrence. Thus, the major NSR amendments are unlikely to result in additional mitigation costs.

The total estimated annual costs to sources subject to major NSR as a result of the rule amendments will range from $8,750.00 to 

$9,500.00 ($8,000.00 + $750.00 to $1,500.00) plus the costs of mitigation, in the unlikely event it is required.

NSR reform, on the other hand, is likely to generate substantial savings for existing major sources that are potentially subject to 

major NSR. The revised method for determining baseline emissions and the actual-to-projected-actual alternative for determining the level of future emissions will make it easier for sources to demonstrate the inapplicability of major NSR. Sources that

obtain PALs will essentially be able to avoid subsequent major NSR for a 10-year period. The savings from these reforms are 

difficult to estimate, but the department believes they will at least offset the additional costs described above.

Minor NSR

As noted above, the department estimates that approximately 100 minor and major sources requiring permits or permit revisions 

each year will be subject to minor NSR.

The minor NSR amendments may result in the imposition of three types of additional costs on applicants for major NSR permits:

First, ADEQ estimated based on experience with contractors performing accelerated permitting services that the cost of preparing the minor NSR components of a permit or permit revision application would average $4,000.00 (18 A.A.R. 1542, July 6, 

2012). The department’s Permit Engineering Division agrees with that estimate and therefore estimates annual application 

preparation costs attributable to minor NSR at: 100 applications × $4,000.00 per application = $400,000.00.

Second, applicants will be responsible for paying permit fees equal to the additional permit processing costs as noted above 

related to the minor NSR requirement for an air quality impact assessment. The department estimates above that SCREEN modeling may result in $300.00 of additional costs (2 hours × $150.00) and reviewing refined modeling performed by the source 

may result in $1,050.00 of additional costs (7 hours × $150). Therefore, the department estimates annual additional permit pro-
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County Notices According to A.R.S. § 49-112

cessing costs attributable to minor NSR at: 95 applications × $150 + 5 applications × $150 = $15,000.

Third, based on estimates provide by environmental consultants, ADEQ projected that the cost of running a refined model to 

comply with minor NSR will be approximately $7,000 to $12,000 000 (18 A.A.R. 1542, July 6, 2012). The department’s Permit 

Engineering Division agrees with that estimate and estimated above that 5% of minor NSR applicants will need to perform 

refined modeling for the ambient air quality assessment. Therefore, the department estimates the additional annual cost attributable to performing a refined model by the source ranges between $35,000 and $60,000 (5 applications × $7,000 vs. 5 applications × $12,000).

Lastly, the department anticipates no additional control costs will be incurred by sources as a result of minor NSR BACT or 

RACT requirements because BACT or RACT is required under the department’s current permitting program. The minor NSR 

amendments do have a new requirement for BACT or RACT for PM2.5 and lead; however, most sources that emit PM2.5 or lead 

also emit other pollutants such as NOx, CO or PM10 and these pollutants (NOx, CO or PM10) will trigger the BACT or RACT 

analysis and generally the controls for these pollutants will also limit PM2.5 and lead. Currently, the department does not have 

any lead sources that will trigger the requirement for a BACT or RACT determination for lead.

Permits issued by the department are valid for five years; therefore, the department estimates annual minor NSR permit related 

costs for a source by dividing the total estimated cost by five years.

The department estimates the annual minor NSR costs for a source electing to have the department perform a SCREEN model 

at: $860.00. Whereas, the annual minor NSR costs for a source electing to perform a refined model is estimated to range between

$2,410.00 and $3,410.00.

- Annual minor NSR costs for source electing to have MCAQD perform a SCREEN model:

$860 = (($4,000 permit application + $300 permit processing costs)/5 yrs.)

- Annual minor NSR costs for source electing to perform a refined model: 

$2,410 = (($4,000 permit application prep + $1,050 permit processing + $7,000 refined modeling cost)/5 yrs.)

$3,410 = (($4,000 permit application prep + $1,050 permit processing + $12,000 refined modeling)/5 yrs.)

A general description of the probable impact on private and public employment in businesses, agencies and political subdivisions of this state directly affected by the rulemaking.

The department does not believe that the additional costs to businesses subject to the amended NSR requirements, as described 

above, will be substantial enough to deter the construction or expansion of business operations. Accordingly, there should be no 

impact on private employment or on the employment of any political subdivisions subject to NSR. 

The department estimates that approximately one new full-time employee will be needed to implement the additional workload 

that will result from implementing minor NSR. A more precise estimate of the employment impact of minor NSR will be 

included in the ESBCIS for the upcoming permit fee rule.

The amendments to major NSR include elements that will both reduce (NSR reform) and increase (new ambient standards) 

agency workload. The department estimates that the net effect of the major NSR amendments on the agency’s employment 

needs will be zero.

A statement of the probable impact of the rulemaking on small businesses.

(a) An identification of the small businesses subject to the rulemaking.

Under A.R.S. § 49-101(20):

“Small business” means a concern, including its affiliates, which is [1] independently owned and operated, which is [2] not dominant in its field and which [3] employs fewer than one hundred full-time employees or which had gross annual receipts of less 

than four million dollars in its last fiscal year. (Emphasis added.)

The department does not anticipate that this rulemaking will increase the number of sources subject to the department’s NSR 

program.

(b) The administrative and other costs required for compliance with the rulemaking.

Small businesses will primarily incur the business costs described above for the minor NSR program. 

(c) A description of the methods that the agency may use to reduce the impact on small businesses.

Establishing less costly compliance requirements in the rulemaking for small businesses.
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1316 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

The department’s existing general permit program which falls under its minor NSR program is a less costly alternative currently available to many small businesses (e.g. dry cleaners, gas stations, surface coating operations, auto body shops, etc.).

The general permits are designed specifically with small businesses in mind. General permitted sources will not incur the 

cost of an ambient air quality assessment as this would be done up front when the general permit is established rather than 

when an authorization to operate is issued. Many small businesses currently required to obtain permits are eligible for a 

general permit and are not required to get a non-title V permit. Thus, for some small businesses, the general permit program 

is an existing and less costly alternative to the non-title V permit.

(d) The probable cost and benefit to private persons and consumers who are directly affected by the rulemaking.

Some businesses may pass some of the additional costs estimated above on to consumers. Because the amendments will not 

substantially increase existing air quality compliance costs, the department anticipates that the impact will be negligible.

A statement of the probable effect on state revenues.

Since the costs of the amendments will be recoverable through air quality permit fees, there will be no net effect on state 

revenues.

A description of any less intrusive or less costly alternative methods of achieving the purpose of the rulemaking.

As discussed above in Item 5 of this Notice of Proposed Rulemaking, the department has adopted amendments that the 

department believes to be the minimum necessary to comply with federal NSR requirements. No less intrusive or costly 

alternatives are available.

10. Name and address of department personnel with whom persons may communicate regarding the accuracy of the economic,

small business, and consumer impact statement:

Name: Dena Konopka

Maricopa County Air Quality Department

Planning and Analysis Division

Address: 1001 N. Central Ave., Suite 125

Phoenix, AZ 85004

Telephone: (602) 506-6010

Fax: (602) 506-6179

E-Mail: aqplanning@mail.maricopa.gov

11. The time, place and nature of the proceedings for the amendment of the rule:

Written oral proceeding requests or written comments or both will be accepted until the comment period is closed on August 31,

2015, 5:00 p.m. Written oral proceeding requests or written comments or both may be mailed, e-mailed, or hand delivered to the

department (see Item 4 of this Notice of Proposed Rulemaking). An oral proceeding will be scheduled only upon receipt of a

written request before the comment period is closed on August 31, 2015, 5:00 p.m. Written comments received during the comment period will be considered formal comments to the Notice of Proposed Rulemaking and will be responded to in the Notice

of Final Rulemaking.

12. Any other matters prescribed by the statute that are applicable to the specific agency or to any specific rule or class of rules:

Not applicable

13. Incorporations by reference and their location in the rules:

Rule 240, Section 305.1: Subparts of 40 CFR 51.100; 40 CFR 51.165; 40 CFR Part 51, Appendix S; 40 CFR 51.164

Rule 240, Section 307.1: Subparts of 40 CFR 51.100 and 40 CFR 52.21

Rule 510, Section 310: CFR references incorporated by reference in Appendix G

14. The full text of these rules follow:

REGULATION I - GENERAL PROVISIONS

RULE 100

GENERAL PROVISIONS AND DEFINITIONS

INDEX

SECTION 100 - GENERAL

101 DECLARATION OF INTENT

102 LEGAL AUTHORITY

103 VALIDITY
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County Notices According to A.R.S. § 49-112

104 CIRCUMVENTION

105 RIGHT OF INSPECTION OF PREMISES

106 RIGHT OF INSPECTION OF RECORDS

107 ADVISORY COUNCIL

108 HEARING BOARD

109 ANTI-DEGRADATION

110 AVAILABILITY OF POLLUTION INFORMATION

111 ANNUAL REASONABLE FURTHER PROGRESS (RFP) REPORT

112 AVAILABILITY OF INFORMATION

SECTION 200 - DEFINITIONS

200.1 AAC

200.2 ACT

200.3 ACTUAL EMISSIONS

200.4 ADMINISTRATOR

200.5 ADVISORY COUNCIL

200.6 AFFECTED FACILITY

200.7 AFFECTED SOURCE

200.8 AFFECTED STATE

200.9 AIR CONTAMINANT

200.10 AIR POLLUTION

200.11 AIR POLLUTION CONTROL EQUIPMENT

200.12 ALLOWABLE EMISSIONS

200.13 AMBIENT AIR

200.14 AP-42

200.15 APPLICABLE IMPLEMENTATION PLAN

200.16 APPLICABLE REQUIREMENT

200.17 “ARIZONA TESTING MANUAL”

200.17 200.18 APPROVED

200.18 200.19 AREA SOURCE

200.19 200.20 ARS

200.20 200.21 ASME

200.21 200.22 ASTM
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1318 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

200.22 200.23 ATTAINMENT AREA

200.23 200.24 BEGIN ACTUAL CONSTRUCTION

200.24 200.25 BEST AVAILABLE CONTROL TECHNOLOGY (BACT)

200.25 200.26 BRITISH THERMAL UNIT (BTU)

200.26 200.27 BUILDING, STRUCTURE, FACILITY, OR INSTALLATION

200.28 CATEGORICAL SOURCES

200.27 200.29 CFR

200.28 200.30 CIRCUMSTANCES OUTSIDE THE CONTROL OF THE SOURCE

200.29 200.31 CLEAN COAL TECHNOLOGY

200.30 200.32 CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT

200.31 200.33 COMMENCE

200.32 200.34 COMPLETE

200.33 200.35 CONSTRUCTION

200.36 CONVENTIONAL AIR POLLUTANT

200.34 200.37 CONTROL OFFICER

200.35 200.38 DEPARTMENT

200.36 200.39 DIRECTOR

200.37 200.40 DISCHARGE

200.38 200.41 DIVISION

200.39 200.42 DUST GENERATING OPERATION

200.40 200.43 EFFLUENT

200.41 200.44 ELECTRIC UTILITY STEAM GENERATING UNIT

200.42 200.45 EMISSION STANDARD

200.43 200.46 EMISSIONS UNIT

200.44 200.47 EPA

200.45 200.48 EQUIVALENT METHOD

200.46 200.49 EXCESS EMISSIONS

200.47 200.50 EXISTING SOURCE

200.48 200.51 FACILITY

200.49 200.52 FEDERAL APPLICABLE REQUIREMENT

200.50 200.53 FEDERAL LAND MANAGER

200.51 200.54 FEDERALLY ENFORCEABLE
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County Notices According to A.R.S. § 49-112

200.55 FEDERALLY LISTED HAZARDOUS AIR POLLUTANT

200.52 200.56 FINAL PERMIT

200.53 200.57 FUEL OIL

200.54 200.58 FUGITIVE EMISSION

200.59 HAZARDOUS AIR POLLUTANT (HAP)

200.55 200.60 HAZARDOUS AIR POLLUTANT REASONABLY AVAILABLE CONTROL TECHNOLOGY (HAPRACT)

200.56 200.61 INDIAN GOVERNING BODY

200.57 200.62 INDIAN RESERVATION

200.58 200.63 INSIGNIFICANT ACTIVITY

200.59 200.64 MAJOR MODIFICATION

200.60 200.65 MAJOR SOURCE

200.61 200.66 MAJOR SOURCE THRESHOLD

200.62 200.67 MALFUNCTION

200.63 200.68 MATERIAL PERMIT CONDITION

200.64 200.69 METHOD OF OPERATION

200.70 MINOR NSR MODIFICATION

200.71 MOBILE SOURCE

200.65 200.72 MODIFICATION

200.73 NATIONAL AMBIENT AIR QUALITY STANDARD (NAAQS)

200.66 200.74 NET EMISSIONS INCREASE

200.67 200.75 NEW SOURCE

200.68 200.76 NITROGEN OXIDES (NOX)

200.69 200.77 NONATTAINMENT AREA

200.70 200.78 NON-PRECURSOR ORGANIC COMPOUND

200.71 200.79 OPEN OUTDOOR FIRE

200.72 200.80 OPERATION

200.73 200.81 ORGANIC COMPOUND

200.74 200.82 ORGANIC LIQUID

200.75 200.83 OWNER AND/OR OPERATOR

200.76 200.84 PARTICULATE MATTER

200.77 200.85 PERMITTING AUTHORITY

200.86 PERMITTING THRESHOLD
County Notices According to A.R.S. § 49-112

1320 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

200.78 200.87 PERSON

200.79 200.88 PHYSICAL CHANGE

200.89 PLANNING AGENCY

200.80 200.90 PM2.5

200.81 200.91 PM10

200.82 200.92 POLLUTANT

200.83 POLLUTION CONTROL PROJECT

200.84 200.93 PORTABLE SOURCE

200.85 200.94 POTENTIAL TO EMIT

200.86 200.95 PROPOSED PERMIT

200.87 200.96 PROPOSED FINAL PERMIT/PROPOSED FINAL PERMIT REVISION

200.97 PUBLIC NOTICE THRESHOLD

200.88 200.98 QUANTIFIABLE

200.89 200.99 REACTIVATION OF A VERY CLEAN COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNIT

200.100 REASONABLE FURTHER PROGRESS

200.90 200.101 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT)

200.91 200.102 REFERENCE METHOD

200.92 200.103 REGULATED AIR POLLUTANT

200.104 REGULATED MINOR NSR POLLUTANT

200.105 REGULATED NSR POLLUTANT

200.93 200.106 REGULATORY REQUIREMENTS

200.94 200.107 REPLICABLE

200.95 200.108 REPOWERING

200.96 REPRESENTATIVE ACTUAL ANNUAL EMISSIONS

200.97 200.109 RESPONSIBLE OFFICIAL

200.98 200.110 SCHEDULED MAINTENANCE

200.111 SCREEN MODEL

200.112 SECTION 302(J) CATEGORY

200.99 200.113 SIGNIFICANT

200.100 200.114 SOLVENT-BORNE COATING MATERIAL

200.101 200.115 SOURCE

200.102 200.116 SPECIAL INSPECTION WARRANT
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County Notices According to A.R.S. § 49-112

200.103 200.117 STANDARD CONDITIONS

200.104 200.118 STATE IMPLEMENTATION PLAN (SIP)

200.105 200.119 STATIONARY SOURCE

200.120 SUBCONTRACTOR

200.106 200.121 SYNTHETIC MINOR

200.107 200.122 TEMPORARY CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT

200.108 200.123 TITLE V

200.109 200.124 TOTAL REDUCED SULFUR (TRS)

200.110 200.125 TRADE SECRETS

200.111 200.126 TRIVIAL ACTIVITY

200.112 200.127 UNCLASSIFIED AREA

200.113 200.128 VOLATILE ORGANIC COMPOUND (VOC)

SECTION 300 - STANDARDS

301 AIR POLLUTION PROHIBITED

302 APPLICABILITY OF MULTIPLE RULES

SECTION 400 - ADMINISTRATIVE REQUIREMENTS

401 CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS

402 CONFIDENTIALITY OF INFORMATION

SECTION 500 - MONITORING AND RECORDS

501 REPORTING REQUIREMENTS

502 DATA REPORTING

503 EMISSION STATEMENTS REQUIRED AS STATED IN THE ACT

504 RETENTION OF RECORDS

505 ANNUAL EMISSIONS INVENTORY REPORT

Revised 07/13/88

Revised 10/01/90

Revised 06/22/92

Revised 11/16/92

Repealed and Adopted 11/15/93

Revised 02/15/95

Revised 04/03/96

Revised 06/19/96

Revised 03/04/98

Revised 05/20/98

Revised 07/26/00

Revised 03/07/01

Revised 08/22/01

Revised 11/06/02

Revised 03/15/06

Revised 06/06/07

Revised 09/25/13

Revised 07/13/1988; Revised 10/01/1990; Revised 06/22/1992; Revised 11/16/1992; Repealed and Adopted 11/15/1993; Revised 02/15/
County Notices According to A.R.S. § 49-112

1322 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

1995; Revised 04/03/1996; Revised 06/19/1996; Revised 03/04/1998; Revised 05/20/1998; Revised 07/26/2000; Revised 03/07/2001; 

Revised 08/22/2001; Revised 11/06/2002; Revised 03/15/2006; Revised 06/06/2007; Revised 09/25/2013; Revised xx/xx/xxxx

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION I - GENERAL PROVISIONS

RULE 100

GENERAL PROVISIONS AND DEFINITIONS

SECTION 100 - GENERAL

101 DECLARATION OF INTENT: The Maricopa County Air Pollution Control Regulations prevent, reduce, control, correct, or 

remove regulated air pollutants originating within the territorial limits of Maricopa County and carry out the mandates of Arizona 

Revised Statutes (ARS), Title 49-The Environment.

102 LEGAL AUTHORITY: These rules are adopted under the authority granted by ARS §49-479.

103 VALIDITY: If any section, subsection, clause, phrase, or provision of these rules is held to be invalid for any reason, such decision 

shall not affect the validity of the remaining portion.

104 CIRCUMVENTION: A person shall not build, erect, install, or use any article, machine, equipment, condition, or any contrivance, 

the use of which, without resulting in a reduction in the total release of regulated air pollutants to the atmosphere, conceals or dilutes 

an emission which would otherwise constitute a violation of these rules. No person shall circumvent these rules to dilute regulated air 

pollutants by using more emission openings than is considered normal practice by the industry or activity in question.

105 RIGHT OF INSPECTION OF PREMISES: The Control Officer, during reasonable hours, for the purpose of enforcing and 

administering these rules or any provision of ARS relating to the emission or control prescribed pursuant thereto, may enter every 

building, premises, or other place, except the interior of structures used as private residences. In the event that consent to enter for 

inspection purposes has been refused or circumstances justify the failure to seek such consent, special inspection warrants may be 

issued by a magistrate. Every person is guilty of a petty offense under ARS §49-488 who in any way denies, obstructs, or hampers 

such entrance or inspection that is lawfully authorized by warrant.

106 RIGHT OF INSPECTION OF RECORDS: When the Control Officer has reasonable cause to believe that any person has violated 

or is in violation of any provision of this rule, any rule adopted under this rule, or any requirement of a permit issued under this rule, 

the Control Officer may request, in writing, that such person produce all existing books, records, and other documents evidencing 

tests, inspections, or studies which may reasonably relate to compliance or non-compliance with rules adopted under this rule. No 

person shall fail nor refuse to produce all existing documents required in such written request by the Control Officer.

107 ADVISORY COUNCIL: An Advisory Council appointed by the Board of Supervisors may advise and consult with the Board of 

Supervisors, the Maricopa County Air Quality Department, and the Control Officer in effecting the mandates of ARS Title 49.

108 HEARING BOARD: The Board of Supervisors shall appoint a 5-member hearing board knowledgeable in the field of air pollution. 

At least three members shall not have a substantial interest, as defined in ARS §38-502(11), in any person required to obtain an air 

pollution permit or subject to enforcement orders issued under these rules. Each member shall serve a term of three years.

109 ANTI-DEGRADATION: The standards in these rules shall not be construed as permitting the preventable degradation of air quality 

in any area of Maricopa County.

110 AVAILABILITY OF POLLUTION INFORMATION: The public shall be informed on a daily basis of average daily 

concentration of three pollutants: particulates, carbon monoxide, and ozone. This information shall be disseminated through the use of 

electronic media, newspapers, radio, and television. The levels of each pollutant shall be expressed through the use of the Air Quality 

Index (AQI) and a written copy of such information shall be made available at the office of the Maricopa County Air Quality 

Department, 1001 North Central Avenue, Suite 400 125, Phoenix, Arizona, 85004, 602-506-6010.

111 ANNUAL REASONABLE FURTHER PROGRESS (RFP) REPORT: Each year, the department shall prepare or assist in the 

preparation of a A report on the progress in implementation of nonattainment area plans. shall be produced by the department each 
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County Notices According to A.R.S. § 49-112

year. The primary function of the report is to review the implementation schedules for control measures and emission reduction 

forecasts in the nonattainment area plans. The annual report will be made available to the public at the offices of Maricopa County Air 

Quality Department, 1001 North Central Avenue, Phoenix, Arizona, 85004, 602-506-6010.

112 AVAILABILITY OF INFORMATION: Copies of 40 CFR 51, Subpart A, Appendix A, Table 2A are available at 1001 North 

Central Avenue, Suite 695 125, Phoenix, Arizona, 85004, or call 602-506-6010 for information.

SECTION 200 - DEFINITIONS: To aid in the understanding of these rules, the following general definitions are provided. Additional 

definitions, as necessary, can be found in each rule of the Maricopa County Air Pollution Control Regulations.

200.1 AAC: Arizona Administrative Code.

200.2 ACT: The Clean Air Act of 1963 (P.L. 88-206; 42 United States Code sections 7401 through 7671q), as amended by the 

Clean Air Act Amendments of 1990 (P.L.101-549). through December 31, 2011 (and no future editions).

200.3 ACTUAL EMISSIONS: The actual rate of emissions of a regulated NSR pollutant from an emissions unit, as 

determined in Section 200.3(a) through Section 200.3(e) of this rule:

a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the 

emissions unit actually emitted the pollutant during a 2-year consecutive 24-month period that precedes the 

particular date and that is representative of normal source operation. The Control Officer may allow the use of a 

different time period upon a demonstration determination that it is more representative of normal source operation. 

Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates, and types of 

materials processed, stored, or combusted during the selected time period.

b. If there is inadequate information to determine actual historical emissions, then the The Control Officer may 

presume that source-specific allowable emissions for the emissions unit are equivalent to the actual emissions of the 

emissions unit.

c. For any emissions unit at a Title V source, other than an electric utility steam generating unit described in Section 

200.3(e) of this rule that has not begun normal operations on the particular date, actual emissions shall equal the 

unit’s potential to emit on that date.

d. For any emissions unit at a Non-Title V source that has not begun normal operations on the particular date, actual 

emissions shall be based on applicable control equipment requirements and projected conditions of operation.

e. For an electric utility steam generating unit (other than a new unit or the replacement of an existing unit), actual 

emissions of the unit, following the physical or operational change, shall equal the representative actual annual 

emissions of the unit, if the source owner and/or operator maintains and submits to the Control Officer on an annual 

basis, for a period of five years from the date the unit resumes regular operation, information demonstrating that the 

physical or operational change did not result in an emissions increase. A longer period, not to exceed 10 years, may 

be required by the Control Officer, if the Control Officer determines the longer period to be more representative of 

normal source post-change operations. This definition shall not apply for calculating whether a significant 

emissions increase has occurred, or for establishing a PAL. Instead, projected actual emissions and baseline 

actual emissions in Rule 240 of these rules shall apply for those purposes.

200.4 ADMINISTRATOR: The Administrator of the United States Environmental Protection Agency.

200.5 ADVISORY COUNCIL: The Maricopa County Air Pollution Control Advisory Council appointed by the Maricopa 

County Board of Supervisors.

200.6 AFFECTED FACILITY: With reference to a stationary source, any apparatus to which a standard is applicable.

200.7 AFFECTED SOURCE: A source that includes one or more emissions units which are subject to emission reduction 

requirements or limitations under Title IV-Acid Deposition Control of the Act.

200.8 AFFECTED STATE: Any State whose air quality may be affected and that is contiguous to Arizona or that is within 50 

miles of the permitted source.

200.9 AIR CONTAMINANT: Includes smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid 

mist aerosols, aerosol droplets, odors, particulate matter, windborne matter, radioactive materials, noxious chemicals, or 

any other material in the outdoor atmosphere.

200.10 AIR POLLUTION: The presence in the outdoor atmosphere of one or more air contaminants, or combinations thereof, 
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1324 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

in sufficient quantities, which either alone or in connection with other substances, by reason of their concentration and 

duration, are or tend to be injurious to human, plant, or animal life, or causes damage to property, or unreasonably 

interferes with the comfortable enjoyment of life or property of a substantial part of a community, or obscures visibility, 

or which in any way degrades the quality of the ambient air below the standards established by the Board of Supervisors.

200.11 AIR POLLUTION CONTROL EQUIPMENT: Equipment used to eliminate, reduce, or control the emission of air 

pollutants into the ambient air.

200.12 ALLOWABLE EMISSIONS: The emission rate of a stationary source calculated using both the maximum rated 

capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate or 

hours of operation or both) and the most stringent of the following:

a. The applicable New Source Performance Standards as described in Rule 360 of these rules or the Federal Hazardous 

Air Pollutant Program as described in Rule 370 of these rules; standards as set forth in 40 CFR 60 , 61 or 63; or

b. The applicable existing source performance standard as approved for the State Implementation Plan (SIP); or

c. The emissions rate specified in any federally promulgated rule or federally enforceable permit condition conditions 

applicable to the stationary source.

200.13 AMBIENT AIR: That portion of the atmosphere, external to buildings, to which the general public has access.

200.14 AP-42: The EPA document "Compilation of Air Pollutant Emission Factors," as incorporated by reference in Appendix 

G of these rules.

200.15 APPLICABLE IMPLEMENTATION PLAN: Those provisions of the State Implementation Plan (SIP) approved by 

the Administrator or a Federal Implementation Plan (FIP) promulgated under for Arizona or any portion of Arizona in 

accordance with Title I-Air Pollution Prevention And Control of the Act.

200.16 APPLICABLE REQUIREMENT: Applicable requirement means any of the following:

a. Any federal applicable requirement as defined in Section 200.49 of this rule.

b. Any other requirement established under the Maricopa County Air Pollution Control Regulations or ARS Title 49, 

Chapter 3, Articles 1, 3, 7, and 8.

200.17 “ARIZONA TESTING MANUAL”: Sections 1 and 7 of the Arizona Testing Manual for Air Pollutant Emissions 

amended as of March 1992 (and no future editions).

200.17 200.18 APPROVED: Approved in writing by the Maricopa County Air Pollution Control Officer.

200.18 200.19 AREA SOURCE: Any stationary source that is not a major source. For purposes of these rules, the term "area 

source" shall not include motor vehicles or nonroad vehicles subject to regulation under Title II-Emission Standards For 

Moving Sources of the Act.

200.19 200.20 ARS: The Arizona Revised Statutes. The titles of the most frequently used ARS references in these rules are listed 

below:

ARS §38-502(11) Public Officers And Employees, Conduct Of Office, Conflict Of Interest Of Officers And 

Employees, Definitions, Substantial Interest

ARS Title 49 The Environment

ARS Title 49, Chapter 3 The Environment, Air Quality

ARS Title 49, Chapter 4 The Environment, Solid Waste Management

ARS §49-109 The Environment, General Provisions, Department Of Environmental Quality, Certificate 

Of Disclosure Of Violations; Definition; Remedies

ARS §49-401 The Environment, Air Quality, General Provisions, Declaration Of Policy

ARS §49-426 The Environment, Air Quality, State Air Pollution Control, Permits; Duties Of Director; 

Exceptions; Applications; Objections; Fees

ARS §49-426.04 The Environment, Air Quality, State Air Pollution Control, State List Of Hazardous Air 

Pollutants

ARS §49-426.05 The Environment, Air Quality, State Air Pollution Control, Designation Of Sources Of 

Hazardous Air Pollutants

ARS §49-429 The Environment, Air Quality, State Air Pollution Control, Permit Transfers; Notice; 
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County Notices According to A.R.S. § 49-112

Appeal

ARS §49-464 The Environment, Air Quality, State Air Pollution Control, Violation; Classification; 

Penalties; Definition

ARS §49-473 The Environment, Air Quality, County Air Pollution Control, Board Of Supervisors

ARS §49-476.01 The Environment, Air Quality, County Air Pollution Control, Monitoring

ARS §49-478 The Environment, Air Quality, County Air Pollution Control, Hearing Board

ARS §49-480 The Environment, Air Quality, County Air Pollution Control, Permits; Fees

ARS §49-480.03 The Environment, Air Quality, County Air Pollution Control, Federal Hazardous Air 

Pollutant Program; Date Specified By Administrator; Prohibition

ARS §49-480.04 The Environment, Air Quality, County Air Pollution Control, County Program For 

Control Of Hazardous Air Pollutants

ARS §49-482 The Environment, Air Quality, County Air Pollution Control, Appeals To Hearing Board

ARS §49-483 The Environment, Air Quality, County Air Pollution Control, Permit Transfers; Notice; 

Appeal

ARS §49-487 The Environment, Air Quality, County Air Pollution Control, Classification And 

Reporting; Confidentiality Of Records

ARS §49-488 The Environment, Air Quality, County Air Pollution Control, Special Inspection Warrant

ARS §49-490 The Environment, Air Quality, County Air Pollution Control, Hearings On Orders Of 

Abatement

ARS §49-498 The Environment, Air Quality, County Air Pollution Control, Notice Of Hearing; 

Publication; Service

ARS §49-501 The Environment, Air Quality, County Air Pollution Control, Unlawful Open Burning; 

Definition; Exceptions; Fine

ARS §49-511 The Environment, Air Quality, County Air Pollution Control, Violations, Order Of 

Abatement

ARS §49-514 The Environment, Air Quality, County Air Pollution Control, Violation; Classification; 

Definition

200.20 200.21 ASME: The American Society of Mechanical Engineers.

200.21 200.22 ASTM: The American Society for Testing and Materials.

200.22 200.23 ATTAINMENT AREA: An area so designated by the Administrator, acting under Section 107-Air 

Quality Control Regions of the Act, as having ambient air pollutant concentrations equal to or less than national primary 

or secondary ambient air quality standards for a particular pollutant or pollutants. Any area in the state that has been 

identified in regulations promulgated by the Administrator as being in compliance with national ambient air quality 

standards.

200.23 200.24 BEGIN ACTUAL CONSTRUCTION: In general, initiation Initiation of physical on-site construction 

activities on an emissions unit, which are of a permanent nature. Such activities include installation of building supports 

and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a 

change in method of operation, “begin actual construction” refers to those on-site activities, other than preparatory activities, which mark the initiation of change.

a. For purposes of title I, parts C and D and section 112 of the Act, and for purposes of applicants that require permits 

containing limits designed to avoid the application of title I, parts C and D and section 112 of the Act, these activities 

include installation of building supports and foundations, laying of underground pipe work, and construction of permanent storage structures but do not include any of the following, subject to Section 200.24(c) of this rule:

(1) Clearing and grading, including demolition and removal of existing structures and equipment, stripping and 

stockpiling of topsoil.

(2) Installation of access roads, driveways and parking lots.

(3) Installation of ancillary structures, including fences, office buildings and temporary storage structures that 

are not a necessary component of an emissions unit or associated air pollution control equipment for which 

the permit is required.
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(4) Ordering and on-site storage of materials and equipment.

b. For purposes other than those identified in Section 200.24(a) of this rule, these activities do not include any of the 

following, subject to Section 200.24(c) of this rule:

(1) Clearing and grading, including demolition and removal of existing structures and equipment, stripping and 

stockpiling of topsoil and earthwork cut and fill for foundations.

(2) Installation of access roads, parking lots, driveways and storage areas.

(3) Installation of ancillary structures, including fences, warehouses, storerooms and office buildings, provided 

none of these structures impacts the design of any emissions unit or associated air pollution control equipment.

(4) Ordering and on-site storage of materials and equipment.

(5) Installation of underground pipework, including water, sewer, electric and telecommunications utilities.

(6) Installation of building and equipment supports, including concrete forms, footers, pilings, foundations, 

pads and platforms, provided none of these supports impacts the design of any emissions unit or associated 

air pollution control equipment.

c. An applicant’s performance of any activities that are excluded from the definition of “begin actual construction” 

under Sections 200.24 (a) or (b) of this rule shall be at the applicant’s risk and shall not reduce the applicant’s 

obligations under these rules. The Control Officer shall evaluate an application for a permit or permit revision 

and make a decision on the same basis as if the activities allowed under Sections 200.24 (a) or (b) of this rule had 

not occurred.

200.24 200.25 BEST AVAILABLE CONTROL TECHNOLOGY (BACT): An emissions limitation, based on the 

maximum degree of reduction for each pollutant, subject to regulation under the Act, which would be emitted from any 

proposed stationary source or modification, which the Control Officer, on a case-by-case basis, taking into account 

energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification 

through application of production processes or available methods, systems, and techniques, including fuel cleaning or 

treatment or innovative fuel combination techniques for control of such pollutant. Under no circumstances shall BACT 

be determined to be less stringent than the emission control required by an applicable provision of these rules or of any 

State or Federal laws (“Federal laws” include the EPA approved State Implementation Plan (SIP)). If the Control Officer 

determines that technological or economic limitations on the application of measurement methodology to a particular 

emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, 

operational standard, or combination thereof may be prescribed instead to satisfy the requirement for the application of 

BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of 

such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent 

results.

200.25 200.26 BRITISH THERMAL UNIT (BTU): The quantity of heat required to raise the temperature of one 

pound of water one degree Fahrenheit (°F) at 39.1°F.

200.26 200.27 BUILDING, STRUCTURE, FACILITY, OR INSTALLATION: All the pollutant-emitting 

equipment and activities that belong to the same industrial grouping, that are located on one or more contiguous or 

adjacent properties, and that are under the control of the same person or persons under common control, except the 

activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they 

belong to the same "Major Group" as described in the "Standard Industrial Classification Manual, 1987".

200.28 CATEGORICAL SOURCES: The following classes of sources:

a. Coal cleaning plants with thermal dryers;

b. Kraft pulp mills;

c. Portland cement plants;

d. Primary zinc smelters;

e. Iron and steel mills;

f. Primary aluminum ore reduction plants (with thermal dryers);

g. Primary copper smelters;
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h. Municipal incinerators capable of charging more than 50 tons of refuse per day;

i. Hydrofluoric, sulfuric, or nitric acid plants;

j. Petroleum refineries;

k. Lime plants;

l. Phosphate rock processing plants;

m. Coke oven batteries;

n. Sulfur recovery plants;

o. Carbon black plants using the furnace process;

p. Primary lead smelters;

q. Fuel conversion plants;

r. Sintering plants;

s. Secondary metal production plants;

t. Chemical process plants, which shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System codes 325193 or 312140;

u. Fossil-fuel boilers, or combinations thereof, totaling more than 250 million British thermal units (BTU) per hour heat 

input;

v. Petroleum storage and transfer units with a total storage capacity more than 300,000 barrels;

w. Taconite preprocessing plants;

x. Glass fiber processing plants;

y. Charcoal production plants;

z. Fossil fuel-fired steam electric plants and combined cycle gas turbines of more than 250 million BTU per hour rated 

heat input;

aa. Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111-

Standards Of Performance For New Stationary Sources of the Act or under Section 112-National Emission 

Standards For Hazardous Air Pollutants of the Act.

200.27 200.29 CFR: The United States Code of Federal Regulations., amended as of July 1, 2011, (and no future 

editions), with standard references in these rules by Title and Part, so that “40 CFR 51” means “Title 40 of the Code of 

Federal Regulations, Part 51.”

200.28 200.30 CIRCUMSTANCES OUTSIDE THE CONTROL OF THE SOURCE: Shall include, but not 

be limited to, circumstances where a violation resulted from a sudden and unavoidable breakdown of the process or the 

control equipment, resulted from unavoidable conditions during a startup or shutdown, or resulted from upset of 

operations.

200.29 200.31 CLEAN COAL TECHNOLOGY: Any technology, including technologies applied at the precombustion, combustion, or post-combustion stage, at a new or existing facility that will achieve significant reductions in 

air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity 

or process steam that was not in widespread use as of November 15, 1990.

200.30 200.32 CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT: A project using funds 

appropriated under the heading “Department Of Energy-Clean Coal Technology”, up to a total amount of $2,500,000,000 

for commercial demonstration of clean coal technology or similar projects, funded through appropriations for the 

Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20% of the total cost 

of the demonstration project.

200.31 200.33 COMMENCE: As applied to construction of a major source or a major modification, that the 

owner and/or operator has all necessary preconstruction approvals or permits and has either:

a. Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within 

a reasonable time; or
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b. Entered into binding agreements or contractual obligations, which cannot be canceled or modified without 

substantial loss to the owner and/or operator, to undertake a program of actual construction of the source to be 

completed within a reasonable time.

200.32 200.34 COMPLETE: In reference to an application for a permit or permit revision, “complete” means that the 

application contains all the information necessary for processing the application. Designating an application complete for 

purposes of permit or permit revision, processing does not preclude the Control Officer from requesting nor from 

accepting any additional information.

200.33 200.35 CONSTRUCTION: Any physical change or change in the method of operation, including fabrication, 

erection, or installation, demolition, or modification of an emissions unit, which would result in a change in actual 

emissions.

200.36 CONVENTIONAL AIR POLLUTANT: Any pollutant for which the Administrator has promulgated a primary or 

secondary national ambient air quality standard.

200.34 200.37 CONTROL OFFICER: The executive head of the department authorized or designated to enforce air pollution 

regulations, the executive head of an air pollution control district established under ARS §49-473, or the designated 

agent.

200.35 200.38 DEPARTMENT: The Maricopa County Air Quality Department.

200.36 200.39 DIRECTOR: The director of the Arizona Department Of Environmental Quality (ADEQ).

200.37 200.40 DISCHARGE: The release or escape of an effluent into the atmosphere from a source.

200.38 200.41 DIVISION: The Division no longer exists; consequently, all references in these rules to Division refer to Department.

200.39 200.42 DUST GENERATING OPERATION: Any activity capable of generating fugitive dust, including but not limited 

to, land clearing, maintenance, and land clean-up using mechanized equipment, earthmoving, weed abatement by discing 

or blading, excavating, construction, demolition, bulk material handling (e.g., bulk material hauling and/or transporting, 

bulk material stacking, loading, and unloading operations), storage and/or transporting operations (e.g., open storage 

piles), vehicle use and movement, the operation of any outdoor equipment, or unpaved parking lots. the operation of 

motorized machinery, establishing and/or using staging areas, parking areas, material storage areas, or access routes to 

and from a site, establishing and/or using unpaved haul/access roads to, from, and within a site, disturbed surface areas 

associated with a site, and installing initial landscapes using mechanized equipment. For the purpose of this rule

definition, landscape maintenance and playing on or maintaining a field used for non-motorized sports shall not be 

considered a dust generating operation. However, landscape maintenance shall not include grading, trenching, or any 

other mechanized surface disturbing activities performed to establish initial landscapes or to redesign existing landscapes.

200.40 200.43 EFFLUENT: Any air contaminant which is emitted and subsequently escapes into the atmosphere.

200.41 200.44 ELECTRIC UTILITY STEAM GENERATING UNIT: Any steam electric generating unit that is constructed for 

the purpose of supplying more than 1/3 of its potential electric output capacity and more than 25 MW electric output to 

any utility power distribution system for sale. Any steam supplied to a steam distribution system, for the purpose of 

providing steam to a steam-electric generator that would produce electrical energy for sale, is also considered in 

determining the electrical energy output capacity of the affected facility.

200.42 200.45 EMISSION STANDARD: The definition of emission standard, as summarized from ARS §49-514(T) and ARS 

§49-464(V), is: A numeric limitation on the volume or concentration of air pollutants in emissions from a source or a 

specific design, equipment, or work practice standard, the purpose of which is to eliminate or reduce the volume or 

concentration of pollutants emitted by a source. The term emission standard does not include opacity standards. 

Violations of emission standards shall be determined in the manner prescribed by the applicable regulations issued by the 

Administrator or the Director or the Control Officer.

200.43 200.46 EMISSIONS UNIT: Any part of a stationary source which emits or would have the potential to emit any regulated 

air pollutant and includes an electric steam generating unit.

200.44 200.47 EPA: The United States Environmental Protection Agency.

200.45 200.48 EQUIVALENT METHOD: Any method of sampling and analyzing for an air pollutant, which has been 

demonstrated to the Administrator's satisfaction to have a consistent and quantitatively known relationship to the 

reference method, under specified conditions.

200.46 200.49 EXCESS EMISSIONS: Emissions of an air pollutant in excess of an emission standard, as measured by the 
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compliance test method applicable to such emission standard.

200.47 200.50 EXISTING SOURCE:

a. A source in operation prior to the effective date of this rule, or a source on which the construction or modification 

has commenced and for which the Control Officer has granted a permit prior to the effective date of this rule. ; or

b. When used in conjunction with a source subject to new source performance standards (NSPS), any source which 

does not have an applicable NSPS under Rule 360-New Source Performance Standards of these rules.

200.48 200.51 FACILITY: The definition of facility is included in Section 200.6-Definition Of Affected Facility of this rule and in 

Section 200.26 Definition Of Building, Structure, Facility Or Installation of this rule. the definitions of “affected 

facility” and “building, structure, facility or installation” of this rule.

200.49 200.52 FEDERAL APPLICABLE REQUIREMENT: Any of the following as they apply to emissions units covered by 

a Title V permit or a Non-Title V permit (including requirements that have been promulgated or approved by the EPA 

through rulemaking at the time of issuance but have future effective compliance dates):

a. Any standard or other requirement provided for in the applicable implementation plan approved or promulgated 

by the EPA through rulemaking under Title I-Air Pollution Prevention And Control of the Act that implements 

the relevant requirements of the Act, including any revisions to that plan promulgated in 40 CFR 52.

b. Any term or condition of any unitary permits issued under regulations approved or promulgated through 

rulemaking under Title I-Air Pollution Prevention And Control, including Parts C or D, of the Act.

c. Any standard or other requirement under Section 111-Standards Of Performance For New Stationary Sources of 

the Act, includes Section 111(d).

d. Any standard or other requirement under Section 112-National Emission Standards For Hazardous Air Pollutants 

of the Act, including any requirement concerning accident prevention under Section 112(r)(7) of the Act.

e. Any standard or other requirement of the acid rain program under Title IV-Acid Deposition Control of the Act or 

the regulations promulgated thereunder and incorporated under Rule 371-Acid Rain of these rules.

f. Any requirements established under Section 504(b)-Permit Requirements And Conditions or Section 114(a)(3)-

Inspections, Monitoring, And Entry of the Act.

g. Any standard or other requirement governing solid waste incineration under Section 129-Solid Waste 

Combustion of the Act.

h. Any standard or other requirement for consumer and commercial products pursuant to Section 183(e)-Federal 

Ozone Measures of the Act.

i. Any standard or other requirement for tank vessels pursuant to Section 183(f)-Federal Ozone Measures of the 

Act.

j. Any standard or other requirement of the program to control air pollution from outer continental shelf sources 

under Section 328-Air Pollution From Outer Continental Shelf Activities of the Act.

k. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VIStratospheric Ozone Protection of the Act, unless the Administrator has determined that such requirements need 

not be contained in a Title V permit; and

l. Any national ambient air quality standard or increment or visibility requirement under Part C-Prevention Of 

Significant Deterioration Of Air Quality of Title I-Air Pollution Prevention And Control of the Act, but only as it 

would apply to temporary sources permitted under Section 504(e)-Permit Requirements And Conditions of the 

Act.

200.50 200.53 FEDERAL LAND MANAGER: With respect to any lands in the United States, the Secretary of the Department 

with authority over such lands.

200.51 200.54 FEDERALLY ENFORCEABLE: All limitations and conditions which are enforceable by the Administrator 

under the Act, including all of the following:

a. All terms and conditions contained in a Title V permit, except those terms and conditions which have been 

specifically designated as not federally enforceable;

b. The requirements of operating permit programs and permits issued under such permit programs which have been 
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approved by the Administrator, including the requirements of State and County operating permit programs approved 

under Title V-Permits of the Act or under any new source review permit program; 

c. All limitations and conditions which are enforceable by the Administrator, including the requirements of the New 

Source Performance Standards (NSPS) and the National Emissions Standards for Hazardous Air Pollutants 

(NESHAPs) contained in these rules; 

d. The requirements of such other State or County rules or regulations approved by the Administrator for inclusion in 

the State Implementation Plan (SIP); 

e. The requirements of any federal regulation promulgated by the Administrator as part of the State Implementation 

Plan (SIP); and

f. The requirements of State and County operating permit programs, other than Title V programs, which have been 

approved by the Administrator and incorporated into the applicable State Implementation Plan (SIP) under the 

criteria for federally enforceable State Operating Permit Programs set forth in 54, Federal Register 27274, dated 

June 28, 1989. Such requirements include permit terms and conditions which have been entered into voluntarily by 

a source under this rule and/or under Rule 220-Non-Title V Permit Provisions of these rules.

g. Emissions limitations, controls, and other requirements, and any associated monitoring, recordkeeping, and 

reporting requirements, other than those designated as enforceable only by the department, that are included in a 

permit pursuant to Rule 201 (Emissions Caps) of these rules or Rule 220, Section 304 (Permits Containing Voluntarily Accepted Emissions Limitations, Controls, Or Other Requirements (Synthetic Minor)) of these rules.

200.55 FEDERALLY LISTED HAZARDOUS AIR POLLUTANT: A pollutant listed pursuant to Rule 372, Section 309 of 

these rules.

200.52200.56FINAL PERMIT: The version of a permit issued by the Control Officer after completion of all review required by 

Maricopa County Air Pollution Control Regulations.

200.53200.57FUEL OIL: Number 2 through Number 6 fuel oils as specified in ASTM D396-90a-Specification For Fuel Oils, gas 

turbine fuel oils Numbers 2-GT through 4-GT as specified in ASTM D2880-90a-Specification For Gas Turbine Fuel 

Oils, or diesel fuel oils Numbers 2-D and 4-D as specified in ASTM D975-90a-Specification For Diesel Fuel Oils.

200.54200.58FUGITIVE EMISSION: Any emission which could not reasonably pass through a stack, chimney, vent, or other 

functionally equivalent opening.

200.59 HAZARDOUS AIR POLLUTANT (HAP): Any federally listed hazardous air pollutant.

200.55200.60HAZARDOUS AIR POLLUTANT REASONABLY AVAILABLE CONTROL TECHNOLOGY (HAPRACT):

An emissions standard for hazardous air pollutants which the Control Officer, acting pursuant to §49-480.04(C), 

determines is reasonably available for a source. In making the foregoing determination, the Control Officer shall take into 

consideration the estimated actual air quality impact of the standard, the cost of complying with the standard, the 

demonstrated reliability and widespread use of the technology required to meet the standard, and any non-air quality health 

and environmental impacts and energy requirements. For purposes of this definition, an emissions standard may be 

expressed as a numeric emissions limitation or as a design, equipment, work practice, or operational standard.

200.56200.61INDIAN GOVERNING BODY: The governing body of any tribe, band, or group of Indians subject to the jurisdiction 

of the United States and recognized by the United States as possessing power of self-government.

200.57200.62INDIAN RESERVATION: Any federally recognized reservation established by Treaty, Agreement, Executive Order, 

or Act of Congress.

200.58200.63INSIGNIFICANT ACTIVITY: For the purpose of this rule, an insignificant activity shall be any activity, process, 

or emissions unit that is not subject to a source-specific applicable requirement, that emits no more than 0.5 ton per 

year of hazardous air pollutants (HAPs) and no more than two tons per year of a regulated air pollutant, and that is 

either included in Appendix D-List of Insignificant Activities of these rules or is approved as an insignificant activity 

under Rule 200-Permit Requirements of these rules. Source-specific applicable requirements include requirements for 

which emissions unit-specific information is needed to determine applicability. Any of the following activities:

a. Any activity, process, or emissions unit that is not subject to a source specific applicable requirement that emits 

no more than two tons per year of a regulated air pollutant and that is either included in this definition of this rule 

or is approved as an insignificant activity under Rule 200 (Permit Requirements) of these rules.

b. Food Processing Equipment:
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(1) Any confection cooker and associated venting or control equipment cooking edible products intended for 

human consumption. 

(2) Any oven in a food processing operation where less than 1,000 pounds of product are produced per day of 

operation.

c. General Combustion Activities:

(1) All natural gas and/or liquefied petroleum gas-fired pieces of equipment over 300,000 BTU per hour, only if 

the input capacities added together are less than 2,000,000 BTU per hour, the emissions come from fuel burning, and the equipment is used solely for heating buildings for personal comfort or for producing hot water for 

personal use.

(2) Any oil-fueled heating piece of equipment (except off-spec. oil) with a maximum rate input capacity or an 

aggregate input capacity of less than:

(a) 500,000 BTU/hour if only emissions came from fuel burning, or

(b) 1,000,000 BTU/hour if only emissions came from fuel burning and the equipment is used solely for heating buildings for personal comfort or for producing hot water for personal use.

d. Surface Coating And Printing Equipment: Any equipment or activity using no more than one gallon per day of 

surface coating or any combination of surface coating and solvent, which contains either VOC or hazardous air 

pollutants (HAPs) or both.

e. Solvent Cleaning Equipment: Any non-vapor cleaning machine (degreaser) or dip-tank having a liquid surface 

area of 1 square foot (0.09 square meters) or less, or having a maximum capacity of 1 gallon (3.79 liters) or less.

f. Internal Combustion (IC) Equipment:

(1) IC engine-driven compressors, IC engine-driven electrical generator sets, and IC engine-driven water pumps 

used only for emergency replacement or standby service (including testing of same), not to exceed 4,000 

pounds of NOx and CO at 500 hours of operation per year.

(2) Any piston-type IC engine with a manufacturer’s maximum continuous rating of no more than 50 brake horsepower (bhp).

g. Laboratories And Pilot Plants: Lab equipment used exclusively for chemical and physical analyses.

h. Storage And Distribution:

(1) Chemical or petroleum storage tanks or containers that hold 250 gallons or less and would have emissions of a 

regulated air pollutant.

(2) Any emissions unit, operation, or activity that handles or stores no more than 12,000 gallons of a liquid with a 

vapor pressure less than 1.5 psia.

(3) Any equipment used exclusively for the storage of unheated organic material with: (1) an initial boiling point 

of 150 Centigrade (C) (302 Fahrenheit (F)) or greater, as determined by ASTM D1078-11; or (2) a vapor 

pressure of no more than 5 millimeters mercury (mmHg) (0.1 pound per square inch (psi) absolute), as determined by ASTM D2879-11.

(4) Any equipment with a capacity of no more than 4,200 gallons (100 barrels) used exclusively to store oil with 

specific gravity 0.8762 or higher (30 API or lower), as measured by API test method 2547 or ASTM D1298-

12b.

(5) Any equipment used exclusively for the storage of liquefied gases in unvented pressure vessels, except for 

emergency pressure-relief valves.

(6) Any equipment used exclusively to compress or hold dry natural gas. Any ICE or other equipment associated 

with the dry natural gas should not be considered an insignificant activity, unless such ICE or other equipment 

independently qualifies as an insignificant activity.

(7) Any equipment used exclusively for the storage of fresh, commercial, or purer grade of: (1) sulfuric or phosphoric acid with acid content of no more than 99% by weight; or (2) nitric acid with acid content of no more 

than 70% by weight.
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i. Miscellaneous Activities:

(1) Any blast cleaning equipment using a suspension of abrasive material in water and the control equipment venting such blast cleaning equipment.

(2) Cooling towers: Any water cooling tower which: (1) has a circulation rate of less than 10,000 gallons per minute; and (2) is not used to cool process water, water from barometric jets, or water from barometric condensers.

(3) Batch mixers with rated capacity of 5 cubic feet or less.

(4) Wet sand and gravel production facilities that obtain material from subterranean and subaqueous beds, whose 

production rate is 200 tons per hour or less, and whose permanent in-plant roads are paved and cleaned to control dust. This does not include activities in emissions units, which are used to crush or grind any non-metallic 

minerals.

(5) Any other activity which meets all of the following requirements:

(a) Is not otherwise subject to a source-specific applicable requirement.

(b) Is not needed to determine all applicable requirements, compliance status, or fee amounts.

(c) Is approved by the Control Officer and the Administrator of the Environmental Protection Agency 

(EPA).

(d) Any brazing, soldering, welding, or cutting torch equipment used in manufacturing and construction 

activities and with the potential to emit hazardous air pollutant (HAP) metals, provided the total emissions 

of HAPs do not exceed 0.5 ton per year.

(e) Hand-held or manually operated equipment used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding, or turning of ceramic art work, precision parts, leather, 

metals, plastics, fiberboard, masonry, carbon, glass, or wood.

(f) Any aerosol can puncturing or crushing operation that processes less than 500 cans per day provided such 

operation uses a closed loop recovery system.

(g) Any laboratory fume hood or vent provided such equipment is used exclusively for the purpose of teaching, research, or quality control.

200.59200.64MAJOR MODIFICATION: Any physical change or change in the method of operation of a 

major source that would result in a significant net emissions increase of any regulated air pollutant.

a. Any net emissions increase that is significant for VOCs shall be considered significant for ozone. Any physical 

change in or change in the method of operation of a major source that would result in both a significant emissions 

increase of any regulated NSR pollutant and a significant net emissions increase of that pollutant from the stationary 

source.

b. Any emissions increase or net emissions increase that is significant for oxides of nitrogen shall be considered 

significant for ozone nonattainment areas classified as marginal, moderate, serious, or severe nitrogen oxides or 

volatile organic compounds is significant for ozone.

c. For the purposes of this definition, none of the following shall not be considered is a physical change or a change in 

the method of operation:

(1) Routine maintenance, repair, and replacement; 

(2) Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy 

Supply and Environmental Coordination Act of 1974, 15 U.S.C. §792, or by reason of a natural gas curtailment 

plan under the Federal Power Act, 16 U.S.C. §792 825r;

(3) Use of an alternative fuel by reason of an order or rule under Section 125-Measures To Prevent Economic 

Disruption Or Unemployment of the Act;

(4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid 

waste;

(5) Use of an alternative fuel or raw material by a stationary source that either:

(a) The source was capable of accommodating before December 12, 1976, unless the change would be 
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prohibited under any federally enforceable permit condition established after December 12, 1976, under 

40 CFR 52.21, or under Rule 200-Permit Requirements, Rule 210-Title V Permit Provisions, Rule 240-

Permits For New Major Sources And Major Modifications To Existing Major Sources Federal Major 

New Source Review (NSR), Rule 245-Continuous Source Emission Monitoring, and Rule 270-

Performance Tests of these rules; or

(b) The source is approved to use under any permit issued under 40 CFR 52.21, or under Rule 200-Permit 

Requirements, Rule 210-Title V Permit Provisions, Rule 240-Permits For New Major Sources And Major 

Modifications To Existing Major Sources Federal Major New Source Review (NSR), Rule 245-

Continuous Source Emission Monitoring, and Rule 270-Performance Tests of these rules;

(6) An increase in the hours of operation or in the production rate, unless the change would be prohibited under 

any federally enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, or under 

Rule 200-Permit Requirements, Rule 210-Title V Permit Provisions, Rule 240-Permits For New Major 

Sources And Major Modifications To Existing Major Sources Federal Major New Source Review (NSR), Rule 

245-Continuous Source Emission Monitoring, and Rule 270-Performance Tests of these rules;

(7) Any change in ownership at a stationary source;

(8) The addition, replacement, or use of a pollution control project at an existing electric utility steam generating 

unit, unless the Control Officer determines that the addition, replacement, or use renders the unit less 

environmentally beneficial, or except:

(a) When the Control Officer has reason to believe that the pollution control project would result in a 

significant net increase in representative actual annual emissions of any criteria pollutant over levels used 

for that source in the most recent Title I air quality impact analysis in the area, if any, and

(b) The Control Officer determines that the increase will cause or contribute to a violation of any national 

ambient air quality standard, prevention of significant deterioration (PSD) increment, or visibility 

limitation;

(9) (8)The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, if 

the project complies with:

(a) The State Implementation Plan (SIP); and

(b) Other requirements necessary to attain and maintain the national ambient air quality standards during the 

project and after it is terminated;

(10) (9)For electric utility steam generating units located in attainment and unclassified areas only, the installation or 

operation of a permanent clean coal technology demonstration project that constitutes repowering, if the 

project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This 

exemption shall apply on a pollutant-by-pollutant basis; and

(11) (10)For electric utility steam generating units located in attainment and unclassified areas only, the reactivation of a 

very clean coal-fired electric utility steam generating unit.

d. This definition shall not apply with respect to a particular regulated NSR pollutant when the major source is 

complying with the requirements of Plantwide Applicability Limitations (PALs) as described in Rule 240 of 

these rules.

200.60200.65MAJOR SOURCE: A source that meets any of the following criteria:

a. A major source as defined in Rule 240-Permits For New Major Sources And Major Modifications To Existing 

Major Sources Federal Major New Source Review (NSR) of these rules.

b. A major source under Section 112-National Emission Standards For Hazardous Air Pollutants of the Act:

(1) For pollutants other than radionuclides, any stationary source that emits or has the potential to emit, in the 

aggregate, including fugitive emissions, 10 tons per year (tpy) or more of any hazardous air pollutant which has 

been listed under Section 112(b) of the Act, 25 tpy or more of any combination of such hazardous air 

pollutants, or such lesser quantity as described in Title 18-Environmental Quality, Chapter 2-Department Of 

Environmental Quality Air Pollution Control, Article 11-Federal Hazardous Air Pollutants of the Arizona 

Administrative Code. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or 

production well (with its associated equipment) and emissions from any pipeline compressor or pump station 
County Notices According to A.R.S. § 49-112

1334 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous 

area or under common control, to determine whether such units or stations are major sources; or

(2) For radionuclides, major source shall have the meaning specified by the Administrator by rule.

c. A major stationary source, as defined in Section 302 of the Act, that directly emits or has the potential to emit, 

100 tpy or more of any air pollutant including any major source of fugitive emissions of any such pollutant. The 

fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary 

source for the purposes of Section 302(j) of the Act, unless the source belongs to one of the following categories 

of stationary source: a section 302(j) category of the Act.

Coal cleaning plants (with thermal dryers).

Kraft pulp mills.

Portland cement plants.

Primary zinc smelters.

Iron and steel mills.

Primary aluminum ore reduction plants.

Primary copper smelters.

Municipal incinerators capable of charging more than 50 tons of refuse per day.

Hydrofluoric, sulfuric, or nitric acid plants.

Petroleum refineries.

Lime plants.

Phosphate rock processing plants.

Coke oven batteries.

Sulfur recovery plants.

Carbon black plants (furnace process).

Primary lead smelters.

Fuel conversion plants.

Sintering plants.

Secondary metal production plants.

Chemical process plants.

Fossil-fuel boilers (or combination thereof) totaling more than 250 million BTU per hour heat input.

Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.

Taconite ore processing plants.

Glass fiber processing plants.

Charcoal production plants.

Fossil fuel-fired steam electric plants of more than 250 million BTU per hour rated heat input.

Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111-Standards 

Of Performance For New Stationary Sources of the Act or under Section 112-National Emission Standards For 

Hazardous Air Pollutants of the Act.

200.61200.66MAJOR SOURCE THRESHOLD: The lowest applicable emissions rate for a pollutant that would 

cause the source to be a major source, at the particular time and location, under Section 200.60-Definition Of Major 

Source the definition of “major source” of this rule.

200.62200.67MALFUNCTION: Any sudden and unavoidable failure of air pollution control equipment, process, 

or process equipment to operate in a normal and usual manner. Failures that are caused by poor maintenance, careless 

operation, or any other upset condition or equipment breakdown which could have been prevented by the exercise of 

reasonable care shall not be considered malfunctions.

200.63200.68MATERIAL PERMIT CONDITION:

a. For the purposes of ARS §49-464(G) and ARS §49-514(G), a material permit condition shall mean a condition 

which satisfies all of the following:

(1) The condition is in a permit or permit revision issued by the Control Officer or by the Director after the 
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County Notices According to A.R.S. § 49-112

effective date of this rule.

(2) The condition is identified within the permit as a material permit condition.

(3) The condition is one of the following:

(a) An enforceable emission standard imposed to avoid classification as a major modification or major source 

or to avoid triggering any other applicable requirement.

(b) A requirement to install, operate, or maintain a maximum achievable control technology or hazardous air 

pollutant reasonably available control technology required under Rule 372-Maricopa County Hazardous 

Air Pollutants (HAPs) Program of these rules.

(c) A requirement for the installation or certification of a monitoring device.

(d) A requirement for the installation of air pollution control equipment.

(e) A requirement for the operation of air pollution control equipment.

(f) An opacity standard required by Section 111-Standards Of Performance For New Stationary Sources of 

the Act or Title I-Air Pollution Prevention And Control, Part C or D, of the Act.

(4) Violation of the condition is not covered by Subsections (A) through (F) or (H) through (J) of ARS §49-464 or 

Subsections (A) through (F) or (H) through (J) of ARS §49-514.

b. For the purposes of Sections 200.63 Section 200.72(a)(3)(c), (d), and (e) of this rule, a permit condition shall not be 

material where the failure to comply resulted from circumstances which were outside the control of the source.

200.64200.69METHOD OF OPERATION: The definition of method of operation is included in Section 200.72-

Definition Of Operation the definition of “operation” of this rule.

200.70 MINOR NSR MODIFICATION: Any of the following changes that do not qualify as a major source or major 

modification:

a. Any physical change in or change in the method of operation of an emission unit or a stationary source that 

either:

(1) Increases the potential to emit of a regulated minor NSR pollutant by an amount greater than the minor NSR 

modification threshold, or

(2) Results in emissions of a regulated minor NSR pollutant not previously emitted by such emission unit or 

stationary source in an amount greater than the minor NSR modification threshold.

b. Construction of one or more new emissions units that have the potential to emit regulated minor NSR pollutants 

at an amount greater than the minor NSR modification threshold.

c. A change covered by Sections 200.70 (a) or (b) of this rule constitutes a minor NSR modification regardless of 

whether there will be a net decrease in total source emissions or a net increase in total source emissions that is 

less than the minor NSR threshold as a result of decreases in the potential to emit of other emission units at the 

same stationary source.

d. For the purposes of this definition, the following do not constitute a physical change or change in the method of 

operation:

(1) A change consisting solely of the construction of, or changes to, a combination of emissions units qualifying 

as an insignificant activity.

(2) For a stationary source that is required to obtain a Non-Title V permit under Rule 200 of these rules and that 

is subject to source-wide emissions caps under Rule 201 of these rules, a change that will not result in the 

violation of the existing emissions cap for that regulated minor NSR pollutant.

(3) Replacement of an emission unit by a unit with a potential to emit regulated minor NSR pollutants that is 

less than or equal to the potential to emit of the existing unit, provided the replacement does not cause an 

increase in emissions at other emission units at the stationary source. A unit installed under this provision is 

subject to any limits applicable to the unit it replaced.

(4) Routine maintenance, repair, and replacement.

(5) Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy 
County Notices According to A.R.S. § 49-112

1336 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

Supply and Environmental Coordination Act of 1974, 15 U.S.C. 792, or by reason of a natural gas curtailment plan under the Federal Power Act, 16 U.S.C. 792 to 825r.

(6) Use of an alternative fuel by reason of an order or rule under Section 125 of the Act.

(7) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal 

solid waste.

(8) Use of an alternative fuel or raw material by a stationary source that either:

(a) The source was capable of accommodating before December 12, 1976, unless the change would be 

prohibited under any federally enforceable permit condition established after December 12, 1976, 

under 40 CFR 52.21, or under Rules 210, 220, 240, or 241 of these rules; or

(b) The source is approved to use under any permit issued under 40 CFR 52.21, or under Rules 210, 220, or 

240 these rules.

(9) An increase in the hours of operation or in the production rate, unless the change would be prohibited under 

any federally enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, or 

under Rules 210, 220, 240, or 241 of these rules.

(10) Any change in ownership at a stationary source.

e. For purposes of this definition:

(1) “Potential to emit” means the lower of a source’s or emission unit’s potential to emit or its allowable emissions.

(2) In determining potential to emit, the fugitive emissions of a stationary source shall not be considered unless 

the source belongs to a section 302(j) category.

(3) All of the roadways located at a stationary source constitute a single emissions unit.

f. Minor NSR Modification Threshold: For the purposes of this definition, “minor NSR modification threshold” is 

defined as: For a regulated minor NSR pollutant, the following applies:

200.71 MOBILE SOURCE: Any combustion engine, device, machine or equipment that operates during transport and that 

emits or generates air contaminants whether in motion or at rest.

200.65200.72MODIFICATION: A physical change in or a change in the method of operation of a source which increases the actual 

emissions of any regulated air pollutant emitted by such source by more than any relevant de minimis amount, or which 

results in the emission of any regulated air pollutant not previously emitted by more than such de minimis amount. An 

increase in emissions at a minor source shall be determined by comparing the source’s potential to emit before and 

after the modification. The following exemptions apply:

a. A physical or operational change does not include routine maintenance, repair or replacement.

b. An increase in the hours of operation or if the production rate is not considered an operational change unless such 

increase is prohibited under any permit condition that is legally and practically enforceable by the department.

c. A change in ownership at a source is not considered a modification.

200.68200.73NATIONAL AMBIENT AIR QUALITY STANDARD (NAAQS): The ambient air pollutant concentration limits established by the administrator pursuant to Section 109 of the Clean Air Act.

200.66200.74NET EMISSIONS INCREASE: For the purposes of Rule 240, Sections 305 and 306 of these rules, a net 

emissions increase shall be defined by the federal regulations incorporated by reference. For the purposes of Rule 220, a 

Pollutant Uncontrolled Emission Rate In Tons Per Year (TPY)

PM2.5 5.0

(primary emissions only; levels for precursors are set below)

PM10 5.0

SO2 5.0

NOx 5.0

VOC 5.0

CO 5.0

Pb 0.3
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County Notices According to A.R.S. § 49-112

net emissions increase shall be an emissions increase for a particular modification plus any other increases and decreases 

in actual emissions at the facility that are creditable and contemporaneous with the particular modification where:

a. The amount by which the sum of Section 200.66(a)(1) and Section 200.66(a)(2) below exceed zero: A creditable 

increase or decrease in actual emissions is contemporaneous with a particular modification if it occurs between 

the date five (5) years before the commencement of construction or modification on the particular change and the 

date that the increase from the particular modification occurs. Any replacement unit that requires shakedown 

becomes operational only after a reasonable shakedown period, not to exceed 180 days.

(1) Any increase in actual emissions from a particular physical change or change in the method of operation at a 

stationary source; and

(2) Any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.

b. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only 

if it occurs between: A decrease in actual emissions is creditable only if it satisfies the requirements for emission 

reduction credits in Rule 204 of these rules and has approximately the same qualitative significance for public 

health and welfare as that attributed to the increase from the particular modification, and is federally enforceable 

at and after the time that construction of the modification commences.

(1) The date five years before construction on the particular change commences; and

(2) The date that the increase from the particular change occurs.

c. An increase or decrease in actual emissions is creditable only if the Control Officer has not relied on it in issuing 

a permit, which is in effect when the increase in actual emissions from the particular change occurs. In addition, 

in nonattainment areas, a decrease in actual emissions shall be considered in determining net emissions increase 

due to modifications only if the State has not relied on it in demonstrating attainment or reasonable further progress.

d. An increase or decrease in actual emissions of sulfur dioxide, nitrogen oxides, or particulate matter which occurs 

before the applicable baseline date, as described in Rule 500-Attainment Area Classification of these rules, is 

creditable only if it is required to be considered in calculating the amount of maximum allowable increases 

remaining available.

e. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the 

old level.

f. A decrease in actual emissions is creditable only to the extent that:

(1) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the 

new level of actual emissions;

(2) The emissions unit was actually operated and emitted the specific pollutant;

(3) It is federally enforceable at and after the time that actual construction on the particular change begins; and

(4) It has approximately the same qualitative significance for public health and welfare as that attributed to the 

increase from the particular change.

g. An increase that results from a physical change at a source occurs when the emissions unit on which construction 

occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

200.67200.75NEW SOURCE: Any source that is not an existing source.

200.68200.76NITROGEN OXIDES (NOX): All oxides of nitrogen except nitrous oxide, as measured by test methods 

set forth in the Appendices to 40 CFR 60.

200.69200.77NONATTAINMENT AREA: An area so designated by the Administrator, acting under Section 107-Air 

Quality Control Regions of the Act, as exceeding national primary or secondary ambient air standards for a particular 

pollutant or pollutants.

200.70200.78NON-PRECURSOR ORGANIC COMPOUND: Any of the organic compounds that have been 

designated by the EPA as having negligible photochemical reactivity as listed in Appendix G of these rules.
County Notices According to A.R.S. § 49-112

1338 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

200.71200.79OPEN OUTDOOR FIRE: Any combustion of material of any type outdoors, where the products of 

combustion are not directed through a flue.

200.72200.80OPERATION: Any physical action resulting in a change in the location, form, or physical properties of a 

material, or any chemical action resulting in a change in the chemical composition or properties of a material.

200.73200.81ORGANIC COMPOUND: Any compound of carbon, excluding carbon monoxide, carbon dioxide, 

carbonic acid, metallic carbides or carbonates, and ammonium carbonate.

200.74200.82ORGANIC LIQUID: Any organic compound which exists as a liquid under any actual conditions of use, 

transport, or storage.

200.75200.83OWNER AND/OR OPERATOR: Any person who owns, leases, operates, controls, or supervises an 

affected facility or a stationary source. of which an affected facility is a part.

200.76200.84PARTICULATE MATTER: Any material, except condensed water containing no more than analytical 

trace amounts of other chemical elements or compounds, which has a nominal aerodynamic diameter smaller than 100 

microns (micrometers) and which exists in a finely divided form as a liquid or solid at actual conditions.

200.77200.85PERMITTING AUTHORITY: The department or a County department, or agency, or air pollution 

control district that is charged with enforcing a permit program adopted under ARS §49-480, Subsection A.

200.86 PERMITTING THRESHOLD: For a regulated air pollutant, the following applies:

200.78 200.87PERSON: Any individual, public or private corporation, company, partnership, firm, association or society of persons, the 

Federal Government and any of its departments or agencies, or the State and any of its agencies, departments or political 

subdivisions, as well as a natural person.

200.79 200.88PHYSICAL CHANGE: Any replacement, addition, or alteration of equipment that is not already allowed under the terms of 

the source's permit.

200.89 PLANNING AGENCY: An organization designated by the governor pursuant to 42 U.S.C. 7504.

200.80200.90PM2.5: Particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 microns (micrometers), as 

measured by the applicable State and Federal Reference Test Methods.

200.81200.91PM10: Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 microns (micrometers), as 

measured by the applicable State and Federal Reference Test Methods.

200.82200.92POLLUTANT: An air contaminant the emissions or ambient concentration of which is regulated under these rules.

200.83 POLLUTION CONTROL PROJECT: Any activity or project undertaken at an existing electric utility steam generating 

unit to reduce emissions from the unit. The activities or projects are limited to:

a. The installation of conventional or innovative pollution control technology, including but not limited to advanced 

flue gas desulfurization, sorbent injection for sulfur dioxide and nitrogen oxides controls, and electrostatic 

precipitators;

b. An activity or project to accommodate switching to a fuel less polluting than the fuel used before the activity or 

project, including but not limited to natural gas or coal reburning, or the co-firing of natural gas and other fuels for 

the purpose of controlling emissions;

Pollutant Uncontrolled Emission Rate

In Tons Per Year (TPY)

PM2.5 0.5

(primary emissions only; levels for precursors are set below)

PM10 0.5

SO2 1.0

NOx 1.0

VOC 0.5

CO 1.0

Pb 0.3

Single HAP (other than Pb) 0.5

Total HAPs 1.0

Any other regulated air pollutant 1.0
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County Notices According to A.R.S. § 49-112

c. A permanent clean coal technology demonstration project, conducted under Title II, Section 101(d) of the Further 

Continuing Appropriation Act of 1985 (42 U.S.C. 5903(d)) or subsequent appropriations up to a total amount of 

$2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through 

appropriations for the EPA; or

d. A permanent clean coal technology demonstration project that constitutes a repowering project.

200.84200.93PORTABLE SOURCE: Any stationary source that is capable of being transported and operated in more 

than one county of this state.

200.85200.94POTENTIAL TO EMIT (PTE): The maximum capacity of a stationary source to emit pollutants, 

excluding secondary emissions, under its physical and operational design. Any physical or operational limitation on the 

capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation 

or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design, if the limitation

or the effect it would have on emissions is federally legally and practically enforceable by the Department or a county 

under A.R.S. Title 49, Chapter 3; any rule, ordinance, order or permit adopted or issued under A.R.S. Title 49, Chapter 

3 or the state implementation plan.

200.86200.95PROPOSED PERMIT: The version of a permit for which the Control Officer offers public participation 

under Rule 210-Title V Permit Provisions or Rule 220-Non-Title V Permit Provisions of these rules or offers affected 

State review under Rule 210-Title V Permit Provisions of these rules.

200.87200.96PROPOSED FINAL PERMIT / PROPOSED FINAL PERMIT REVISION: The version of a NonTitle V permit or permit revision that the Control Officer proposes to issue in compliance with Rule 220-Non-Title V 

Permit Provisions of these rules or a Title V permit or permit revision that the Control Officer proposes to issue and 

forwards to the Administrator for review, in compliance with Rule 210-Title V Permit Provisions of these rules. A 

proposed final permit/proposed final permit revision constitutes a final authorization to begin actual construction of, but 

not to operate, a new Title V source or a modification to a Title V source.

200.97 PUBLIC NOTICE THRESHOLD: For a regulated air pollutant, the following applies:

200.88 200.98QUANTIFIABLE: With respect to emissions, including the emissions involved in equivalent emission limits and emission 

trades, capable of being measured or otherwise determined in terms of quantity and assessed in terms of character. 

Quantification may be based on emission factors, stack tests, monitored values, operating rates and averaging times, 

materials used in a process or production, modeling, or other reasonable measurement practices.

200.89 200.99REACTIVATION OF A VERY CLEAN COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNIT: Any 

physical change or change in the method of operation, associated with commencing commercial operations by a coalfired utility unit after a period of discontinued operation, if the unit:

a. Has not been in operation for the 2-year period before enactment of the Clean Air Act Amendments of 1990 and the 

emissions from the unit continue to be carried in the Maricopa County emissions inventory at the time of enactment;

b. Was equipped before shutdown with a continuous system of emissions control that achieves a removal efficiency for 

sulfur dioxide of no less than 85% and a removal efficiency for particulates of no less than 98%;

c. Is equipped with low nitrogen oxides (NOx) burners before commencement of operations following reactivation; 

and

d. Is otherwise in compliance with the Act.

Pollutant Public Notice Threshold TPY

(New Or Permit Renewals)

Public Notice Threshold TPY

(PTE To PTE Emission Increase)

VOC 25 25

NOx 25 25

SO2 25 25

PM10 7.5 7.5

PM2.5 5.0 5.0

(primary emissions only; levels for precursors are set above)

CO 50 50

Pb 0.3 0.3

Any Single HAP 5.0 5.0

Total HAPs 12.5 12.5
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1340 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

200.100 REASONABLE FURTHER PROGRESS: The schedule of emission reductions defined within a nonattainment area 

plan as being necessary to come into compliance with a national ambient air quality standard by the primary standard 

attainment date.

200.90200.101REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT): For facilities subject to Regulation IIIControl Of Air Contaminants of these rules, the emissions limitation of the existing source performance standard. For 

facilities not subject to Regulation III-Control Of Air Contaminants of these rules, the lowest emission limitation that a 

particular source is capable of achieving by the application of control technology that is reasonably available considering 

technological and economic feasibility. Such technology may previously have been applied to a similar, but not 

necessarily identical, source category. RACT for a particular facility, other than a facility subject to Regulation IIIControl Of Air Contaminants of these rules, is determined on a case-by-case basis, considering the technological 

feasibility and cost-effectiveness of the application of the control technology to the source category.

200.91200.102REFERENCE METHOD: Any of the methods of sampling and analyzing for an air pollutant as described in the Arizona Testing Manual for Air Pollutant Emissions; 40 CFR 50, Appendices A through L; 40 CFR 51, Appendix M; 40 

CFR 52, Appendices D and E; 40 CFR 60, Appendices A through F; and 40 CFR 61, Appendices B and C, as incorporated by reference in Appendix G of these rules.

200.92200.103REGULATED AIR POLLUTANT: Any of the following:

a. Any conventional air pollutant. as defined in ARS §49-401.01, which means any pollutant for which the 

Administrator has promulgated a primary or a secondary national ambient air quality standard (NAAQS) (i.e., for 

carbon monoxide (CO), nitrogen oxides (NOX), lead, sulfur oxides (SOX) measured as sulfur dioxides (SO2), ozone, 

and particulates).

b. Nitrogen oxides (NOX) and volatile organic compounds (VOCs).

c. Any air contaminant that is subject to a standard contained in Rule 360-New Source Performance Standards of these 

rules or promulgated under Section 111-Standards Of Performance For New Stationary Sources of the Act.

d. Any hazardous air pollutant (HAP) as defined in Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) 

Program of these rules.

e. Any Class I or II substance listed in Section 602-Stratospheric Ozone Protection; Listing Of Class I And Class II 

Substances of the Act.

200.104 REGULATED MINOR NSR POLLUTANT: Any pollutant for which a national ambient air quality standard has been 

promulgated and the following precursors for such pollutants:

a. VOC and nitrogen oxides as precursors to ozone.

b. Nitrogen oxides and sulfur dioxide are precursors to PM2.5.

200.105 REGULATED NSR POLLUTANT:

a. Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified 

under this definition as a constituent or precursor to such pollutant. Precursors for purposes of NSR are the 

following:

(1) VOCs and nitrogen oxides are precursors to ozone in all areas.

(2) Sulfur dioxide is a precursor to PM2.5 in all areas.

(3) Nitrogen oxides are precursors to PM2.5 in all areas.

b. Any pollutant that is subject to any standard promulgated under Section 111-Standards Of Performance For New 

Stationary Sources of the Act.

c. Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Act as of July 

1, 2011.

d. Notwithstanding Sections 200.105(a)-(c) of this rule, the term regulated NSR pollutant shall not include any or 

all hazardous air pollutants listed in CAA Section 111, unless the listed hazardous air pollutant is also regulated 

as a constituent or precursor of a general pollutant listed under Section 108 of the Act as of July 1, 2010.

e. Particulate matter emissions, PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a 
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County Notices According to A.R.S. § 49-112

source or activity which condense to form particulate matter at ambient temperatures. On and after January 1, 

2011, condensable particulate matter shall be accounted for in applicability determinations and in establishing 

emissions limitations for particulate matter, PM2.5 and PM10 in permits issued under Rule 240-Federal Major 

New Source Review (NSR) of these rules.

200.93200.106REGULATORY REQUIREMENTS: All applicable requirements, department rules, and all State 

requirements pertaining to the regulation of air contaminants.

200.94200.107REPLICABLE: With respect to methods or procedures sufficiently unambiguous such that the same or 

equivalent results would be obtained by the application of the method or procedure by different users.

200.95200.108REPOWERING: The Control Officer shall give expedited consideration to permit applications for any 

source that satisfies the following criteria and that is granted an extension under Section 409-Repowered Sources of the 

Act:

a. Repowering means replacing an existing coal-fired boiler with one of the following clean coal technologies:

(1) Atmospheric or pressurized fluidized bed combustion;

(2) Integrated gasification combined cycle;

(3) Magnetohydrodynamics;

(4) Direct and indirect coal-fired turbines;

(5) Integrated gasification fuel cells; or

(6) As determined by the Administrator, in consultation with the United States Secretary of Energy, a derivative of 

one or more of the above listed technologies; and

(7) Any other technology capable of controlling multiple combustion emissions simultaneously with improved 

boiler or generation efficiency and with significantly greater waste reduction relative to the performance of 

technology in widespread commercial use as of November 15, 1990.

b. Repowering also includes any oil, gas, or oil and gas-fired units which have been awarded clean coal technology 

demonstration funding as of January 1, 1991 by the United States Department of Energy.

200.96 REPRESENTATIVE ACTUAL ANNUAL EMISSIONS: The average rate, in tons per year, at which the source is 

projected to emit a pollutant for the 2-year period after a physical change or change in the method of operation of a unit 

(or a different consecutive 2-year within 10 years after that change, if the Control Officer determines that the different 

period is more representative of source operations), considering the effect the change will have on increasing or 

decreasing the hourly emission rate and on projected capacity utilization. In projecting future emissions, the Control 

Officer shall:

a. Consider all relevant information, including but not limited to historical operational data, the company’s 

representations, filings with the Maricopa County, State or Federal regulatory authorities, and compliance plans 

under Title IV-Acid Deposition Control of the Act; and

b. Exclude, in calculating any increase in emissions that result from the particular physical change or change in the 

method of operation at an electric utility steam generating unit, that portion of the unit’s emissions, following the 

change, that could have been accommodated during the representative baseline period and that is attributable to an 

increase in projected capacity utilization at the unit unrelated to the particular change, including any increased 

utilization due to the rate of electricity demand growth for the utility system as a whole.

200.97200.109RESPONSIBLE OFFICIAL: One of the following:

a. For a corporation: A president, secretary, treasurer, or vice-president of the corporation in charge of a principal 

business function, or any other person who performs similar policy or decision-making functions for the 

corporation, or a duly authorized representative of such person if the representative is responsible for the overall 

operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and 

either;

(1) The sources employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million 

(in second quarter 1980 dollars); or

(2) The delegation of authority to such representatives is approved in advance by the permitting authority;
County Notices According to A.R.S. § 49-112

1342 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

b. For a partnership or sole proprietorship: A general partner or the proprietor, respectively;

c. For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected 

official. For the purposes of this rule, a principal executive officer of a Federal agency includes the chief executive 

officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional 

Administrator); or

d. For affected sources:

(1) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV-Acid 

Deposition Control of the Act or the regulations promulgated thereunder are concerned; and

(2) The designated representative for any other purposes under 40 CFR, Part 70.

200.98200.110SCHEDULED MAINTENANCE: Preventive maintenance undertaken in order to avoid a potential 

breakdown or upset of air pollution control equipment.

200.111 SCREEN MODEL: The AERSCREEN air dispersion model published by the Administrator in April 2011 and available on the Support Center for Regulatory Atmospheric Modeling web site: http://www.epa.gov/ttn/scram.

200.112 SECTION 302(J) CATEGORY:

a. Any of the classes of sources listed in the definition of “categorical sources” of this rule; or

b. Any category of affected facility which, as of August 7, 1980, is being regulated under Section 111 or 112 of the 

Act.

200.99200.113SIGNIFICANT:

a. In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a A rate 

of emissions that would equal or exceed any one of the following rates:

b. In ozone nonattainment areas classified as serious or severe, significant emissions of nitrogen oxides and VOC shall 

be determined under Rule 240-Permit Requirements For New Major Sources And Major Modifications To Existing 

Major Sources Federal Major New Source Review (NSR) of these rules.

c. In a carbon monoxide nonattainment area classified as serious, a rate of emissions that would equal or exceed 50 

tons per year, if the Administrator has determined that stationary sources contribute significantly to carbon 

monoxide levels in that area.

c. d.In reference to For a regulated air NSR pollutant that is not listed in Section 200.99(a) Section 200.113(a) of this rule, 

any emission rate. is not a Class I nor a Class II substance listed in Section 602-Listing Of Class I And Class II 

Substances of the Act and is not a hazardous air pollutant according to Rule 372-Maricopa County Hazardous Air 

Pollutants (HAPs) Program of these rules, any emissions rate.

Pollutant Emissions Rate (TPY)

Carbon Monoxide 100

Nitrogen Oxides 40

Sulfur Dioxide 40

Particulate Matter 25

PM10 15

PM2.5 10

10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of

nitrogen oxide emissions.

VOC 40

Lead 0.6

Fluorides 3

Sulfuric Acid Mist 7

Hydrogen Sulfide (H2S) 10

Total Reduced Sulfur (including hydrogen sulfide) 10

Reduced Sulfur Compounds (including hydrogen sulfide) 10

Municipal waste combustor organics (measured as total tetra-through- octa-chlorinated:

 dibenzo-p-dioxins and dibenzofurans)

3.5 x 10-6

Municipal waste combustor metals (measured as particulate matter) 15

Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride) 40

Municipal solid waste landfill emissions (measured as nonmethane organic compounds) 50
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d. e.Notwithstanding the emission amount rates listed in Section 200.99(a) Section 200.113(a) of this rule, any emissions 

rate or any net emissions increase associated with a major source or major modification, which would be 

constructed within 10 kilometers (6.2 miles) of a Class I area and which would have an impact on the ambient air 

quality of such area equal to or greater than 1 microgram/cubic meter (mg/m3) (μg/m3

) (24-hour average).

200.100200.114SOLVENT-BORNE COATING MATERIAL: Any liquid coating-material in which the solvent is 

primarily or solely a VOC. For the purposes of this definition, “primarily” means that of the total solvent mass that 

evaporates from the coating, the VOC portion weighs more than the non-VOC portion.

200.101200.115SOURCE: Any building, structure, facility, or installation that may cause or contribute to air pollution or 

the use of which may eliminate, reduce or control the emission of air pollution.

200.102200.116SPECIAL INSPECTION WARRANT: An order, in writing, issued in the name of the State of Arizona, 

signed by a magistrate, directed to the Control Officer or his deputies authorizing him to enter into or upon public or 

private property for the purpose of making an inspection authorized by law.

200.103200.117STANDARD CONDITIONS: A temperature of 293K (68 degrees Fahrenheit or 20 degrees Celsius) and a 

pressure of 101.3 kilopascals (29.92 in.Hg or 1013.25 mb). When applicable, all analyses and tests shall be calculated and 

reported at standard gas temperatures and pressure values.

200.104200.118STATE IMPLEMENTATION PLAN (SIP): The plan adopted by the State Of Arizona which provides 

for implementation, maintenance, and enforcement of such primary and secondary ambient air quality standards as are 

adopted by the Administrator under the Act. The accumulated record of enforceable air pollution control measures, programs and plans adopted by the Director and submitted to and approved by the Administrator pursuant to 42 U.S.C. 

7410.

200.105200.119STATIONARY SOURCE: Any source that operates at a fixed location and that emits or generates regulated air pollutants. Any building, structure, facility or installation subject to regulation pursuant to A.R.S.§ 49-426(A) 

which emits or may emit any air pollutant. “Building,” “structure,” “facility,” or “installation” means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent 

properties, and are under the control of the same person or persons under common control. Pollutant emitting activities 

shall be considered as part of the same industrial grouping if they belong to the same “Major Group” as described in 

the “Standard Industrial Classification Manual, 1987.

200.120 SUBCONTRACTOR: Any person, firm, partnership, corporation, association, or other organization that conducts work 

at a site under contract with or under the control or supervision of the owner and/or operator or another subcontractor.

200.106200.121SYNTHETIC MINOR: Any source whose maximum capacity to emit a pollutant under its physical and operational 

design would exceed the major source threshold levels but is restricted by an enforceable emissions limitation that 

prevents such source from exceeding major source threshold levels.

200.107200.122TEMPORARY CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT: A clean coal technology 

demonstration project operated for five years or less and that complies with the SIP applicable implementation plan and 

other requirements necessary to attain and maintain the national ambient air quality standards during the project and after 

the project is terminated.

200.108200.123TITLE V: Title V of the Federal Clean Air Act as amended in 1990 and the 40 CFR Part 70 EPA regulations adopted 

to implement the Act.

200.109200.124TOTAL REDUCED SULFUR (TRS): The sum of the sulfur compounds, primarily hydrogen sulfide, methyl 

mercaptan, dimethyl sulfide, and dimethyl disulfide, that are released during kraft pulping and other operations and 

measured by Method 16 in 40 CFR 60, Appendix A.

200.110200.125TRADE SECRETS: Information to which all of the following apply:

a. A person has taken reasonable measures to protect from disclosure and the person intends to continue to take such 

measures.

b. The information is not, and has not been, reasonably obtainable without the person’s consent by other persons, other 

than governmental bodies, by use of legitimate means, other than discovery based on a showing of special need in a 

judicial or quasi-judicial proceeding.

c. No statute, including ARS §49-487, specifically requires disclosure of the information to the public.

d. The person has satisfactorily shown that disclosure of the information is likely to cause substantial harm to the busi-
County Notices According to A.R.S. § 49-112

1344 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

ness’s competitive position.

200.111200.126TRIVIAL ACTIVITY: For the purpose of this rule, a trivial activity shall be any activity, process, or 

emissions unit that, in addition to meeting the criteria for insignificant activity, has extremely low emissions. No activity, process, or emissions unit that is conducted as part of a manufacturing process or is related to the source’s primary 

business activity shall be considered trivial. Trivial activities are listed in Appendix E of these rules and may be omitted from Title V permit applications and from Non-Title V permit applications. Any of the following activities:

a. General Combustion Activities: Combustion emissions from propulsion of mobile sources, except for vessel 

emissions from outer continental shelf sources.

b. Surface Coating And Printing Equipment: Equipment used for surface coating, painting, dipping or spraying 

operations, except those that will emit volatile organic compounds (VOC) or hazardous air pollutants (HAPs).

c. Cleaning Equipment: Laundry activities, except for dry-cleaning and steam boilers.

d. Internal Combustion Equipment:

(1) Internal combustion (IC) engines used for landscaping purposes.

(2) Emergency (backup) electrical generators at residential locations.

e. Testing And Monitoring Equipment:

(1) Routine calibration and maintenance of laboratory equipment or other analytical instruments.

(2) Equipment used for quality control/assurance or inspection purposes, including sampling equipment used to 

withdraw materials for analysis.

(3) Hydraulic and hydrostatic testing equipment.

(4) Environmental chambers not using HAP gases.

(5) Shock chambers.

(6) Humidity chambers.

(7) Solar simulators.

(8) Vents from continuous emissions monitors and other analyzers.

f. Office Equipment:

(1) Air-conditioning units used for human comfort that do not have applicable requirements under Title VI of the 

Act.

(2) Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing/industrial or commercial process.

(3) Consumer use of office equipment and products, not including printers or businesses primarily involved in 

photographic reproduction.

(4) Bathroom/toilet vent emissions.

(5) Tobacco smoking rooms and areas.

(6) Consumer use of paper trimmers/binders.

g. Repair And Maintenance:

(1) Janitorial services and consumer use of janitorial products.

(2) Plant maintenance and upkeep activities (e.g., groundskeeping, general repairs, cleaning, painting, welding, 

plumbing, re-tarring roofs, installing insulation, and paving parking lots), provided these activities are not conducted as part of a manufacturing process, are not related to the source’s primary business activity, and not otherwise triggering a permit modification. Cleaning and painting activities qualify, if they are not subject to VOC 

or HAP control requirements. Asphalt batch plant owners and/or operators must still get a permit, if otherwise 

required.

(3) Repair or maintenance shop activities not related to the source’s primary business activity (excluding emissions from surface coating or degreasing (solvent metal cleaning) activities) and not otherwise triggering a per-
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County Notices According to A.R.S. § 49-112

mit modification.

h. Storage And Distribution:

(1) Storage tanks, vessels, containers holding or storing liquid substances that will not emit any VOC or HAPs. 

Exemptions for storage tanks containing petroleum liquids or other VOCs should be based on size limits and 

vapor pressure of liquids stored and are not appropriate for this list.

(2) Demineralized water tanks and demineralizer vents.

(3) Boiler water treatment operations, not including cooling towers.

i. Hand Operated Equipment:

(1) Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, 

metal, or plastic.

(2) Hand-held applicator equipment for hot melt adhesives with no VOC in the adhesive formulation.

(3) Portable electrical generators that can be moved by hand from one location to another. “Moved by hand” 

means that it can be moved without the assistance of any motorized or non-motorized vehicle, conveyance, or 

device.

(4) Air compressors and pneumatically operated equipment, including hand tools.

j. Food Equipment: Non-commercial food preparation.

k. Water And Waste Water Treatment:

(1) Process water filtration systems and demineralizers.

(2) Oxygen scavenging (de-aeration) of water.

l. Emergency Equipment:

(1) Fire suppression systems.

(2) Emergency road flares.

200.112200.127UNCLASSIFIED AREA: An area which the Administrator, because of lack of adequate data, is 

unable to classify as an attainment or nonattainment area for a specific pollutant. For purposes of these rules, unclassified 

areas are to be treated as attainment areas.

200.113200.128VOLATILE ORGANIC COMPOUND (VOC): Any organic compound which participates in 

atmospheric photochemical reactions, except the non-precursor organic compounds.

SECTION 300 - STANDARDS

301 AIR POLLUTION PROHIBITED: No person shall discharge from any source whatever into the atmosphere regulated air 

pollutants which exceed in quantity or concentration that specified and allowed in these rules, the Arizona Administrative Code AAC

or ARS, or which cause damage to property, or unreasonably interfere with the comfortable enjoyment of life or property of a 

substantial part of a community, or obscure visibility, or which in any way degrade the quality of the ambient air below the standards 

established by the Board Of Supervisors or the Director.

302 APPLICABILITY OF MULTIPLE RULES: Whenever more than one standard in this rule applies to any source or whenever a 

standard in this rule and a standard in the Maricopa County Air Pollution Control Regulations Regulation III-Control Of Air 

Contaminants applies to any source, the rule or combination of rules resulting in the lowest rate or lowest concentration of regulated 

air pollutants released to the atmosphere shall apply, unless otherwise specifically exempted or designated.

SECTION 400 - ADMINISTRATIVE REQUIREMENTS

401 CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS: Any application form or report submitted under these 

rules shall contain certification by a responsible official of truth, accuracy, and completeness of the application form or report as of the 

time of submittal. This certification and any other certification required under these rules shall state that, based on information and 

belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
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1346 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

402 CONFIDENTIALITY OF INFORMATION:

402.1 The Control Officer shall make all permits, including all elements required to be in the permit under Rule 210-Title V 

Permit Provisions of these rules and Rule 220-Non-Title V Permit Provisions of these rules, available to the public.

402.2 Any records, reports, or information obtained from any person under these rules shall be available to the public, unless 

the Control Officer has notified the person in writing as specified in Section 402.3 of this rule and unless a person:

a. Precisely identifies the information in the permit(s), records, or reports, which is considered confidential.

b. Provides sufficient supporting information to allow the Control Officer to evaluate whether such information 

satisfies the requirements related to trade secrets as defined in Section 200.110 of this rule.

402.3 Within 30 days of receipt of a notice of confidentiality that complies with Section 402.2 of this rule, the Control Officer 

shall make a determination as to whether the information satisfies the requirements for trade secrets as described in 

Section 200.110 of this rule and so notify the applicant in writing. If the Control Officer agrees with the applicant that the 

information covered by the notice of confidentiality satisfies the statutory requirements, the Control Officer shall include 

a notice in the administrative record of the permit application that certain information has been considered confidential.

402.4 A claim of confidentiality shall not excuse a person from providing any and all information required or requested by the 

Control Officer.

402.5 A claim of confidentiality shall not be a defense for failure to provide such information.

SECTION 500 - MONITORING AND RECORDS

501 REPORTING REQUIREMENTS: The owner and/or operator of any air pollution source shall maintain records of all emissions 

testing and monitoring, records detailing all malfunctions which may cause any applicable emission limitation to be exceeded, records 

detailing the implementation of approved control plans and compliance schedules, records required as a condition of any permit,

records of materials used or produced, and any other records relating to the emission of air contaminants which may be requested by 

the Control Officer.

502 DATA REPORTING: When requested by the Control Officer, a person shall furnish to the Department information to locate and 

classify air contaminant sources according to type, level, duration, frequency, and other characteristics of emissions and such other 

information as may be necessary. This information shall be sufficient to evaluate the effect on air quality and compliance with these 

rules. The owner and/or operator of a source requested to submit information under Section 501 of this rule may subsequently be

required to submit annually, or at such intervals specified by the Control Officer, reports detailing any changes in the nature of the 

source since the previous report and the total annual quantities of materials used or air contaminants emitted.

503 EMISSION STATEMENTS REQUIRED AS STATED IN THE ACT: Upon request of the Control Officer and as directed by the 

Control Officer, the owner and/or operator of any source which emits or may emit oxides of nitrogen (NOx) or volatile organic 

compounds (VOC) shall provide the Control Officer with an emission statement, in such form as the Control Officer prescribes, 

showing measured actual emissions or estimated actual emissions of NOx and VOC from that source. At a minimum, the emission 

statement shall contain all information required by the Consolidated Emissions Reporting Rule Air Emissions Reporting 

Requirements in 40 CFR 51, Subpart A, Appendix A, Table 2A, which is incorporated by reference in Appendix G of these rules. The 

statement shall contain emissions for the time period specified by the Control Officer. The statement shall also contain a certification 

by a responsible official of the company that the information contained in the statement is accurate to the best knowledge of the 

individual certifying the statement. Statements shall be submitted annually to the Department. The Control Officer may waive this 

requirement for the owner and/or operator of any source which emits less than 25 tons per year of oxides of nitrogen or volatile 

organic compounds with an approved emission inventory for sources based on AP-42 or other methodologies approved by the 

Administrator.

504 RETENTION OF RECORDS: Information and records required by applicable requirements and copies of summarizing reports 

recorded by the owner and/or operator and submitted to the Control Officer shall be retained by the owner and/or operator for five 

years after the date on which the information is recorded or the report is submitted. Non-Title V sources may retain such information, 

records, and reports for less than five years, if otherwise allowed by these rules.

505 ANNUAL EMISSIONS INVENTORY REPORT:

505.1 Upon request of the Control Officer and as directed by the Control Officer, the owner and/or operator of a business shall 
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County Notices According to A.R.S. § 49-112

complete and shall submit to the Control Officer an annual emissions inventory report. The report is due by April 30, or 

90 days after the Control Officer makes the inventory form(s) available, whichever occurs later. These requirements 

apply whether or not a permit has been issued and whether or not a permit application has been filed.

505.2 The annual emissions inventory report shall be in the format provided by the Control Officer.

505.3 The Control Officer may require submittal of supplemental emissions inventory information forms for air contaminants 

under ARS §49-476.01, ARS §49-480.03, and Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of 

these rules

REGULATION II – PERMITS AND FEES

RULE 200

PERMIT REQUIREMENTS

INDEX

SECTION 100 – GENERAL

101 PURPOSE

102 APPLICABILITY

SECTION 200 – DEFINITIONS (NOT APPLICABLE)

201GOOD ENGINEERING PRACTICE (GEP) STACK HEIGHT

SECTION 300 – STANDARDS

301 PERMITS REQUIRED

302 TITLE V PERMIT

303 NON-TITLE V PERMIT

304 304GENERAL PERMIT 

305 EXEMPTIONS

305 306DUST CONTROL PERMIT

306 307SUBCONTRACTOR REGISTRATION

307 308PERMIT TO BURN

308 EXEMPTIONS

309STANDARDS FOR APPLICATIONS

310PERMIT CONDITIONS

311PROHIBITION-PERMIT MODIFICATION

312PERMIT POSTING REQUIRED

313TRANSITION FROM INSTALLATION AND OPERATING PERMIT PROGRAM TO UNITARY PERMIT PROGRAM

314ACCELERATED PERMITTING

315STACK HEIGHT PROVISIONS

SECTION 400 – ADMINISTRATIVE REQUIREMENTS

401 APPROVAL OR DENIAL OF PERMIT OR PERMIT REVISION

402 PERMIT REOPENINGS; REVOCATION AND REISSUANCE; TERMINATION

403 PERMIT RENEWAL AND EXPIRATION

404 PERMIT TRANSFERS

405 PERMITS CONTAINING THE TERMS AND CONDITIONS OF FEDERAL DELAYED COMPLIANCE 
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1348 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

ORDERS (DCO) OR CONSENT DECREES

406 APPEAL

407 AIR QUALITY IMPACT MODELS

408 TESTING PROCEDURES

409 PERMIT FEES

410 PORTABLE SOURCES

411 PUBLIC RECORDS; CONFIDENTIALITY

Revised 07/13/88

Repealed and Adopted 11/15/93

Revised 02/15/95

Revised 06/19/96

Revised 05/20/98

Revised 08/22/01

Revised 03/26/08

Revised 07/13/1988; Repealed and Adopted 11/15/1993; Revised 02/15/1995; Revised 06/19/1996; Revised 05/20/1998; Revised 08/22/

2001; Revised 03/26/2008; Revised xx/xx/xxxx

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION II – PERMITS AND FEES

RULE 200

PERMIT REQUIREMENTS

SECTION 100 – GENERAL

101 PURPOSE: To provide an orderly procedure for the review of new sources of air pollution and for the modification and operation of existing sources through the issuance of permits.

102 APPLICABILITY: Unless otherwise noted, this rule applies to each source requiring a permit or permit revision.

SECTION 200 – DEFINITIONS: (NOT APPLICABLE) See Rule 100 (General Provisions and Definitions) of these rules for definitions 

of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definition shall apply, in addition 

to those definitions found in Rule 100 (General Provisions and Definitions) of these rules. In the event of any inconsistency between any 

of the Maricopa County air pollution control rules, the definition in this rule takes precedence.

201 GOOD ENGINEERING PRACTICE (GEP) STACK HEIGHT: A stack height meeting the requirements described in Rule 

240 (Federal Major New Source Review (NSR)) of these rules.

SECTION 300 – STANDARDS

301 PERMITS REQUIRED: Except as otherwise provided in these rules, no person shall commence an owner and/or operator 

shall not begin actual construction of, operate, or make a modification to any stationary source subject to regulation under these 

rules, without first obtaining a permit or permit revision from the Control Officer. The Maricopa County Air Quality Department

issues the following permits: Title V permits, Non-Title V permits, General permits, Dust Control permits, and Permits to Burn.

The standards and/or requirements for these permits are described in Section 302 through Section 305 and Section 307 of this 

rule Sections 302 through 305, 306, and 308 of this rule. Additional standards, administrative requirements, and monitoring and 

records requirements for some of these permits are described in individual rules of these rules, as applicable/as specified in Section 302 through Section 305 and Section 307 of this rule Sections 302 through 305, 306, and 308 of this rule.

302 TITLE V PERMIT:
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County Notices According to A.R.S. § 49-112

302.1 A Title V permit or, in the case of an existing permitted source, a permit revision shall be required for a person an 

owner and/or operator to commence begin actual construction of, to operate, or to modify any of the following: 

302.1 a. Any major source as defined in Rule 100 of these rules. 

302.2 b. Any solid waste incineration unit required to obtain a permit pursuant to Section 129(e) of the Act.

302.3 c. Any affected source as defined in Rule 100 of these rules.

302.4 d. Any stationary source in a source category designated by the Administrator pursuant to 40 CFR 70.3 and adopted 

by the Board of Supervisors by rule.

302.2 Notwithstanding Sections 301 and 302 of this rule, an owner and/or operator may begin actual construction, but not 

operation, of a source requiring a Title V permit or Title V permit revision upon the Control Officer’s issuance of the 

proposed final permit or proposed final permit revision.

303 NON-TITLE V PERMIT: Unless a Title V permit or Title V permit revision is required, a Non-Title V permit or 

permit revision shall be required for:

303.1 A person to make a modification to a source which would cause it to emit or to have the potential to emit quantities of 

regulated air pollutants greater than those specified in subsections 303.2 and 303.3(c) of this rule. An owner and /or 

operator to begin actual construction of , modify, or operate any stationary source that emits, or has the uncontrolled 

potential to emit, or cause the source to emit regulated NSR pollutants in an amount greater than or equal to the following permitting thresholds:

303.2 A person to commence construction of or to modify either of the following after rules adopted pursuant to A.R.S. § 49-

480.04 are effective:An owner and/or operator to begin actual construction of, operate or modify either of the following after rules are adopted pursuant to A.R.S. §§ 49-480.04 and 49-426:

a. A source that emits or has the potential to emit with controls ten tons per year or more of a hazardous air pollutant 

or 25 tons per year or more of any combination of hazardous air pollutants designated by the Director pursuant to 

Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these rules and not listed in Section 

112(b) of the Act.

b. A source that is within a category designated by the Director pursuant to Rule 372 (Maricopa County Hazardous 

Air Pollutants (HAPs) Program) of these rules and that emits or has the potential to emit with controls at least one 

ton, but less than ten tons per year of a hazardous air pollutant or at least 2.5 tons, but less than 25 tons per year of 

any combination of hazardous air pollutants.

303.3 A person to commence construction of, to operate, or to modify any of the following: An owner and/or operator to 

begin actual construction of, operate, or modify any of the following:

a. Any source other than a major source, including an area source, subject to a standard, limitation, or other requirement under Section 111 of the Act.

b. Any source other than a major source, including an area source, subject to a standard or other requirement pursuant to Section 112 of the Act. However, a source is not required to obtain a permit solely because it is subject to 

regulation or requirements pursuant to Section 112(r) of the Act.

c. Any source that emits or has the potential to emit, without control, regulated air pollutants, except the following 

sources to the extent which the described limits are not exceeded. However, any source that is exempt from 

Pollutant Uncontrolled Emission Rate

In Tons Per Year (TPY)

PM2.5 (primary emissions only; levels for precursors are set below) 0.5

PM10 0.5

SO2 1.0

NOx 1.0

VOC 0.5

CO 1.0

Pb 0.3

Single HAP (other than Pb) 0.5

Total HAPs 1.0

Any other regulated air pollutant 1.0
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1350 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

obtaining a Non-Title V permit according to this section shall still comply with all other applicable requirements 

of these rules.

(1) General Combustion Equipment:

(a) Any source with an aggregated input capacity of less than 2,000,000 BTU per hour calculated by adding only those pieces of equipment over 300,000 BTU per hour with respect to fuel burning equipment 

fired with natural gas or liquefied petroleum gas.

(b) Any oil fueled heating equipment with a maximum rated input capacity or an aggregated input capacity 

of less than 500,000 BTU (527,200 kilojoules) per hour.

(2) Liquid Storage Tanks:

(a) Stationary storage tanks with a capacity of 250 gallons (946 liters) or less used for storing organic liquids.

(b) Stationary storage tanks used for storing organic liquids with a true vapor pressure of 1.5 psia (77.5 mm 

Hg) or less.

(c) Pressure tanks and pressurized vessels used exclusively for the storage of liquefied gases.

(3) Surface Coating and Printing Equipment:

(a) The aggregate of all surface coating operations of a source in which no coated product is heat cured and 

a combined total of one gallon per day or less of all coating materials and solvents are used.

(b) Application equipment for architectural surface coatings is used for commercial and residential applications.

(c) Any coating operation, which employs only hand-held aerosol cans, where VOC emissions do not 

exceed three pounds on any single day.

(d) Any printing operation which employs a combination of printing presses with a maximum of 500 

square inches (3226 cm2) of impression area and a maximum of two units per printing press. For the 

purposes of this rule, "units" means the number of printing surfaces.

(4) Solvent Cleaning Equipment: Unheated, non-conveyorized, cleaning or coating equipment that does not 

include control enclosures:

(a) With an open surface area of one square meter (10.8 square feet) or less and an internal volume of 350 

liters (92.5 gallons) or less, having an organic solvent loss of three gallons per day or less, or

(b) Using only organic solvents with an initial boiling point of 302°F (150°C) or greater and having an 

organic solvent loss of three gallons per day or less, or

(c) Using materials with a VOC content of two percent or less by volume (20 cubic centimeters per liter).

(5) Internal Combustion Equipment:

(a) Internal combustion engines with a manufacturer's maximum continuous rating of 50 horsepower or 

less or a maximum accumulative rating of 250 horsepower or less for engines used in the same process 

at one source.

(b) Internal combustion engines used solely as a source of unlimited standby power or emergency purposes 

and operated at or below 500 hours per year for routine testing and emergency standby operation for 

each internal combustion engine and provided such source demonstrates that the potential emissions at 

500 hours of operation each of all internal combustion engines do not exceed 4,000 pounds of nitrogen 

oxides or carbon monoxide per year as evidenced by an installed hour meter or written usage records 

maintained by the operator; and

(i) Are only used for power when normal power line service fails; or

(ii) Are only used for the emergency pumping of water.

(iii) This exemption does not apply to internal combustion engines used as standby power due to a voluntary reduction in power by the power company.

(c) Engines used to propel motorized vehicles.
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(d) Gas turbines with a maximum heat input at ISO Standard Day Conditions of less than 3,000,000 BTU 

(3,162,000 kilojoules) per hour fired exclusively with natural gas and/or liquefied petroleum gas.

(e) Portable internal combustion engines used on a temporary basis of no more than 30 days per calendar 

year at any one facility.

(6) Food Equipment:

(a) Equipment, excluding boilers, used in eating establishments or other retail establishments for the purpose of preparing food for human consumption.

(b) Bakeries:

(i) Mixers and blenders used in bakeries where the products are edible and intended for human consumption.

(ii) Ovens at bakeries whose total production is less than 10,000 pounds (4,535 kg) per operating day.

(7) Miscellaneous:

(a) Diesel contaminated soil remediation projects, where no heat is applied.

(b) Self-contained, enclosed blast and shot peen equipment where the total internal volume of the blast section is 50 cubic feet or less and where any venting is done via pollution control equipment.

(c) Those laboratory acids which have both a pH above 1.5 and an aggregate daily emission to ambient air 

of vapor/mists from all such acids not exceeding three pounds on any single day.

(d) Brazing or welding equipment.

(e) Hand soldering equipment.

(f) A source whose aggregate of all wood working equipment totals 50 horsepower or less.

(g) Equipment used for buffing, carving, cutting, drilling, surface grinding, machining, planing, routing, 

sanding, sawing, shredding, or turning of ceramic artwork, precision parts, leather, metals, plastics, 

rubber, fiberboard, masonry, carbon, graphite or glass.

(h) Refrigerant recovery equipment.

(i) Building maintenance or janitorial activities.

(j) A source whose aggregate of all miscellaneous equipment, processes or production lines not otherwise 

identified in this section has total uncontrolled emissions of less than three pounds (1.4 kg) VOC or 

PM10 during any day and less than 5.5 pounds (2.5 kg) of any other regulated air pollutant during any 

day.

(k) A person to begin actual construction of a source subject to Rule 372 (Maricopa County Hazardous Air 

Pollutants (HAPs) Program) of these rules.

(l) A person to make a modification to a source subject to Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these rules.

304 GENERAL PERMIT: A General permit shall be required for a person to commence construction of, to operate, or to modify a 

source that is a member of a facility class for which a General permit has been developed pursuant to Rule 230 of these rules. 

The provisions of Rule 230 of these rules shall apply to General permits, except as otherwise provided in Rule 230 of these rules.

304.1 An owner and/or operator of a source may apply for a General permit to commence construction of, to operate, or to 

modify a source that is a member of a facility class for which a General permit has been developed pursuant to Rule 

230 of these rules. The provisions of Rule 230 of these rules shall apply to General permits, except as otherwise provided in Rule 230 of these rules.

304.2 An owner and/or operator of a source, which is a member of the class of facilities covered by a General permit, may 

apply for an authority to operate under the General permit in lieu of applying for a Non-Title V permit or a Title V permit.

305 EXEMPTIONS: The following sources shall be exempt from obtaining a permit. However, any source that is exempt from 

obtaining a permit according to this rule shall still comply with all other applicable requirements of these rules.
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305.1 The following sources shall not require a permit, unless the source is a major source or unless operation without a 

permit would result in a violation of the Act:

a. Sources subject to 40 CFR 60, Subpart AAA, Standards of Performance for New Residential Wood Heaters.

b. Sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR 

61.145.

c. Agricultural equipment used in normal farm operations. Agricultural equipment used in normal farm operations, 

for the purposes of this rule, does not include equipment that would be classified as a source that would require a 

permit under Title V of the Act, or would be subject to a standard under 40 CFR parts 60 or 61.

305.2 If a source is subject to one of the standards under Section 111 of the Act listed below and meets the applicable criteria 

for an insignificant activity as defined in Rule 100 of these rules, then the owner and/or operator of such source shall 

not be required to obtain a permit:

a. 40 CFR 60, Subpart IIII (Stationary Compression Ignition Internal Combustion Engines).

b. 40 CFR 60, Subpart JJJJ (Stationary Spark Ignition Internal Combustion Engines).

305.3 If a source is subject to one of the standards under Section 112 of the Act listed below and meets the applicable criteria 

for an insignificant activity as defined in Rule 100 of these rules, then the owner and/or operator of such source shall 

not be required to obtain a permit:

a. 40 CFR 61.145.

b. 40 CFR 63, Subpart ZZZZ (Reciprocating Internal Combustion Engines).

c. 40 CFR 63, Subpart WWWWW (Ethylene Oxide Sterilizers).

d. 40 CFR 63, Subpart CCCCCC (Gasoline Distribution).

e. 40 CFR 63, Subpart HHHHHH (Paint Stripping and Miscellaneous Surface Coating Operations).

f. 40 CFR 63, Subpart JJJJJJ (Industrial, Commercial, and Institutional Boilers Area Sources), published at 76 FR 

15554 (March 21, 2011).

g. A regulation or requirement under Section 112(r) of the Act.

305.4 Insignificant activities, provided any single or combination of insignificant activities have total uncontrolled emissions 

less than the permitting thresholds as defined in Rule 100 of these rules.

305.5 Trivial activities.

305306 DUST CONTROL PERMIT: A Dust Control permit shall be required before a person, including but not limited to, the 

property owner, lessee, developer, responsible official, Dust Control permit applicant (who may also be the responsible party 

contracting to do the work), general contractor, prime contractor, supervisor, management company, or any person who owns, 

leases, operates, controls, or supervises a dust-generating operation subject to the requirements of Rule 310 of these rules, 

causes, commences, suffers, allows, or engages in any dust-generating operation that disturbs a total surface area of 0.10 acre

(4,356 square feet) or more. The provisions of Rule 310 of these rules shall apply to Dust Control permits, except as otherwise

provided in Rule 310 of these rules.

306307 SUBCONTRACTOR REGISTRATION:

306.1 307.1 A subcontractor who is engaged in dust-generating operations at a site that is subject to a Dust Control permit that is

issued by a Control Officer and that requires control of PM10 emissions from dust-generating operations shall register 

with the Control Officer by submitting information in the manner prescribed by the Control Officer. The Control Officer shall issue a registration number after payment of the fee. The Control Officer may establish and assess a fee for 

the registration based on the total cost of processing the registration and issuance of a registration number.

306.2 307.2 The subcontractor shall have its registration number readily accessible on-site while conducting any dust-generating operations. The subcontractor’s registration number must be visible and readable by the public without having to be asked 

by the public (e.g., included/posted in a sign that is visible on the subcontractor’s vehicle or equipment, included/

posted on a sign that is visible in the window of the subcontractor’s vehicle or equipment, or included/posted on a sign 

where the subcontractor is working on the site).
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307308 PERMIT TO BURN: A permit is required for any open outdoor fire authorized under the exceptions in A.R.S. 49-

501 or Rule 314 of these rules.

EXEMPTIONS: Notwithstanding Sections 301, 302, and 303 of this rule, the following sources shall not require a permit, unless 

the source is a major source, or unless operation without a permit would result in a violation of the Act:

308.1 Sources subject to 40 CFR 60, Subpart AAA, Standards of Performance for New Residential Wood Heaters.

308.2 Sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR 

61.145.

308.3 Agricultural equipment used in normal farm operations. Agricultural equipment used in normal farm operations, for 

the purposes of this rule, does not include equipment that would be classified as a source that would require a permit 

under Title V of the Act, or would be subject to a standard under 40 CFR parts 60 or 61.

309 STANDARDS FOR APPLICATIONS: All permit applications shall be filed in the manner and form prescribed by the Control 

Officer. The application shall contain all the information necessary to enable the Control Officer to make the determination to

grant or to deny a permit or permit revision, which shall contain such terms and conditions as the Control Officer deems necessary to assure a source's compliance with the requirements of these rules. The issuance of any permit or permit revision shall not 

relieve the owner and/or operator from compliance with any federal laws, Arizona laws, or these rules, nor does any other law, 

regulation or permit relieve the owner or operator from obtaining a permit or permit revision required under these rules.

309.1 Insignificant Activities:

a. Rather than supplying detailed information, a Title V source may, in its permit application, list and generally 

group insignificant activities, which are defined in Rule 100 – General Provisions and Definitions of these rules 

and which are listed in Appendix D-List of Insignificant Activities of these rules. An insignificant activity shall 

be any activity, process, or emissions unit that meets all of the following:

(1) Is not subject to a source-specific applicable requirement. Source-specific applicable requirements include 

requirements for which emissions unit-specific information is needed to determine applicability.

(2) Emits uncontrolled emissions of any single or combination of insignificant activities less than the permitting 

thresholds as defined in Rule 100 of these rules.

(3) Is either included in the definition of “insignificant activity” in Rule 100 of these rules or is approved by the 

Control Officer and the Administrator of the Environmental Protection Agency (EPA) as an insignificant 

activity under this rule.

b. A Non-Title V source is not required to list nor to describe, in a permit application, insignificant activities, which 

are defined in Rule 100 – General Provisions and Definitions of these rules and which are listed in Appendix DList of Insignificant Activities of these rules. If a Non-Title V source’s emissions are approaching an applicable 

requirement, including but not limited to best available control technology (BACT) requirements or major source 

status, then such Non-Title V source may be required by Maricopa County to include, in a permit application, a 

description of its insignificant activities and emissions calculations for such insignificant activities. For Title V 

Permit Applications:

(1) An owner and/or operator of a Title V source may, in its permit application, list and generally group insignificant activities. The permit application need not provide emissions data regarding insignificant activities, 

except as necessary to complete the assessment required by Rule 210, Sections 304.1(b) or (c) of these rules.

(2) An owner and/or operator of a Title V source may request approval for the classification of an activity as 

insignificant by including such request in its permit application, along with justification that such activity 

meets the definition of insignificant activity in Rule 100 of these rules.

(3) An owner and/or operator of a Title V source shall include information in its permit application regarding 

insignificant activities, if such information is needed to determine: (1) the applicability of or to impose any 

applicable requirement; (2) whether the source is in compliance with applicable requirements; or (3) the fee 

amount required under these rules. In such cases, emissions calculations or other necessary information shall 

be included in the application.

c. An activity, process, or emissions unit that is not included in Appendix D-List of Insignificant Activities of these 

rules may be considered an insignificant activity if it meets the definition of insignificant activity in Rule 100 – 

General Provisions and Definitions of these rules and is approved by the Control Officer and the Administrator of 
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1354 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

the Environmental Protection Agency (EPA). A source may request approval for the classification of an activity 

as insignificant by including such a request in its permit application, along with justification that such activity 

meets the definition of insignificant activity in Rule 100 – General Provisions and Definitions of these rules.For 

Non-Title V Permit Applications:

(1) An owner and/or operator of a Non-Title V source is not required to list or describe, in its permit application, 

insignificant activities, which are defined in Rule 100 of these rules, except as necessary to complete the 

assessment required by Rule 210, Sections 304.1(b) or (c) of these rules.

(2) If a Non-Title V source’s emissions are approaching an applicable requirement, including but not limited to 

best available control technology (BACT) requirements or major source status, then the owner and/or operator of such Non-Title V source may be required to include, in its permit application, a description of its 

insignificant activities and emissions calculations for such insignificant activities.

(3) An owner and/or operator of a Non-Title V source shall include information in its permit application regarding insignificant activities, if such information is needed to determine: (1) the applicability of or to impose 

any applicable requirement; (2) whether the source is in compliance with applicable requirements; or (3) the 

fee amount required under these rules. In such cases, emissions calculations or other necessary information 

shall be included in the application.

d. An application may not omit information regarding insignificant activities that is needed to determine: (1) the 

applicability of or to impose any applicable requirement; (2) whether the source is in compliance with applicable 

requirements; or (3) the fee amount required under these rules. In such cases, emissions calculations or other necessary information shall be included in the application.

309.2 Trivial Activities:

a. A Title V source is not required, in a permit application, to list trivial activities, to describe trivial activities, nor 

to include the emissions from trivial activities, which are defined in Rule 100 – General Provisions and Definitions of these rules and which are listed in Appendix E-List of Trivial Activities of these rules. A trivial activity 

shall be any activity, process, or emissions unit that, in addition to meeting the criteria for insignificant activity, 

has extremely low emissions.

b. A Non-Title V source is not required, in a permit application, to list trivial activities, to describe trivial activities, 

nor to include the emissions from trivial activities, which are defined in Rule 100 – General Provisions and Definitions of these rules and which are listed in Appendix E-List of Trivial Activities of these rules. No activity, process, or emissions unit that is conducted as part of a manufacturing process or is related to the source’s primary 

business activity shall be considered trivial.

c. An activity that is not included in Appendix E-List of Trivial Activities of these rules may be considered a trivial 

activity, if such activity meets the definition of trivial activity in Rule 100 – General Provisions and Definitions 

of these rules. Trivial activities as defined in Rule 100 of these rules may be omitted from Title V permit applications and from Non-Title V permit applications.

310 PERMIT CONDITIONS: The Control Officer may impose any permit conditions that are necessary to ensure compliance with 

federal laws, Arizona laws, or these rules.

310.1 The Control Officer may require, as specified in Section 310.2 and Section 310.3 of this rule, any source of regulated 

air pollutants to monitor, sample, or perform other studies to quantify emissions of regulated air pollutants or levels of 

air pollution that may reasonably be attributable to that source, if the Control Officer:

a. Determines that monitoring, sampling, or other studies are necessary to determine the effects of the source on 

levels of air pollution; or

b. Has reasonable cause to believe a violation of this rule, rules adopted pursuant to this rule, or a permit issued pursuant to this rule has been committed; or

c. Determines that those studies or data are necessary to accomplish the purposes of this rule and that the monitoring, sampling, or other studies by the source are necessary in order to assess the impact of the source on the emission of regulated air contaminants.

310.2 The Control Officer may require a source of air contaminants, by permit or order, to perform monitoring, sampling, or 

other quantification of its emissions or air pollution that may reasonably be attributed to such a source. Before requir-
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ing such monitoring, sampling, or other quantification by permit or order, the Control Officer shall consider the relative cost and accuracy of any alternatives which may be reasonable under the circumstances such as emission factors, 

modeling, mass balance analyses, or emissions projections. The Control Officer may require such monitoring, sampling, or other quantification by permit or order if the Control Officer determines in writing that all of the following 

conditions are met:

a. The actual or potential emissions of air pollution may adversely affect public health or the environment.

b. An adequate scientific basis for the monitoring, sampling, or quantification method exists.

c. The monitoring, sampling, or quantification method is technically feasible for the subject contaminant and the 

source.

d. The monitoring, sampling, or quantification method is reasonably accurate.

e. The cost of the method is reasonable in light of the use to be made of the data.

310.3 The permittee shall comply with all conditions of the permit, including all applicable requirements of Arizona air quality statutes and the air quality rules. Compliance with permit terms and conditions does not relieve, modify, or otherwise affect the permittee’s duty to comply with all applicable requirements of Arizona air quality statutes and the 

Maricopa County Air Pollution Control Regulations. Any permit non-compliance is grounds for enforcement action; 

for a permit termination, revocation, and reissuance or revision; or for denial or a permit renewal application. Noncompliance with any federally enforceable requirement in a permit constitutes a violation of the Act.

310.3 310.4 Orders issued or permit conditions imposed pursuant to this rule shall be appealable to the hearing board in the same manner as that prescribed for orders of abatement in A.R.S. § 49-489 and A.R.S. § 49-490 and for permit conditions in 

A.R.S. § 49-482.

311 PROHIBITION – PERMIT MODIFICATION: A person shall not willfully deface, alter, forge, counterfeit, or falsify any 

permit issued under the provisions of these rules.

312 PERMIT POSTING REQUIRED: Any person who has been granted a permit shall keep a complete permit clearly visible and 

accessible on the site where the equipment is installed. All equipment covered by the permit shall be listed in the permit by a

serial number or other equipment identification symbol and shall be identified on a plant diagram.

313 TRANSITION FROM INSTALLATION AND OPERATING PERMIT PROGRAM TO UNITARY PERMIT PROGRAM:

313.1 Sources With a Valid Installation, Operating, or Conditional Permit: A valid installation permit or operating permit issued by the Control Officer or a valid conditional permit issued by the hearing board before September 1, 1993, 

and the authority to operate as provided in Laws 1992, Chapter 299, Section 65, continue in effect until:

a. The Control Officer revokes an installation permit.

b. The Control Officer issues or denies a Title V permit or a Non-Title V permit to the source.

c. The hearing board revokes or modifies a conditional permit or the conditional permit expires. A source operating 

under a valid conditional permit may continue to operate in accordance with the terms and conditions of such permit after the expiration of the conditional permit if, at least 30 days prior to the expiration of the conditional permit, the source submits an application to the Control Officer for a Title V permit as described in Section 313.2 of 

this rule or for a Non-Title V permit as described in Section 313.3 of this rule.

313.2 Title V Sources With an Installation, Operating, or Conditional Permit: Following November 29, 1996, the effective date of the Environmental Protection Agency’s (EPA’s) final interim approval of Maricopa County’s Title V permit program, a source becomes subject to the requirements of the Title V permit program, when the source meets the 

applicability requirements as provided in this rule. Sources which hold a valid installation, operating, or conditional 

permit and require a Title V permit shall comply with the following provisions:

a. The owner or operator of the source shall submit a permit application within 180 days of receipt of written notice 

from the Control Officer that an application is required or 12 months after the source becomes subject to the 

requirements of Title V of the Act and the permit requirements of these rules, whichever is earlier.

b. Any source, which has not yet submitted a Title V permit application, that wishes to make any source change not 

requiring a permit, an administrative permit revision, a minor permit revision, or a significant permit revision 
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shall comply with the applicable provisions of Rule 210 of these rules.

313.3 Non-Title V Sources With an Installation, Operating, or Conditional Permit: Sources requiring a Non-Title V 

permit in existence on the date these rules become effective which hold a valid installation, operating, or conditional 

permit shall comply with the following provisions:

a. All sources shall submit a permit application to the Control Officer within 90 days of receipt of written notice 

from the Control Officer that an application is required.

b. Any source that wishes to make any source change not requiring a permit, an administrative permit revision, a 

minor permit revision, or a non-minor permit revision shall comply with the applicable provisions of Rule 220 of 

these rules.

313.4 Written Notice: For purposes of this subsection, written notice shall include, but not be limited to, a written warning, 

Notice of Violation, or order issued by the Control Officer for constructing or operating an emission source without a 

permit. Such a source shall be considered to be in violation of these rules on each day of operation or each day during 

which construction continues, until a permit is granted.

313.5 Sources Not Under Permit:

a. All sources not in existence prior to the effective date of these rules shall first submit to the Control Officer an air 

quality permit application for the entire source and shall have been issued an air quality permit before commencing construction of such source.

b. All sources in existence on the date these rules become effective and not holding a valid installation permit and/or 

a valid operating permit issued by the Control Officer, which have not applied for a Non-Title V permit pursuant 

to these rules, shall submit to the Control Officer a permit application for the entire source.

c. All sources in existence on the date these rules become effective and not holding a valid installation permit and/or 

a valid operating permit issued by the Control Officer, which have not applied for a Title V permit pursuant to 

these rules, shall submit to the Control Officer a Title V permit application no more than 12 months after becoming subject to Title V permit requirements.

313.6 Sources Which Currently Have an Installation or Operating Permit:

a. For sources in existence on the date these rules become effective holding a valid installation permit and/or a valid 

operating permit issued by the Control Officer, the Control Officer may establish a phased schedule for acting on 

permit applications received within the first full year after the source becomes subject to obtaining a Title V or a 

Non-Title V permit under these rules. The schedule shall assure that at least one-third of such applications will be 

acted on annually over a period not to exceed three years after such effective date. Based on this schedule, the 

Control Officer shall review a completed application in accordance with the provisions of these rules and shall 

issue or deny the applicable permit within 18 months after the receipt of the completed application.

b. Any application for an installation permit or an operating permit that is determined to be complete prior to the 

effective date of these rules but for which no permit has been issued shall be considered complete for the purposes of this section. In issuing a permit pursuant to such an application, the Control Officer shall include in the 

permit all elements addressed in the application and a schedule of compliance for submitting an application for a 

permit revision to address the elements required to be in the permit that were not included in the operating permit 

application or in the installation permit application. No later than six months after the effective date of these 

rules, the Control Officer shall take final action on an operating permit application or on an installation permit 

application determined to be complete prior to the effective date of these rules.

314 ACCELERATED PERMITTING:

314.1 Notwithstanding any other provisions of these rules, the following qualify a source for a request-submittal for accelerated processing: an application for a Title V permit or for a Non-Title V permit; any permit revision; and any coverage 

under a general permit. Such a request-submittal shall be submitted in writing to the Control Officer at least 30 days in 

advance of filing the application and shall be accompanied by fees as described in Rule 280 of these rules.

314.2 When an applicant has requested accelerated permit processing, the Control Officer may, to the extent practicable, 

undertake to process the permit or permit revision in accordance with the following schedule:

a. For applications for initial Title V and Non-Title V permits under Rules 210 and 220 of these rules, for significant 

permit revisions under Rule 210 of these rules, or for non-minor permit revisions under Rule 220 of these rules, 
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final action on the permit or on the permit revision shall be taken within 90 days or after the Control Officer 

determines that the application is complete for a Non-Title V source and within 120 days after the Control Officer 

determines that the application is complete for a Title V source. Except for a new major source or a major modification subject to the requirements of Rule 240 of these rules, an application for a new permit, a significant permit revision, or a permit renewal shall be deemed to be complete unless the Control Officer notifies the applicant 

by certified mail within 30 days of receipt of the application that the application is not complete.

b. For applications for coverage under a general permit under Rule 230 of these rules, final action shall be taken 

within 30 days after receipt of the application.

c. For minor permit revisions governed by Rule 210 of these rules and Rule 220 of these rules, the permit revision 

shall be issued within 60 days after receipt of the application.

314.3 Before issuing a permit or permit revision pursuant to this section, the applicant shall pay to the Control Officer all 

fees due as described in Rule 280 of these rules. Nothing in this section shall affect the public participation requirements of Rules 210 or 220 of these rules, or EPA and affected state review as required under Rule 210 of these rules.

315 STACK HEIGHT PROVISIONS: The degree of emission limitation required of any source of any pollutant shall not be 

affected by so much of any source’s stack height that exceeds good engineering practice or by any other dispersion technique as

determined by the procedures of 40 CFR 51.118 and the EPA regulations cross-referenced therein as incorporated by reference 

in Appendix G of these rules.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS

401 APPROVAL OR DENIAL OF PERMIT OR PERMIT REVISION:

401.1 The Control Officer shall deny a permit or revision if the applicant does not demonstrate that every such source for 

which a permit or permit revision is sought is so designed, controlled, or equipped with such air pollution control 

equipment that the source may be expected to operate without emitting or without causing to be emitted air contaminants in violation of the provisions of these rules.

401.2 Prior to acting on an application for a permit, the Control Officer may require the applicant to provide and to maintain 

such devices and procedures as are necessary for sampling and for testing purposes in order to secure information that 

will disclose the nature, extent, quantity, or degree of air contaminants discharged into the atmosphere from the source 

described in the application. In the event of such a requirement, the Control Officer shall notify the applicant in writing of the type and characteristics of such devices and procedures.

401.3 In acting upon an application for a permit renewal, if the Control Officer finds that such source has not been constructed in accordance with any prior permit or revision issued pursuant to A.R.S. § 49-480.01, the Control Officer 

shall require the permittee to obtain a permit revision or shall deny the permit renewal. The Control Officer shall not 

accept any further application for a permit for such source so constructed until the Control Officer finds that such 

source has been reconstructed in accordance with a prior permit or a revision, or until a revision to the permit has been 

obtained. The Control Officer may issue a permit with a compliance schedule for a source that is not in compliance 

with all applicable requirements at the time of permit issuance.

401.4 After a decision on a permit or on a permit revision, the Control Officer shall notify the applicant and any person who 

filed a comment on the permit pursuant to A.R.S. § 49-480 or on the permit revision pursuant to A.R.S. § 49-480.01 in 

writing of the decision, and if the permit is denied, the reasons for such denial. Service of this notification may be 

made in person or by first class mail. The Control Officer shall not accept a further application unless the applicant has 

corrected the circumstances giving rise to the objections as specified by the Control Officer as reasons for such denial.

402 PERMIT REOPENINGS; REVOCATION AND REISSUANCE; TERMINATION:

402.1 Reopening for Cause:

a. Each issued permit shall include provisions specifying the conditions under which the permit will be reopened 

prior to the expiration of the permit. A permit shall be reopened and revised under any of the following circumstances:

(1) Additional applicable requirements under the Act become applicable to a major source with a remaining permit term of three or more years. Such a reopening shall be completed not later than 18 months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is 
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later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended pursuant to Section 403.2 of this rule. Any permit revision required pursuant to 

this rule shall comply with Section 403 of this rule for a permit renewal and shall reset the five year permit 

term.

(2) Additional requirements, including excess emissions requirements, become applicable to an affected source 

under the Acid Rain Program. Upon approval by the Administrator, excess emissions offset plans shall be 

deemed to be incorporated into the Title V permit.

(3) The Control Officer or the Administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.

(4) The Control Officer or the Administrator determines that the permit must be revised or revoked to assure 

compliance with the applicable requirements.

b. Proceedings to reopen and issue a permit, including appeal of any final action relating to a permit reopening, shall 

follow the same procedures as apply to initial permit issuance and shall, except for reopenings under Section 

402.1(a)(1) of this rule, affect only those parts of the permit for which cause to reopen exists. Such reopening 

shall be made as expeditiously as is practicable.

c. Action to reopen a permit under this section shall not be initiated before a notice of such intent is provided to the 

source by the Control Officer at least 30 days in advance of the date that the permit is to be reopened, except that 

the Control Officer may provide a shorter time period in the case of an emergency.

d. When a permit is reopened and revised pursuant to this rule, the Control Officer may make appropriate revisions 

to the permit shield established pursuant to Rule 210 of these rules.

402.2 Reopening for Cause by the Administrator:

a. If the Administrator finds that cause exists to terminate, modify, or revoke and reissue a permit pursuant to Section 402.1 of this rule, the Administrator may notify the Control Officer and the permittee of such finding in writing. Within ten days of receipt of notice from the Administrator that cause exists to reopen a Title V permit, the 

Control Officer shall notify the source.

b. Within 90 days of receipt of notice from the Administrator that cause exists to reopen a permit, the Control Officer shall forward to the Administrator a proposed determination of termination, modification, or revocation and 

reissuance of the permit. The Control Officer may request a 90-day extension of this limit if it is necessary to 

request a new or revised permit application or additional information from the applicant for, or holder of, a Title 

V permit.

c. The Control Officer shall have 90 days from receipt of an objection by the Administrator to attempt to resolve the 

objection.

402.3 The Control Officer may issue a notice of termination of a permit issued under these rules if:

a. The Control Officer has reasonable cause to believe that the permit was obtained by fraud or misrepresentation.

b. The person applying for the permit failed to disclose a material fact required by the application form or the regulation applicable to the permit, of which the applicant had or should have had knowledge at the time the application was submitted.

c. The terms and conditions of the permit have been or are being violated.

402.4 If the Control Officer issues a notice of termination under this rule, the notice shall be served on the permittee by certified mail, return receipt requested. The notice shall include a statement detailing the grounds for the revocation and a 

statement that the permittee is entitled to a hearing.

403 PERMIT RENEWAL AND EXPIRATION:

403.1 Prior to renewing a permit issued under these rules, the Control Officer shall provide notice in the same manner and 

form as provided in Rule 210 of these rules.

403.2 The Control Officer shall not renew a permit issued under these rules unless the permittee applies for a permit renewal 

prior to the expiration of a permit in the manner required by Rule 210 of these rules. If a timely and complete applica-
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tion for a permit renewal is submitted, but the Control Officer has failed to issue or deny the renewal permit before the 

end of the term of the previous permit, then the permit shall not expire until the renewal permit has been issued or 

denied. Any testing that is required for a renewal shall be completed before the proposed permit renewal is issued by 

the Control Officer.

403.3 The Control Officer shall publish notice of a permit renewal decision in the same manner as that provided in Rule 210 

of these rules for a Title V permit and as that provided in Rule 220 of these rules for a Non-Title V permit.

404 PERMIT TRANSFERS:

404.1 Except as provided in A.R.S. § 49-429 and Section 404.2 of this rule, a Title V permit, a Non-Title V permit, or a General permit may be transferred to another person. Before the proposed transfer, the person who holds a valid Non-Title 

V permit or a valid General permit shall comply with the administrative permit revision procedures pursuant to Rule 

220, Section 405.1 of these rules. At least 30 days before the proposed transfer, the person who holds a valid Title V 

permit shall give notice to the Control Officer in writing and shall comply with the administrative permit amendment 

procedures pursuant to Rule 210, Section 404 of these rules. Permit transfer notice shall contain the following:

a. The permit number and expiration date.

b. The name, address and telephone number of the current permit holder.

c. The name, address and telephone number of the person to receive the permit.

d. The name and title of the individual within the organization who is accepting responsibility for the permit along 

with a signed statement by that person indicating such acceptance.

e. A description of the equipment to be transferred.

f. A written agreement containing a specific date for transfer of permit responsibility, coverage, and liability 

between the current and new permittee.

g. Provisions for the payment of any fees pursuant to Rule 280 of these rules that will be due and payable before the 

effective date of transfer.

h. Sufficient information about the source's technical and financial capabilities of operating the source to allow the 

Control Officer to make the decision in Section 404.2 of this rule including:

(1) The qualifications of each person principally responsible for the operation of the source.

(2) A statement by the chief financial officer of the new permittee that it is financially capable of operating the 

source in compliance with the law, and the information that provides the basis for that statement.

(3) A brief description of any action for the enforcement of any federal or state law, rule or regulation, or any 

county, city or local government ordinance relating to the protection of the environment, instituted against 

any person employed by the new permittee and principally responsible for operating the source during the 

five years preceding the date of application. In lieu of this description, the new permittee may submit a copy 

of the certificate of disclosure or 10-K form required under A.R.S. § 49-109, or a statement that this information has been filed in compliance with A.R.S. § 49-109.

404.2 The Control Officer shall deny the transfer if the Control Officer determines that the organization receiving the permit 

is not capable of operating the source in compliance with Article 3, Chapter 3, Title 49, Arizona Revised Statutes, the 

provisions of these rules, or the provisions of the permit. Notice of the denial stating the reason for the denial shall be 

sent to the original permit holder by certified mail stating the reason for the denial within ten working days of the Control Officer's receipt of the application notice. If the transfer is not denied within ten working days after receipt of the 

notice, the Control Officer shall approve such permit transfer.

404.3 To appeal the transfer denial:

a. Both the transferor and transferee shall petition the hearing board in writing for a public hearing; and

b. The appeal process for a permit shall be followed.

405 PERMITS CONTAINING THE TERMS AND CONDITIONS OF FEDERAL DELAYED COMPLIANCE ORDERS 

(DCO) OR CONSENT DECREES:

405.1 The terms and conditions of either a DCO or consent decree shall be incorporated into a permit through a permit revi-
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1360 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

sion. In the event the permit expires prior to the expiration of the DCO or consent decree, the DCO or consent decree 

shall be incorporated into any permit renewal.

405.2 The owner or operator of a source subject to a DCO or consent decree shall submit to the Control Officer a quarterly 

report of the status of the source and construction progress and copies of any reports to the Administrator required 

under the order or decree. The Control Officer may require additional reporting requirements and conditions in permits issued under this rule.

405.3 For the purpose of this rule, sources subject to a consent decree issued by a federal court shall meet the same requirements as those subject to a DCO.

406 APPEAL: Denial or revocation of a permit shall be stayed by the permittee's written petition for a hearing, filed in accordance 

with Rule 400 of these rules.

407 AIR QUALITY IMPACT MODELS:

407.1 Where the Control Officer requires a person to perform air quality impact modeling, the modeling shall be performed 

in a manner consistent with 40 CFR 51, Appendix W, “Guideline On Air Quality Models”, as of July 1, 2004 (and no 

future amendments or additions), which shall be referred to hereinafter as "Guideline", and is adopted by reference.

407.2 Model Substitution: Where the person can demonstrate that an air quality impact model specified in the guideline is 

inappropriate, the model may be modified or another model substituted. However, before such modification or substitution can occur, the Control Officer must make a written finding that:

a. No model in the guideline is appropriate; or

b. The data base required for the appropriate model in the guideline is not available; and

c. A model proposed as a substitute or modification is likely to produce results equal or superior to those obtained 

by models in the guideline.

408 TESTING PROCEDURES: Except as otherwise specified, the applicable testing procedures contained in the Arizona Testing 

Manual for Air Pollutant Emissions shall be used to determine compliance with standards or permit conditions established pursuant to these rules.

409 PERMIT FEES: A fee shall be charged for each facility. No permit is valid until the applicable permit fee has been received 

and until the permit is issued by the Control Officer.

410 PORTABLE SOURCES:

410.1 An owner and/or operator of a portable source which will operate for the duration of its permit solely in Maricopa 

County shall obtain a permit from the Control Officer for Maricopa County and is subject to Sections 410.2, 410.3, 

and 410.4 of this rule. A portable source with a current State of Arizona permit need not obtain a Maricopa County 

permit but is subject to Sections 410.3, 410.4, and 410.5 of this rule. Any permit for a portable source shall contain 

conditions that will assure compliance with all applicable requirements at all authorized locations. A portable source 

that has permit issued by the Director and obtains a permit from the Control Officer for Maricopa County shall request 

that the Director terminate the permit. Upon issuance of the permit from the Control Officer for Maricopa County, the 

permit issued by the Director is no longer valid.

410.2 An owner or operator of a portable source which has a Maricopa County permit but proposes to operate outside of 

Maricopa County, shall obtain a permit from the Director. A portable source that has a permit issued from the Control 

Officer for Maricopa County and obtains a permit issued by the Director shall request that the Control Officer terminate the permit issued by the Control Officer for Maricopa County. Upon issuance of a permit by the Director, the 

Control Officer shall terminate the Maricopa County permit for that source permit issued by the Control Officer for 

Maricopa County is no longer valid. If the owner and/or operator relocates the portable source in Maricopa County, 

the owner and/or operator shall notify the Control Officer as required by Section 410.4 of this rule of the relocation of 

the portable source. Whenever the owner and/or operator of a portable source operates a portable source in Maricopa 

County, such owner and/or operator shall comply with all regulatory requirements in these rules.

410.3 An owner of a portable source which requires a permit under this rule, shall obtain the permit prior to renting or leasing said portable source. This permit shall be provided by the owner to the renter or lessee, and the renter or lessee 

shall be bound by the permit provisions. In the event a copy of the permit is not provided to the renter or lessee, both 
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the owner and the renter or lessee shall be responsible for the operation of the portable source in compliance with the 

permit conditions and any violations thereof.

410.4 A portable source may be transported from one location to another within or across Maricopa County boundaries provided the owner and/or operator of such portable source notifies the Director and any Control Officer who has jurisdiction over the geographic area that includes the new location of the portable source by certified mail at least ten 

working days before the portable source is transported to the new location. The notification required under this rule 

shall include:

a. A description of the portable source to be transported including the Maricopa County permit number or the State 

of Arizona permit number for such portable source;

b. A description of the present location;

c. A description of the location to which the portable source is to be transported, including the availability of all utilities, such as water and electricity, necessary for the proper operation of all control equipment;

d. The date on which the portable source is to be moved;

e. The date on which operation of the portable source will begin at the new location; and

f. The duration of operation at the new location.

410.5 An owner and/or operator of a portable source with a current State of Arizona permit that moves such portable source 

into Maricopa County shall notify the Control Officer that such portable source is being transported to a new location 

and shall include in such notification a copy of the State of Arizona permit and a copy of any conditions imposed by 

the State of Arizona permit. The source shall be subject to all regulatory requirements of these rules.

411 PUBLIC RECORDS; CONFIDENTIALITY:

411.1 The Control Officer shall make all permits, including all elements required to be in the permit pursuant to Rule 210 of 

these rules and Rule 220 of these rules available to the public.

411.2 A notice of confidentiality pursuant to A.R.S. § 49-487(c) shall:

a. Precisely identify the information in the application documents, which is considered confidential.

b. Contain sufficient supporting information to allow the Control Officer to evaluate whether such information satisfies the requirements related to trade secrets or, if applicable, how the information, if disclosed, could cause 

substantial harm to the person's competitive position.

411.3 Within 30 days of receipt of a notice of confidentiality that complies with Section 411.2 of this rule, the Control Officer shall make a determination as to whether the information satisfies the requirements for trade secret or competitive 

position pursuant to A.R.S. § 49-487(C)(1) and so notify the applicant in writing. If the Control Officer agrees with the 

applicant that the information covered by the notice of confidentiality satisfies the statutory requirements, the Control 

Officer shall include a notice in the administrative record of the permit application that certain information has been 

considered confidential.

SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)

REGULATION II - PERMITS AND FEES

RULE 210

TITLE V PERMIT PROVISIONS

INDEX

SECTION 100 - GENERAL

101PURPOSE

102APPLICABILITY

SECTION 200 - DEFINITIONS

201EMISSIONS ALLOWABLE UNDER THE PERMIT

SECTION 300 - STANDARDS
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1362 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

301 PERMIT APPLICATION PROCESSING PROCEDURES

302 PERMIT CONTENTS

303 PERMIT REVIEW BY THE ENVIRONMENTAL PROTECTION AGENCY (EPA) AND AFFECTED STATES

304 EMISSION STANDARDS AND LIMITATIONS

305COMPLIANCE PLAN; CERTIFICATION

SECTION 400 - ADMINISTRATIVE REQUIREMENTS

401FEES REQUIRED

402PERMIT TERM

403SOURCE CHANGES ALLOWED WITHOUT PERMIT REVISIONS

404ADMINISTRATIVE PERMIT AMENDMENTS

405MINOR PERMIT REVISIONS

406SIGNIFICANT PERMIT REVISIONS

407PERMIT SHIELDS

408PUBLIC PARTICIPATION

SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)

Revised 07/13/88

Repealed and Adopted 11/15/93

Revised 02/15/95

Revised 06/19/96

Revised 05/20/98

Revised 02/07/01

Revised 05/07/03

Revised 06/06/07

Revised 07/13/1988; Repealed and Adopted 11/15/1993; Revised 02/15/1995; Revised 06/19/1996; Revised 05/20/1998; Revised 02/07/

2001; Revised 05/07/2003; Revised 06/06/2007; Revised xx/xx/xxxx

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION II - PERMITS AND FEES

RULE 210

TITLE V PERMIT PROVISIONS

SECTION 100 - GENERAL

101 PURPOSE: To provide an orderly procedure for the review of new Title V sources of air pollution and of the modification and 

operation of existing Title V sources through the issuance of Title V permits.

102 APPLICABILITY: Unless otherwise noted, this rule applies to each source requiring a Title V permit or permit revision.

SECTION 200 - DEFINITIONS: See Rule 100-General Provisions And Definitions of these rules for definitions of terms that are used 

but not specifically defined in this rule. For the purpose of this rule, the following definition shall apply: For the purpose of this rule, the 

following definition shall apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of these rules. In 
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the event of any inconsistency between any of the Maricopa County air pollution control rules, the definition in this rule takes precedence.

201 EMISSIONS ALLOWABLE UNDER THE PERMIT: An enforceable permit term or condition determined at issuance to be 

required by an applicable requirement that establishes an emissions limit (including a work practice standard) or an enforceable 

emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.

SECTION 300 – STANDARDS

301 PERMIT APPLICATION PROCESSING PROCEDURES:

301.1 Standard Application Form And Required Information: To apply for any permit under this rule, applicants shall 

complete the "Standard Permit Application Form" and shall supply all information required by the "Filing Instructions" as shown in Appendix B of these rules.

301.2 Unless otherwise required by Rule 200-Permit Requirements of these rules, a A timely application is:

a. For a source that becomes subject to the permit program as a result of a change in regulation and not as a result of 

construction or a physical or operational change, one that is submitted within 12 months after the source becomes 

subject to the permit program.

a. b.For purposes of permit renewal, a timely application is one that is submitted at least six months, but not more than 

18 months, prior to the date of permit expiration.

b. For the initial Phase II acid rain requirement under Rule 371-Acid Rain of these rules of a Title V permit, one that 

is submitted to the Control Officer by January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen 

oxides.

c. Any existing source which becomes subject to a standard promulgated by the Administrator under Section 112(d) 

of the Act shall, within 12 months of the date on which the standard is promulgated, submit an application for a 

permit revision demonstrating how the source will comply with the standard.

301.3 If, at the time an application for a permit required by these rules is submitted, an applicable implementation plan 

allows the determination of an alternate emission limit, a source may, in its application, propose an emission limit that 

is equivalent to the emission limit otherwise applicable to the source under the applicable implementation plan. The 

source shall also demonstrate that the equivalent limit is quantifiable, accountable, enforceable, and subject to 

replicable compliance determination procedures.

301.4 A complete application is one that satisfies all of the following:

a. To be complete, an application shall provide all information required by Section 301.1-Standard Application 

Form And Required Information of this rule. An application for permit revision only need supply information 

related to the proposed change, unless the source’s proposed permit revision will change the permit from a NonTitle V Permit to a Title V Permit. A responsible official shall certify the submitted information consistent with 

Section 301.7-Certification Of Truth, Accuracy, And Completeness of this rule.

b. An application for a new permit or permit revision shall contain an assessment of the applicability of the 

requirements of Rule 240-Permit Requirements For New Major Sources And Major Modifications To Existing 

Major Sources Federal Major New Source Review (NSR) and Rule 241-Permits For New Sources And 

Modifications To Existing Sources of these rules. If the proposed new source is a major source, as defined in 

Rule 240-Permit Requirements For New Major Sources And Major Modifications To Existing Major Sources of 

these rules, or the proposed permit revision constitutes a major modification as defined in Rule 100-General 

Provisions And Definitions of these rules, then the application shall comply with all applicable requirements of 

Rule 240-Permit Requirements For New Major Sources And Major Modifications To Existing Major Sources of 

these rules.

c. An application for a new permit or permit revision shall contain an assessment of the applicability of the 

requirements of Rule 241-Minor New Source Review (NSR) of these rules. If the applicant determines that the 

proposed new source is subject to Rule 241 of these rules, or the proposed permit revision constitutes a minor 

NSR modification, the application shall comply with all the applicable requirements of Rule 241 of these rules.

c. d.An application for a new permit or permit revision shall contain an assessment of the applicability of the 

requirements established under Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these 

rules. If the proposed new source permit or permit revision is subject to the requirements of Rule 372-Maricopa 
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1364 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

County Hazardous Air Pollutants (HAPs) Program of these rules, the application shall comply with all applicable 

requirements of Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules.

d. e.An application to construct or reconstruct any major source of hazardous air pollutants shall contain a determination 

that maximum achievable control technology (MACT) for new sources under Section 112 of the Act will be met. 

Where MACT has not been established by the Administrator, such determination shall be made on a case-by-case 

basis under 40 C.F.R. 63.40 through 63.44, as incorporated by reference in Rule 370-Federal Hazardous Air 

Pollutant Program of these rules. For purposes of this section of this rule, constructing or reconstructing a major 

source shall have the meaning prescribed in 40 C.F.R. 63.41, as incorporated by reference in Rule 370-Federal 

Hazardous Air Pollutant Program of these rules.

e. f.An application for a new permit, a permit revision, or a permit renewal shall be deemed to be complete, unless the 

Control Officer notifies the applicant by certified mail within 60 days of receipt of the application that the 

application is not complete. For a proposed new major source or a major modification subject to the requirements 

of Rule 240 Permit Requirements For New Major Sources And Major Modifications To Existing Major Sources

Federal Major New Source Review (NSR) of these rules, the permit application shall be deemed to be submitted 

on the date that the completeness determination is made under Rule 240-Permit Requirements For New Major 

Sources And Major Modifications To Existing Major Sources of these rules.

f. g.If, while processing an application that has been determined or deemed to be complete, the Control Officer 

determines that additional information is necessary to evaluate or to take final action on that application, the 

Control Officer may request such information in writing and may set a reasonable deadline for a response. Except 

for minor permit revisions as set forth in Section 405 of this rule, a source's ability to continue operating without 

a permit, as set forth in this rule, shall be in effect from the date the application is determined to be complete until 

the final permit is issued, provided that the applicant submits any requested additional information by the 

deadline specified by the Control Officer. The Control Officer may, after one submittal by the applicant under 

this rule, reject an application that is still determined to be incomplete and shall notify the applicant of the 

decision by certified mail.

g. h.The completeness determination shall not apply to revisions processed through the minor permit revision process.

h. i.To be complete, an application for a new permit or an application for a permit revision shall list and generally group 

activities, if applicable, which are insignificant as defined in Rule 100-General Provisions And Definitions of 

these rules and which are listed in Appendix D-List Of Insignificant Activities of these rules. Except as necessary 

to complete the assessment required by Sections 304.1(b) or (c) of this rule, The the application need not provide 

emissions data regarding insignificant activities. If the Control Officer determines that an activity listed as 

insignificant does not meet the requirements of insignificant as defined in Rule 100-General Provisions And 

Definitions of these rules and as listed in Appendix D-List Of Insignificant Activities of these rules (i.e., if 

emissions estimates are needed for another purpose, such as determining the amount of permit fees) or that 

emissions data for the activity is required to complete the assessment required by Sections 304.1(b) or (c) of this 

rule, then the Control Officer shall notify the applicant in writing and shall specify additional information 

required.

i. j.If a permit applicant requests terms and conditions allowing for the trading of emission increases and decreases in the 

permitted source solely for the purpose of complying with a federally enforceable emission cap that is established 

in the permit independent of otherwise applicable requirements, the permit applicant shall include in its 

application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and 

enforceable.

j. k.The Control Officer agrees with a notice of confidentiality submitted under A.R.S. §49-487.

301.5 A source that has submitted information with an application under a claim of confidentiality under A.R.S. § 49-487 

and Rule 200-Permit Requirements of these rules shall submit a copy of such information directly to the 

Administrator.

301.6 Duty To Supplement Or Correct Application: Any applicant who fails to submit any relevant facts or who has 

submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect 

submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide 

additional information as necessary to address any requirements that become applicable to the source after the date it 

filed a complete application but prior to release of a proposed permit.
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301.7 Certification Of Truth, Accuracy, And Completeness: Any application form, report, or compliance certification 

submitted under these rules shall contain certification by a responsible official of truth, accuracy, and completeness of 

the application as of the time of submittal. This certification and any other certification required under this rule shall 

state that, based on information and belief formed after reasonable inquiry, the statements and information in the 

document are true, accurate, and complete.

301.8 Action on Application:

a. The Control Officer may issue a permit with a compliance schedule for a source that is not in compliance 

with all applicable requirements at the time of permit issuance.

b. In addition, the Control Officer may issue, revise, or renew a permit only if all of the following conditions 

have been met:

(1) The permit application received must be complete according to Section 301.4 of this rule.

(2) Except for revisions qualifying as administrative or minor under Sections 404 and 405 of this rule, all of the 

requirements for public notice and participation under Section 408 of this rule must have been met.

(3) The Control Officer shall have complied with the requirements of Section 303 of this rule for notifying and 

responding to affected states and if applicable, other notification requirements of Rule 240, Section 304.2-

Action On Application And Notification Requirements and Rule 240, Section 511.3(b)-Visibility Protection

of these rules.

(4) The conditions of the permit shall require compliance with all applicable requirements.

(5) For permits for which an application is required to be submitted to the Administrator under Section 303.1 of 

this rule, and to which the Administrator has properly objected to its issuance in writing within 45 days of 

receipt of the proposed final permit and all necessary supporting information from the Department, the Control Officer has revised and submitted a proposed final permit in response to the objection and the Administrator has not objected to this proposed final permit within 45 days of receipt.

(6) For permits to which the Administrator has objected to issuance under a petition filed under 40 C.F.R. 

70.8(d), the Administrator’s objection has been resolved.

c. The Control Officer may issue a notice of revocation of a permit issued under this rule if:

(1) The Control Officer has reasonable cause to believe that the permit was obtained by fraud or misrepresentation.

(2) The person applying for the permit failed to disclose a material fact required by the permit application form 

or the regulation applicable to the permit, of which the applicant had or should have had knowledge at the 

time the application was submitted.

(3) The terms and conditions of the permit have been or are being violated and the violation has not been corrected within a reasonable period of time as specified by the Control Officer.

d. If the Control Officer issues a notice of denial or revocation of a permit under this rule, the notice shall be 

served on the applicant or permittee by certified mail, return receipt requested. The notice shall include a 

statement detailing the grounds for the denial or revocation and explaining that the permit applicant or permittee 

is entitled to a hearing under A.R.S. §49-482.

e. The Control Officer shall provide a statement that sets forth the legal and factual basis for the proposed 

permit conditions including references to the applicable statutory or regulatory provisions. The Control Officer 

shall send this statement to the Administrator and to any other person who requests it.

f. Except as provided in 40 C.F.R. 70.4(b)(11), Rule 200-Permit Requirements of these rules and Rule 240-

Permit Requirements For New Major Sources And Major Modifications To Existing Major Sources, of these 

rules, regulations promulgated under Title IV or Title V of the Act, or the permitting of affected sources under the 

acid rain program, the Control Officer shall take final action on each permit application (and request for revision 

or renewal) within 18 months after receiving a complete application.

g. f.Priority shall be given by the Control Officer to taking action on applications for construction or modification 

submitted under Title I, Parts C-Prevention Of Significant Deterioration and D-New Source Review of the Act.

h. A proposed permit decision shall be published within nine months of receipt of a complete application and any 
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1366 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

additional information requested under Section 301.4(e) of this rule to process the application. The Control 

Officer shall provide notice of the decision as provided in Section 408 of this rule and any public hearing shall be 

scheduled as expeditiously as possible.

301.9 Requirement For A Permit: Except as noted under the provisions in Sections 403 and 405 of this rule, no source may 

operate after the time that it is required to submit a timely and complete application, except in compliance with a 

permit issued under this rule. However, if a source submits a timely and complete application for permit issuance, 

revision, or renewal, the source's failure to have a permit is not a violation of these rules until the Control Officer takes 

final action on the application. This protection shall cease to apply if, subsequent to the completeness determination, 

the applicant fails to submit, by the deadline specified in writing by the Control Officer, any additional information 

identified as being needed to process the application. If a source submits a timely and complete application for a 

permit renewal, but the Control Officer has failed to issue or deny the renewal permit before the end of the term of the 

previous permit, then the permit shall not expire until the permit renewal has been issued or denied. This section of 

this rule does not affect a source’s obligation to obtain a permit revision before making a modification to the source.

302 PERMIT CONTENTS:

302.1 Each permit issued under this rule shall include the following elements:

a. The date of issuance, the permit term, and the deadline by which the permittee must renew the permit.

b. Enforceable emission limitations and standards including those operational requirements and limitations that 

assures compliance with all applicable requirements at the time of issuance.

(1) The permit shall specify and reference the origin of and authority for each term or condition, and identify 

any difference in form as compared to the applicable requirement upon which the term or condition is based.

(2) The permit shall state that, where an applicable requirement of the Act is more stringent than an applicable 

requirement of regulations promulgated under Title IV of the Act and incorporated under Rule 371-Acid 

Rain of these rules, both provisions shall be incorporated into the permit and shall be enforceable by the 

Administrator.

(3) Any permit containing an equivalency demonstration for an alternative emission limit submitted under Section 301.3 of this rule shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.

(4) The permit shall specify applicable requirements for fugitive emission limitations, regardless of whether the 

source category in question is included in the list of sources contained in the definition of major source in 

Rule 100-General Provisions and Definitions of these rules.

c. As necessary, the following requirements with respect to monitoring:

(1) Requirements, including stipulated requirements, concerning the use, maintenance, and, where appropriate, 

installation of monitoring equipment or methods;

(2) Where the applicable requirement does not require periodic testing or instrumental or non-instrumental 

monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance 

with the permit as reported under Section 302.1(d) of this rule. Such monitoring requirements shall ensure 

use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the 

applicable requirement. Recordkeeping provisions may be sufficient to meet the requirements of this rule; 

and

(3) Any emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated under Sections 114(a)(3) or 504(b) of the Act.

d. With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and 

require, where applicable, the following:

(1) Records of required monitoring information that include the following:

(a) The date, place as defined in the permit, and time of sampling or measurements;

(b) The date(s) analyses were performed;
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(c) The name of the company or entity that performed the analysis;

(d) The analytical techniques or methods used;

(e) The results of such analysis; and

(f) The operating conditions as existing at the time of sampling or measurement.

(2) Retention of records of all required monitoring data and support information for a period of at least five 

years from the date of the monitoring sample, measurement, report, or application. Support information 

includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.

e. With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the 

following:

(1) Submittal of reports of any required monitoring at least every six months. All instances of deviations from 

permit requirements shall be clearly identified in such reports. All required reports shall be certified by a 

responsible official consistent with Section 301.7 and Section 305.1(e) of this rule.

(2) Prompt reporting of deviations from permit requirements, including those attributable to upset conditions as 

defined in the permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. The Control Officer shall define "prompt" in relation to the degree and type of deviation likely 

to occur and the applicable requirements.

f. A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV 

of the Act or the regulations promulgated thereunder and incorporated under Rule 371-Acid Rain of these rules.

(1) No permit revision shall be required for increases in emissions that are authorized by allowances acquired 

under the acid rain program and incorporated under Rule 371-Acid Rain of these rules, provided that such 

increases do not require a permit revision under any other applicable requirement.

(2) No limit shall be placed on the number of allowances held by the source. The source may not, however, use 

allowances as a defense to non-compliance with any other applicable requirement.

(3) Any such allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Act.

(4) Any permit issued under the requirements of this rule and Title V of the Act to a unit subject to the provisions of Title IV of the Act and incorporated under Rule 371-Acid Rain of these rules shall include conditions prohibiting all of the following:

(a) Annual emissions of sulfur dioxide in excess of the number of allowances to emit sulfur dioxide held 

by the owners or operators of the unit or the designated representative of the owners or operators.

(b) Exceedances of applicable emission rates.

(c) The use of any allowance prior to the year for which it was allocated.

(d) Violation of any other provision of the permit.

g. A severability clause to ensure the continued validity of the various permit requirements in the event of a 

challenge to any portions of the permit.

h. Provisions stating the following:

(1) That the permittee shall comply with all conditions of the permit including all applicable requirements of 

Arizona air quality statutes and the air quality rules. Compliance with permit terms and conditions does not 

relieve, modify, or otherwise affect the permittee’s duty to comply with all applicable requirements of Arizona air quality statutes and the Maricopa County Air Pollution Control Regulations. Any permit non-compliance is grounds for enforcement action; for a permit termination, revocation and reissuance, or revision; 

or for denial of a permit renewal application. Non-compliance with any federally enforceable requirement in 

a permit constitutes a violation of the Act.

(2) That the permittee shall halt or reduce the permitted activity in order to maintain compliance with applicable 

requirements of Federal laws, Arizona laws, these rules, or other conditions of the permit.

(3) That the permit may be revised, reopened, revoked and reissued, or terminated for cause. The filing of a 
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request by a permittee for a permit revision, revocation and reissuance, or termination, or of a notification of 

planned changes or anticipated noncompliance does not stay any permit condition.

(4) That the permit does not convey any property rights nor exclusive privilege, of any sort.

(5) That the permittee shall furnish to the Control Officer, within a reasonable time, any information that the 

Control Officer may request in writing to determine whether cause exists for revising, revoking and reissuing the permit, or terminating the permit, or to determine compliance with the permit. Upon request, the permittee shall also furnish to the Control Officer copies of records required to be kept by the permit. For 

information claimed to be confidential, the permittee shall furnish a copy of such records directly to the 

Administrator along with a claim of confidentiality.

(6) For any major source operating in a nonattainment area for any pollutant(s) for which the source is classified 

as a major source, the source shall comply with reasonably available control technology (RACT) as defined 

in Rule 100-General Provisions And Definitions of these rules.

(7) For any major source operating in a nonattainment area designated as serious for PM10, for which the source 

is classified as a major source for PM10, the source shall comply with the best available control technology 

(BACT), as defined in Rule 100-General Provisions And Definitions of these rules, for PM10.

i. A provision to ensure that a source pays fees to the Control Officer under A.R.S. §49-480(D) and Rule 280-Fees 

of these rules.

j. A provision stating that no permit revision shall be required under any approved economic incentives, marketable 

permits, emissions trading and other similar programs or processes for changes that are provided for in the 

permit.

k. Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as 

approved by the Control Officer. Such terms and conditions:

(1) Shall require the source, contemporaneously with making a change from one operating scenario to another, 

to record in a log at the permitted source a record of the scenario under which it is operating;

(2) Shall extend the permit shield described in Section 407 of this rule to all terms and conditions under each 

such operating scenario; and

(3) Must ensure that the terms and conditions of each such alternative scenario meet all applicable requirements 

and the requirements of this rule.

l. Terms and conditions, if the permit applicant requests them, as approved by the Control Officer, for the trading of 

emissions increases and decreases in the permitted source, to the extent that the applicable requirements provide 

for trading increases and decreases without a case-by-case approval of each emissions trade. Such terms and 

conditions:

(1) Shall include all terms required under Section 302.1 and Section 302.3 of this rule to determine compliance;

(2) May extend the permit shield described in Section 302.4 of this rule to all terms and conditions that allow 

such increases and decreases in emissions; and

(3) Shall meet all applicable requirements and requirements of this rule.

m. Terms and conditions, if the permit applicant requests them and they are approved by the Control Officer, setting 

forth intermittent operating scenarios including potential periods of downtime. If such terms and conditions are 

included, the county's emissions inventory shall not reflect the zero emissions associated with the downtime.

n. If a permit applicant requests it, the Control Officer shall issue permits that contain terms and conditions allowing 

for the trading of emission increases and decreases in the permitted source solely for the purpose of complying 

with a federally enforceable emission cap that is established in the permit independent of otherwise applicable 

requirements. The permit applicant shall include in its application proposed replicable procedures and permit 

terms that ensure the emissions trades are quantifiable and enforceable. The Control Officer shall not be required 

to include in the emissions trading provisions any emissions units for which emissions are not quantifiable or for 

which there are no replicable procedures to enforce the emissions trades. The permit shall also require 

compliance with all applicable requirements. Changes made under this section of this rule shall not include 

modifications under any provision of Title I of the Act and may not exceed emissions allowable under the permit. 
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The terms and conditions shall include notice that (1) conforms to Section 403.4 and Section 403.5 of this rule 

and (2) describes how the increases or decreases in emissions will comply with the terms and conditions of the 

permit.

o. Such terms and conditions as are consistent with the requirements of this rule, of Rule 100-General Provisions 

And Definitions of these rules and of the Clean Air Act and are found by the Control Officer to be necessary.

302.2 Federally Enforceable Requirements: All terms and conditions in a Title V Permit shall be enforceable by the 

Administrator and citizens under the Act, including any provisions designed to limit a source’s potential to emit. 

However, the Control Officer shall specifically designate as not being federally enforceable under the Act any terms 

and conditions included in the Title V Permit that are not required under the Act or under any of its applicable 

requirements. 

302.3 All applications for a permit required by this rule shall include a compliance plan meeting the requirements of Section 

503 of the Act.

302.4 Each permit shall include the applicable permit shield provisions set forth in Section 407 of this rule.

302.5 A Title V permit issued to a major source shall require that revisions be made under Rule 200-Permit Requirements of 

these rules to incorporate additional applicable requirements adopted by the Administrator under the Act that become 

applicable to a source with a permit with a remaining permit term of three or more years. No revision shall be required 

if the effective date of the applicable requirements is after the expiration of the permit. The revisions shall be made as 

expeditiously as practicable, but not later than 18 months after the promulgation of such standards and regulations. 

Any permit revision required under this section of this rule shall comply with provisions in Rule 200-Permit 

Requirements of these rules for permit renewal and shall reset the five year permit term.

303 PERMIT REVIEW BY THE EPA AND AFFECTED STATES:

303.1 Except as provided in Section 301.5 of this rule and as waived by the Administrator, for each Title V permit, a copy of 

each of the following shall be provided to the Administrator as follows:

a. The applicant shall provide a complete copy of the application, including any attachments, compliance plans, and 

other information required by Section 301.4 of this rule at the time of submittal of the application to the Control 

Officer.

b. The Control Officer shall provide the proposed final permit after public and affected State review.

c. The Control Officer shall provide the final permit at the time of issuance.

303.2 The Control Officer may require the application information to be submitted in a computer-readable format 

compatible with the Administrator’s national database management system.

303.3 The Control Officer shall keep all records associated with all permits including those records containing the 

calculations and rationale supporting the Control Officer's decision to issue a permit for a minimum of five years from 

permit issuance.

303.4 No permit for which an application is required to be submitted to the Administrator under Section 303.1 of this rule 

shall be issued if the Administrator properly objects to its issuance in writing within 45 days of receipt of the proposed 

final permit from the Control Officer and all necessary supporting information.

303.5 Review By Affected States:

a. For each Title V permit, the Control Officer shall provide notice of each proposed permit to any affected State on 

or before the time that the Control Officer provides this notice to the public as required under Section 408 of this 

rule except to the extent Section 405 of this rule requires the timing of the notice to be different.

b. If the Control Officer refuses to accept a recommendation of any affected State submitted during the public or 

affected State review period, the Control Officer shall notify the Administrator and the affected State in writing. 

The notification shall include the Control Officer's reasons for not accepting any such recommendation and shall 

be provided to the Administrator as part of the submittal of the proposed final permit. The Control Officer shall 

not be required to accept recommendations that are not based on federal applicable requirements or requirements 

of state law.

303.6 Any person who petitions the Administrator under 40 C.F.R. 70.8(d) shall notify the Control Officer by certified mail 

of such petition as soon as possible, but in no case more than 10 days following such petition. Such notice shall 
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include the grounds for objection and whether such objections were raised during the public comment period. A 

petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end 

of the 45-day administrative review period and prior to the Administrator’s objection.

303.7 If the Control Officer has issued a permit prior to receipt of the Administrator’s objection under this rule, and the 

Administrator indicates that a permit should be revised or revoked and reissued, the Control Officer shall respond 

consistent with Rule 200-Permit Requirements of these rules and may thereafter issue only a revised permit that 

satisfies the Administrator’s objection. In any case, the source shall not be in violation of the requirement to have 

submitted a timely and complete application.

303.8 Prohibition on Default Issuance:

a. No Title V permit including a permit renewal or revision shall be issued until affected States and the 

Administrator have had an opportunity to review the proposed permit.

b. No permit or renewal shall be issued unless the Control Officer has acted on the application.

304 EMISSION STANDARDS AND LIMITATIONS: Wherever applicable requirements apply different standards or limitations 

to a source for the same item, all applicable requirements shall be included in the permit.

305 COMPLIANCE PLAN; CERTIFICATION:

305.1 All permits shall contain the following elements with respect to compliance:

a. The following monitoring requirements sufficient to assure compliance with the terms and conditions of the 

permit:

(1) Any emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated under Section 114(a)(3) or 504(b) of the Act;

(2) Where the applicable requirement does not require periodic testing or instrumental or non-instrumental 

monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance 

with the permit, as reported under Section 305.1(c) of this rule. Such monitoring requirements shall assure 

use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the 

applicable requirements; and

(3) Requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods.

b. All applicable recordkeeping requirements, as described in Section 302.1(d) of this rule. 

c. All applicable reporting requirements including the following:

(1) Submittal of reports of any required monitoring at least every six months. All instances of deviations from 

permit requirements shall be clearly identified in such reports. All required reports shall be certified by a 

responsible official consistent with Section 305.1(e) of this rule.

(2) Reporting within two working days from knowledge of deviations from permit requirements, including 

those attributable to upset conditions as defined in the permit and the probable cause of such deviations. 

Reporting within a reasonable time of any long-term corrective actions or preventative measures taken.

d. Requirements for compliance certification with terms and conditions contained in the permit, including emission 

limitations, standards, or work practices. Permits shall include each of the following:

(1) The frequency for submissions of compliance certifications, which shall not be less than annually;

(2) The means to monitor the compliance of the source with its emissions limitations, standards, and work practices;

(3) A requirement that the compliance certification include the following:

(a) The identification of each term or condition of the permit that is the basis of the certification;

(b) The compliance status;

(c) Whether compliance was continuous or intermittent;
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(d) The method(s) used for determining the compliance status of the source, currently and over the 

reporting period; and

(e) Other facts the Control Officer may require to determine the compliance status of the source.

(4) A requirement that all compliance certifications be submitted to the Control Officer and to the Administrator;

(5) Additional requirements specified in Sections 114(a)(3) and 504(b) of the Act or under Rule 220-Non-Title 

V Permit Provisions, Section 304-Permits Containing Voluntarily Accepted Emissions Limitations, Controls, Or Other Requirements (Synthetic Minor) of these rules.

e. A requirement for any document required to be submitted by a permit, including reports, to contain a certification 

by a responsible official of truth, accuracy, and completeness. This certification and any other certification 

required under this rule shall state that, based on information and belief formed after reasonable inquiry, the 

statements and information in the document are true, accurate, and complete.

f. Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of 

proper credentials, to:

(1) Enter upon the permittee's premises where a source is located or emissions-related activity is conducted, or 

where records are required to be kept under the conditions of the permit;

(2) Have access to and copy, at reasonable times, any records that are required to be kept under the conditions of 

the permit;

(3) Inspect, at reasonable times, any sources, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit;

(4) Sample or monitor, at reasonable times, substances or parameters for the purpose of assuring compliance 

with the permit or other applicable requirements; and

(5) To record any inspection by use of written, electronic, magnetic, and photographic media.

g. A compliance plan that contains all of the following:

(1) A description of the compliance status of the source with respect to all applicable requirements.

(2) A description as follows:

(a) For applicable requirements with which the source is in compliance, a statement that the source will 

continue to comply with such requirements.

(b) For applicable requirements that will become effective during the permit term, a statement that the 

source will meet such requirements on a timely basis.

(c) For requirements with which the source is not in compliance at the time of permit issuance, a narrative 

description of how the source will achieve compliance with such requirements.

(3) A compliance schedule as follows:

(a) For applicable requirements with which the source is in compliance, a statement that the source will 

continue to comply with such requirements.

(b) For applicable requirements that will become effective during the permit term, a statement that the 

source will meet such requirements on a timely basis. A statement that the source will meet in a timely 

manner applicable requirements that become effective during the permit term shall satisfy this rule, 

unless a more detailed schedule is expressly required by the applicable requirement.

(c) A schedule of compliance for sources that are not in compliance with all applicable requirements at the 

time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an 

enforceable sequence of actions with milestones, leading to compliance with any applicable 

requirement for which the source will be in noncompliance at the time of permit issuance. This 

compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent 

decree or administrative order to which the source is subject. Any such schedule of compliance shall be 

supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is 

based.
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(4) A schedule for submission of certified progress reports no less frequently than every six months for sources 

required to have a schedule of compliance to remedy a violation. Such schedule shall contain:

(a) Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, 

and dates when such activities, milestones or compliance were achieved; and

(b) An explanation of why any dates in the schedule of compliance were not or will not be met, and any 

preventive or corrective measures adopted.

(5) The compliance plan content requirements specified in Section 305.1(g) of this rule shall apply and be 

included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Act and incorporated under Rule 371-Acid Rain of 

these rules with regard to the schedule and method(s) the source will use to achieve compliance with the 

acid rain emissions limitations.

h. If there is a Federal Implementation Plan (FIP) applicable to the source, a provision that compliance with the FIP 

is required.

SECTION 400 - ADMINISTRATIVE REQUIREMENTS

401 FEES REQUIRED: Persons subject to this rule shall pay the fees required, as set forth in Rule 280-Fees of these rules.

402 PERMIT TERM: A Title V Permit shall remain in effect for no more than five years.

403 SOURCE CHANGES ALLOWED WITHOUT PERMIT REVISIONS:

403.1 A source with a Title V permit may make changes that contravene an express permit term without a permit revision if 

all of the following apply:

a. The changes are not modifications under any provision of Title I of the Act or under A.R.S. §49-401.01(24) or as 

defined in Rule 100-General Provisions And Definitions of these rules;

b. The changes do not result in emissions that exceed the emissions allowable under the permit whether expressed 

therein as a rate of emissions or in terms of total emissions;

c. The changes do not violate any applicable requirements or trigger any additional applicable requirements;

d. The changes meet all requirements for processing as a minor permit revision under Section 405 of this rule;

e. The changes do not violate federally enforceable permit terms and conditions that are monitoring (including test 

methods), recordkeeping, reporting, or compliance certification requirements; and

f. The changes do not constitute a minor NSR modification.

403.2 The substitution of an item of process or pollution control equipment for an identical or substantially similar item of 

process or pollution control equipment shall qualify as a change that does not require a permit revision, if it meets all 

of the requirements of Sections 403.1, 403.4, and 403.5 of this rule.

403.3 Except for sources with authority to operate under general permits, permitted sources may trade increases and 

decreases in emissions within the permitted source, as established in the permit under Section 302.1(l) of this rule, 

where an applicable implementation plan provides for such emissions trades, without applying for a permit revision 

and based on the seven working days notice prescribed in Section 403.4 of this rule. This provision is available in 

those cases where the permit does not already provide for such emissions trading, and shall not include any emissions 

units for which emissions are not quantifiable nor for which there are no replicable procedures to enforce the 

emissions trades.

403.4 For each such change under Sections 403.1 and 403.3 of this rule, a written notice either by hand delivery or by 

certified mail shall be received by the Control Officer and the Administrator, a minimum of seven working days in 

advance of the change. Notifications of changes associated with emergency conditions, such as malfunctions 

necessitating the replacement of equipment, may be provided less than seven working days in advance of the change 

but must be provided as far in advance of the change, or if advance notification is not practicable, as soon after the 

change as possible.

403.5 Each notification shall include:
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a. When the proposed change will occur.

b. A description of each such change.

c. Any change in emissions of regulated air pollutants.

d. The pollutants emitted subject to the emissions trade, if any.

e. The provisions in the implementation plan that provide for the emissions trade with which the source will comply 

and any other information as may be required by the provisions in the implementation plan authorizing the trade.

f. If the emissions trading provisions of the implementation plan are invoked, then the permit requirements with 

which the source will comply.

g. Any permit term or condition that is no longer applicable as a result of the change.

403.6 The permit shield described in Section 407 of this rule shall not apply to any change made under Section 403.1 

through Section 403.3 of this rule. Compliance with the permit requirements that the source will meet using the 

emissions trade shall be determined according to requirements of the implementation plan authorizing the emissions 

trade.

403.7 Except as otherwise provided for in the permit, making a change from one alternative operating scenario to another, as 

provided in Section 302.1(k) of this rule, shall not require any prior notice under this rule.

403.8 Notwithstanding any other part of this rule, the Control Officer may require a permit to be revised for any change that, 

when considered together with any other changes submitted by the same source under this rule over the term of the 

permit, does not satisfy Section 403.1 of this rule.

403.9 403.8 The Control Officer shall make available to the public monthly summaries of all notices received under this rule.

404 ADMINISTRATIVE PERMIT AMENDMENTS:

404.1 Except for provisions to Title IV of the Act, an administrative permit amendment is a permit revision that does any of 

the following:

a. Corrects typographical errors;

b. Identifies a change in the name, address, or phone number of any person identified in the permit or provides a 

similar minor administrative change at the source;

c. Requires more frequent monitoring or reporting by the permittee; or

d. Allows for a change in ownership or operational control of a source under Rule 200-Permit Provisions of these 

rules, where the Control Officer determines that no other change in the permit is necessary, provided that a 

written agreement containing a specific date for transfer of permit responsibility coverage and liability between 

the current and new permittee has been submitted to the Control Officer.

404.2 Administrative permit amendments to Title IV provisions of the permit shall be governed by regulations promulgated 

by the Administrator under Title IV of the Act or incorporated under Rule 371-Acid Rain of these rules.

404.3 The Control Officer shall take no more than 60 days from receipt of a request for an administrative permit amendment 

to take final action on such request. Title V permits may incorporate such changes without providing notice to the 

public or affected States provided that such permits designate that such permit revisions have been made under this 

rule.

404.4 The Control Officer shall submit a copy of Title V permits revised under this rule to the Administrator.

404.5 Source's Ability To Make A Change: Except for permit transfers described in Rule 200-Permit Provisions of these 

rules, the source may implement the changes addressed in the request for an administrative permit amendment 

immediately upon submittal of the request.

405 MINOR PERMIT REVISIONS:

405.1 Minor permit revision procedures may be used only for those changes at a Title V source that satisfy all of the 

following:

a. Do not violate any applicable requirement;
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b. Do not involve substantive changes to existing monitoring, reporting, or recordkeeping requirements in the 

permit;

c. Do not require or change:

(1) A case-by-case determination of an emission limitation or other standard,

(2) A source specific determination of ambient impacts, or

(3) A visibility or increment analysis.

d. Do not seek to establish nor to change a Title V permit term or condition for which there is no corresponding 

underlying applicable requirement and that the Title V source has assumed in order to avoid an applicable 

requirement to which the Title V source would otherwise be subject. Such terms and conditions include:

(1) A federally enforceable emissions cap which the Title V source would assume to avoid classification as a 

modification under any provision of Title I of the Act; and

(2) An alternative emissions limit approved under regulations promulgated under the Section 112(i)(5) of the 

Act.

e. Are not modifications under any provision of Title I of the Act or Rule 372-Maricopa County Hazardous Air 

Pollutants (HAPs) Program of these rules.

f. Are not changes in fuels not represented in the permit application or provided for in the Title V permit.

g. The increase in the Title V source's potential to emit for any regulated air pollutant is not significant as defined in 

Rule 100-General Provisions And Definitions of these rules. Are not minor NSR modifications subject to Rule 

241 of these rules, except that minor NSR modifications subject to Rule 241, Section 310 of these rules may be 

processed as minor permit revisions; and

h. Are not required to be processed as a significant permit revision under Section 406 of this rule.

405.2 As approved by the Control Officer, minor permit revision procedures may be used for Title V permit revisions 

involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the 

extent that such minor permit revision procedures are explicitly provided for in an applicable implementation plan or 

in applicable requirements promulgated by the Administrator.

405.3 To request a minor permit revision, a source shall complete the “Standard Permit Application Form” and shall include 

the following information:

a. A description of the change, the emissions resulting from the change, and any new applicable requirements that 

will apply if the change occurs;

b. For any source that is making the change immediately after it files the application, the Title V source's suggested 

draft permit; and

c. Certification by a responsible official that the proposed revision meets the criteria for use of minor permit 

revision procedures and a request that such procedures be used.

405.4 EPA and Affected State Notification: Within five working days of the Control Officer’s receipt of an application for 

a minor permit revision, the Control Officer shall notify the Administrator and affected States of the requested permit 

revision in accordance with Section 303 of this rule.

405.5 The Control Officer shall not issue a final permit revision until after the Administrator’s 45-day review period or until 

the Administrator has notified the Control Officer that the Administrator will not object to issuance of the permit 

revision, whichever is first. Although, although the Control Officer may approve the permit revision prior to that time. 

Within 90 days of the Control Officer's receipt of an application under minor permit revision procedures, or 15 days 

after the end of the Administrator’s 45-day review period, whichever is later, the Control Officer shall do one or more 

of the following:

a. Issue the permit revision as proposed;

b. Deny the permit revision application;

c. Determine that the proposed permit revision does not meet the minor permit revision criteria and should be 

reviewed under the significant permit revision procedures; and/or
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d. Revise the proposed permit revision and transmit to the Administrator the new proposed permit revision as 

required in Section 303 of this rule.

405.6 Source's Ability to Make Change: The source may make the change proposed in its minor permit revision 

application immediately after it files the application. After the a Title V source makes the change allowed by the 

preceding sentence, and until the Control Officer takes any of the actions specified in Section 405.5 of this rule, the 

source shall comply with both the applicable requirements governing the change and the proposed revised permit 

terms and conditions. During this time period, the Title V source need not comply with the existing permit terms and 

conditions it seeks to modify. However, if the Title V source fails to comply with its proposed permit terms and 

conditions during this time period, the Control Officer may enforce existing permit terms and conditions, which the 

Title V source seeks to revise.

405.7 Permit Shield: The permit shield under Section 407 of this rule shall not extend to minor permit revisions.

405.8 Notwithstanding any other part of this rule, the Control Officer may require a permit to be revised under Section 406 

of this rule for any change that, when considered together with any other changes submitted by the same source under 

this rule or under Section 404 of this rule over the life of the permit, do not satisfy Section 405.1 of this rule.

405.9 The Control Officer shall make available to the public monthly summaries of all applications for minor permit 

revisions.

406 SIGNIFICANT PERMIT REVISIONS:

406.1 A significant permit revision shall be used for an application requesting a permit revision that does not qualify as a 

minor permit revision nor as an administrative permit amendment. 

406.2 A significant permit revision that is only required because of a change described in Section 405.1(f) or Section 

405.1(g) of this rule shall not be considered a significant permit revision under Part 70 for the purposes of 40 C.F.R. 

64.5(a)(2). Every significant change in existing monitoring permit terms or conditions and every relaxation of 

reporting or recordkeeping permit terms or conditions shall follow significant permit revision procedures.

406.3 Any modification to a major source of federally listed hazardous air pollutants, and any reconstruction of a source, or 

a process or production unit, under Section 112(g) of the Act and regulations promulgated thereunder, shall follow 

significant permit revision procedures and Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of 

these rules. 

406.4 All modifications to sources subject to Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these 

rules shall follow significant permit revision procedures.

406.5 Significant permit revisions shall meet all requirements of this rule for applications, public participation, review by 

affected States, and review by the Administrator, that apply to permit issuance and renewal.

406.6 The Control Officer shall process the majority of significant permit revision applications received each calendar year 

within nine months of receipt of a complete permit application but in no case longer than 18 months. Applications for 

which the Control Officer undertakes the accelerated permitting process, under Rule 200, Section 312 of these rules, 

shall not be included in this requirement. Section 406.7 of this rule does not change any time-frame requirements in 

Section 301 of this rule.

407 PERMIT SHIELDS:

407.1 Each Title V permit issued under this rule shall specifically identify all federal, state, and local air pollution control 

requirements applicable to the Title V source at the time the Title V permit is issued. The Title V permit shall state that 

compliance with the conditions of the Title V permit shall be deemed compliance with any applicable requirement as 

of the date of Title V permit issuance, provided that such applicable requirements are included and expressly identified 

in the Title V permit. The Control Officer may include in a Title V permit determination that other requirements 

specifically identified are not applicable. Any Title V permit issued under this rule that does not expressly state that a 

permit shield exists shall not provide such a shield.

407.2 Nothing in this rule or in any permit shall alter or affect the following:

a. The provisions of Section 303 of the Act-Emergency Orders, including the authority of the Administrator under 

that section.

b. The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the 
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time of permit issuance.

c. The applicable requirements of the acid rain program, consistent with Section 408(a) of the Act.

d. The ability of the Administrator or of the Control Officer to obtain information from a source under Section 114 

of the Act, or any provision of State law.

e. The authority of the Control Officer to require compliance with new applicable requirements adopted after the 

permit is issued.

407.3 In addition to the provisions of Rule 200-Permit Requirements of these rules, a permit shall be reopened by the 

Control Officer and the permit shield revised, when it is determined that standards or conditions in the permit are 

based on incorrect information provided by the applicant.

408 PUBLIC PARTICIPATION:

408.1 The Control Officer shall provide public notice, an opportunity for public comment, and an opportunity for a hearing 

before taking any of the following actions for a source required to obtain a permit under Title V of the Clean Air Act:

a. Issuing, denying, or renewing a permit.

b. Issuing or denying a significant permit revision.

c. Revoking and reissuing or reopening a permit.

d. Issuing a conditional order under Rule 120-Conditional Orders of these rules.

e. Granting a variance from a general permit under Rule 230-General Permits of these rules and Rule 372-Maricopa 

County Hazardous Air Pollutants (HAPs) Program of these rules.

408.2 The Control Officer shall provide public notice of receipt of complete applications for major sources permits or permit 

revisions subject to Rule 240 of these rules by publishing a notice in a newspaper of general circulation in Maricopa 

County.

408.3 The Control Officer shall provide the notice required under Section 408.1 of this rule as follows:

a. The Control Officer shall publish the notice once each week for two consecutive weeks in two newspapers of 

general circulation in the county where the source is or will be located.

b. The Control Officer shall mail a copy of the notice to persons on a mailing list developed by the Control Officer 

consisting of those persons who have requested in writing to be placed on such a mailing list.

c. The Control Officer shall give notice by other means if necessary to assure adequate notice to the affected public.

408.4 The notice required by Section 408.3 of this rule shall include the following:

a. Identification of the affected facility;

b. Name and address of the permittee or applicant;

c. Name and address of the permitting authority processing the permit action;

d. The activity or activities involved in the permit action;

e. The emissions change involved in any permit revision;

f. The air contaminants to be emitted;

g. A statement that any person may submit written comments, or a written request for a public hearing, or both, on 

the proposed permit action along with the deadline for such requests or comments;

h. The name, address, and telephone number of a person from the Department from whom additional information 

may be obtained;

i. Locations where copies of the permit or permit revision application, the proposed permit, and all other materials 

available to the Control Officer that are relevant to the permit decision may be reviewed, including the closest 

Department office, and the times at which such materials shall be available for public inspection;

j. A summary of any notice of confidentiality filed under Rule 100-General Provisions And Definitions of these 

rules; and
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k. If applicable, a statement that the source has submitted a risk management analysis (RMA) under Rule 372-

Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules.

l. A statement in the public record if the permit or permit revision would result in the generation of emission 

reduction credits under A.A.C. R18-2-1204-Title 18, Chapter 2, Article 12 or the utilization of emission 

reduction credits under A.A.C. R18-2-1206-Title 18, Chapter 2, Article 12.

m. The Control Officer’s preliminary determination whether the application for a permit or permit revision should be 

approved or disapproved.

408.5 The Control Officer shall hold a public hearing to receive comments on petitions for conditional orders, which would 

vary from requirements of the applicable implementation plan. For all other actions involving a proposed permit, the 

Control Officer shall hold a public hearing only upon written request. If a public hearing is requested, the Control 

Officer shall schedule the hearing and publish notice as described in A.R.S. §49-498 and in Section 408.4 of this rule. 

The Control Officer shall give notice of any public hearing at least 30 days in advance of the hearing.

408.6 At the time the Control Officer publishes the first notice under Section 408.3(a) of this rule, the applicant shall post a 

notice containing the information required in Section 408.4 of this rule at the site where the source is or may be 

located. Consistent with federal, State, and local law, the posting shall be prominently placed at a location under the 

applicant's legal control, adjacent to the nearest public roadway, and visible to the public using the public roadway. If 

a public hearing is to be held, the applicant shall place an additional posting providing notice of the hearing. Any 

posting shall be maintained until the public comment period is closed.

408.7 The Control Officer shall provide at least 30 days from the date of the first notice for public comment to receive 

comments and requests for a hearing. The Control Officer shall keep a record of the commenters and of the issues 

raised during the public participation process and shall prepare written responses to all comments received. At the time 

a final decision is made proposed permit is submitted to the EPA, the record and copies of the Control Officer's 

responses shall be made available to the applicant and to all commenters.

SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)

REGULATION II - PERMITS AND FEES

RULE 220

NON-TITLE V PERMIT PROVISIONS

INDEX

SECTION 100 - GENERAL

101PURPOSE

102APPLICABILITY

SECTION 200 – DEFINITIONS (NOT APPLICABLE)

SECTION 300 - STANDARDS

301 PERMIT APPLICATION PROCESSING PROCEDURES

302 PERMIT CONTENTS

303 COMPLIANCE PLANS

304 PERMITS CONTAINING VOLUNTARILY ACCEPTED EMISSIONS LIMITATIONS, CONTROLS, OR OTHER 

REQUIREMENTS (SYNTHETIC MINOR)

SECTION 400 - ADMINISTRATIVE REQUIREMENTS

401 FEES REQUIRED
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1378 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

402 PERMIT TERM

403 SOURCE CHANGES THAT REQUIRE NON-TITLE V PERMIT REVISIONS 

404 PROCEDURES FOR CERTAIN CHANGES THAT DO NOT REQUIRE A NON-TITLE V PERMIT REVISION

405 PERMIT REVISIONS

406 PERMIT REVISIONS PROCEDURES 

407 PUBLIC PARTICIPATION

408 AMENDMENTS TO A PERMIT

SECTION 500 - MONITORING AND RECORDS

501 LOG RETENTION REQUIREMENT

502 LOG FORMAT SPECIFICATIONS

503 LOG FILING

Revised 07/13/88

Repealed And Adopted 11/15/93

Revised 02/15/95

Revised 06/19/96

Revised 03/04/98

Revised 07/26/00

Revised 05/07/03

Revised 06/06/07

Revised 07/13/1988; Repealed And Adopted 11/15/1993; Revised 02/15/1995; Revised 06/19/1996; Revised 03/04/1998; Revised 07/26/

2000; Revised 05/07/2003; Revised 06/06/2007; Revised xx/xx/xxxx

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION II - PERMITS AND FEES

RULE 220

NON-TITLE V PERMIT PROVISIONS

SECTION 100 - GENERAL

101 PURPOSE: To provide an orderly procedure for the review of Non-Title V sources of air pollution through the issuance of 

Non-Title V permits.

102 APPLICABILITY: This rule applies to each source requiring a Non-Title V permit or permit revision.

SECTION 200 - DEFINITIONS (NOT APPLICABLE) See Rule 100-General Provisions And Definitions of these rules for definitions 

of terms that are used but not specifically defined in this rule.
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SECTION 300 - STANDARDS

301 PERMIT APPLICATION PROCESSING PROCEDURES:

301.1 Standard Application Form And Required Information: To apply for a permit under this rule, applicants shall 

complete a permit application filed in the manner and form prescribed by the Control Officer. The Control Officer, 

either upon the Control Officer's own initiative or upon the request of a permit applicant, may waive the requirement 

that specific information or data for a particular source or category of sources be submitted in the Non-Title V permit 

application. However, the Control Officer must determine that the information or data would be unnecessary to 

determine all of the following:

a. The applicable requirements to which the source may be subject;

b. The design and control of the air pollution control equipment such that the source may be expected to operate 

without emitting or without causing to be emitted air contaminants in violation of these rules;

c. The fees to which the source may be subject under Rule 280-Fees of these rules; and

d. A proposed emission limitation, control, or other requirement that meets the requirements of Section 304 of this 

rule.

301.2 Permit Application And A Compliance Plan:

a A permit application, required by this rule, shall include a compliance plan, if applicable, which meets the 

requirements of Section 303 of this rule when a notice of violation has been issued and not resolved at the time 

the permit application is filed.

b. A permit application, required by this rule, can include a compliance plan, if applicable, which meets the 

requirements of Section 303 of this rule when the following circumstances occur:

(1) When a source is not in compliance with these rules but has not been issued a notice of violation,

(2) Under other circumstances determined by the Control Officer.

301.3 A Timely Permit Application:

a. For a source, other than a major source, applying for a permit for the first time, that becomes subject to the permit 

program as a result of a change in regulation and not as a result of construction or a physical or operational 

change, one that is submitted within 12 months after the source becomes subject to the permit program.

a. b. Unless otherwise required by Rule 200-Permit Requirements of these rules and for For purposes of permit 

renewal, a timely application is one that is submitted at least six months, but not more than 18 months, prior to the 

date of permit expiration.

b. c. Unless otherwise required by Rule 200-Permit Requirements of these rules and for any existing source which 

becomes subject to a standard promulgated by the Administrator under Section 112(d) of the Act-Hazardous Air 

Pollutants-Emission Standards, a timely application is a permit revision application that is submitted within 12 

months of the date on which the standard is promulgated. Such permit revision application shall be subject to 

Rule 210-Title V Permit Provisions of these rules.

301.4 A complete application is one that satisfies all of the following:

a. To be complete, an application shall provide all information required under Section 301.1 of this rule, except that 

notifications of permit revision need supply such information only if it is related to the proposed change. A 

responsible official shall certify the submitted information, consistent with Section 301.6 of this rule.

b. To be complete, an application for a new permit or a notification of a permit revision shall contain an assessment 

of the applicability of the requirements of Rule 241-Permits For New Sources And Modifications To Existing 

Sources Minor New Source Review (NSR) of these rules and shall comply with all applicable requirements of 

Rule 241-Permits For New Sources And Modifications To Existing Sources Minor New Source Review (NSR)

of these rules. If the applicant determines that the proposed new source is subject this Rule 241 of these rules, or 

the proposed permit revision constitutes a minor NSR modification, then the application shall comply with all 

applicable requirements of Rule 241 of these rules.

c. To be complete, an application for a new permit or a notification of a permit revision shall contain an assessment 

of the applicability of the requirements established under Rule 372-Maricopa County Hazardous Air Pollutants 
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(HAPs) Program of these rules. If the proposed new source permit or the proposed permit revision is subject to 

the requirements of Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules, the 

application shall comply with all applicable requirements of Rule 372-Maricopa County Hazardous Air 

Pollutants (HAPs) Program of these rules.

d. An application for a new permit, a notification of a permit revision, or a permit renewal shall be deemed to be 

complete unless the Control Officer notifies the applicant by certified mail within 60 days of receipt of the 

application that the application is not complete and specifies what additional information is necessary for the 

application to be complete.

e. If, while processing an application that has been determined or deemed to be complete, the Control Officer 

determines that additional information is necessary to evaluate or to take final action on that application, the 

Control Officer may request such information in writing and may set a reasonable deadline for a response. Except 

for minor permit revisions procedures as set forth in Section 406 of this rule, a source's ability to continue 

operating without a permit, as set forth in this rule, shall be in effect from the date the application is determined to 

be complete until the final permit is issued, provided that the applicant submits any requested additional 

information by the deadline specified by the Control Officer. The Control Officer may, after one submittal by the 

applicant under this rule, reject an application that is still determined to be incomplete and shall notify the 

applicant of the decision by certified mail.

f. The completeness determination shall not apply to revisions processed through the minor permit revision process.

g. The Control Officer agrees with the notice of confidentiality submitted under A.R.S. §49-487.

h. Any emission source or equipment item listed in Rule 200-Permit Requirements of these rules shall be included 

in the application. The application need not provide emissions data regarding the activities listed in Rule 200-

Permit Requirements of these rules. If the Control Officer determines that a source or an activity listed on the 

application does not meet the requirements of Rule 200-Permit Requirements of these rules, the Control Officer 

shall notify the applicant in writing and specify additional information required, which may include emissions 

data and supporting documents.

i. If a source wishes to voluntarily enter into an emissions limitation, control, or other requirement pursuant to 

Section 304 of this rule, a source shall describe that emissions limitation, control, or other requirement in its 

application, along with proposed associated monitoring, recordkeeping, and reporting requirements necessary to 

demonstrate that the emissions limitation, control, or other requirement is permanent, quantifiable, and otherwise 

enforceable as a practical matter.

301.5 Duty To Supplement Or Correct Application: Any applicant who fails to submit any relevant facts or who has 

submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect 

submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide 

additional information as necessary to address any requirements that become applicable to the source after the date it 

filed a complete application but prior to release of a proposed permit.

301.6 Action on Application:

a. The Control Officer may issue a permit with a compliance schedule for a source that is not in compliance with all 

applicable requirements at the time of permit issuance.

b. For Non-Title V permits that contain voluntary emission limits, controls, or other requirements established under 

Section 304 of this rule, the Control Officer shall have complied with the requirement of Section 304.4 of this 

rule to provide the Administrator with a copy of each such proposed permit. In addition, the Control Officer may 

issue, revise, or renew a permit only if all of the following conditions have been met:

(1) The permit application received must be complete according to Section 301.4 of this rule.

(2) Except for revisions qualifying as administrative or minor under Sections 405.1 and 405.2 of this rule, all of 

the requirements for public notice and participation under Section 407 of this rule must have been met.

(3) The conditions of the permit shall require compliance with all applicable requirements.

(4) For permits for which an application is required to be submitted to the Administrator under Section 304 of 

this rule, and to which the Administrator has properly objected to its issuance in writing within 45 days of 

receipt of the proposed final permit and all necessary supporting information from the Control Officer, the 

Control Officer has revised and submitted a proposed final permit in response to the objection and the 
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Administrator has not objected to this proposed final permit within 45 days of receipt.

c. The Control Officer may issue a notice of revocation of a permit issued under this rule if:

(1) The Control Officer has reasonable cause to believe that the permit was obtained by fraud or misrepresentation.

(2) The person applying for the permit failed to disclose a material fact required by the permit application form 

or the regulation applicable to the permit, of which the applicant had or should have had knowledge at the 

time the application was submitted.

(3) The terms and conditions of the permit have been or are being violated and the violation has not been corrected within a reasonable period of time as specified by the Control Officer.

d. If the Control Officer issues a notice of denial or revocation of a permit under this rule, the notice shall be served 

on the applicant or permittee by certified mail, return receipt requested. The notice shall include a statement 

detailing the grounds for the denial or revocation and explaining that the permit applicant or permittee is entitled 

to a hearing under A.R.S. §49-482.

e. Except as provided in Rule 200-Permit Requirements of these rules, the Control Officer shall take final action on 

each permit application (and request for revision or renewal) within 90 days of receipt of a complete application, 

unless a finding is made that more time is needed, but in no case longer than nine months after receiving a 

complete application.

301.7 Except as noted under the provisions in Section 404 of this rule, no source may operate after the time that it is required 

to submit a timely and complete application, except in compliance with a permit issued under this rule. However, if a 

source submits a timely and complete application for permit issuance, revision, or renewal, the source's failure to have 

a permit is not a violation of these rules until the Control Officer takes final action on the application. This protection 

shall cease to apply if, subsequent to the completeness determination, the applicant fails to submit, by the deadline 

specified in writing by the Control Officer, any additional information identified as being needed to process the application. If a source submits a timely and complete application for a permit renewal, but the Control Officer fails to issue 

or deny the renewal permit before the end of the term of the previous permit, then the permit shall not expire until the 

permit renewal has been issued or denied. This section of this rule does not affect a source’s obligation to obtain a permit revision before making a modification to the source.

302 PERMIT CONTENTS: Each permit issued under this rule shall include the following elements:

302.1 The date of issuance and the permit term.

302.2 Enforceable emission limitations and standards, including those operational requirements and limitations that ensure 

compliance with all applicable requirements at the time of issuance, and operational requirements and limitations that 

have been voluntarily accepted under Section 304 of this rule, or that have been voluntarily accepted under Rule 201-

Emissions Caps of these rules. Whenever more than one standard in this rule applies to any source, or whenever a 

standard in this rule and a standard in the Maricopa County Air Pollution Control Regulations Regulation III-Control 

Of Air Contaminants applies to any source, the rule or combination of rules resulting in the lowest rate or lowest 

concentration of regulated air pollutants released to the atmosphere shall apply, unless otherwise specifically 

exempted or designated.

302.3 A compliance plan, if applicable, which meets the requirements of Section 303 of this rule.

302.4 As necessary, requirements concerning the use, maintenance, and if applicable, installation of monitoring equipment 

or methods.

302.5 Periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the 

source’s compliance with the permit, if the applicable requirement does not require periodic testing or instrumental or 

non-instrumental monitoring (which may consist of recordkeeping designed to serve as monitoring). The monitoring 

requirements shall ensure use of terms, test methods, units, averaging periods, and other statistical conventions 

consistent with the applicable requirement and as otherwise required under Section 304 of this rule. Recordkeeping 

provisions may be sufficient to meet the requirements of this rule.

302.6 All emissions monitoring and analysis procedures or test methods required under the applicable requirements, 

including any procedures and methods promulgated under Section 114(a)(3) of the Act and including any monitoring 

and analysis procedures or test methods required under Section 304 of this rule.
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302.7 All recordkeeping requirements, including recordkeeping requirements established under Section 304 of this rule, if 

applicable, for the retention of records of all required monitoring data and support information for a period of at least 

five years from the date of the monitoring sample, measurement, report, or application. Support information includes 

all calibration and maintenance records, all strip-chart recordings for continuous monitoring instrumentation, and 

copies of all reports required by the permit.

302.8 All applicable reporting requirements, and require including submittal of any required monitoring reports at least 

annually. Upon request, such reporting requirements shall require and prompt reporting of deviations from permit 

requirements, including those deviations attributable to upset conditions, as defined in the permit. Reports of 

deviations shall include the probable cause of the deviations and any corrective actions or preventative measures 

taken. For the purposes of this Section, reporting shall be considered prompt when such reporting is made in 

accordance with Rule 130-Emergency Provisions of these rules.

302.9 A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to 

any portion of the permit.

302.10 Provisions stating that it shall not be a defense for a permittee in an enforcement action that it would have been 

necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.

302.11 Provisions stating that the permit may be revised, reopened, revoked and reissued, or terminated for cause. The filing 

of a request by the permittee for a permit revision, revocation and reissuance, or termination, or of a notification of 

planned changes or anticipated non-compliance does not stay any permit condition.

302.12 Provisions stating that the permit does not convey any property rights nor does it convey exclusive privileges of any 

sort.

302.13 Provisions stating that the permittee shall furnish to the Control Officer, within a reasonable time, any information that 

the Control Officer may request in writing to determine whether cause exists for revising, revoking and reissuing the 

permit, or terminating the permit, or to determine compliance with the permit. Upon request, the permittee shall also 

furnish, to the Control Officer copies of records required to be kept by the permit.

302.14 Provisions stating that any document required to be submitted by a permit, including reports, shall contain certification 

by a responsible official of truth, accuracy, and completeness under Rule 100-General Provisions And Definitions of 

these rules.

302.15 A provision to ensure that a source pays fees to the Control Officer under A.R.S. §49-480(D) and Rule 280-Fees of 

these rules.

302.16 Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as 

approved by the Control Officer. Such terms and conditions shall require the source, contemporaneously with making 

a change from one operating scenario to another, to record in a log at the permitted source a record of the scenario 

under which it is operating. The terms and conditions of each such alternative scenario must meet all applicable 

requirements and the requirements of this rule.

302.17 Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of proper 

credentials, to enter upon the permittee’s premises, where a source is located or where emission-related activity is 

conducted, or where records are required to be kept, under the conditions of the permit.

302.18 Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of proper 

credentials, to have access to and to copy, at reasonable times, any records that are required to be kept under the 

conditions of the permit.

302.19 Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of proper 

credentials, to inspect, at reasonable times, any source’s equipment (including monitoring and air pollution control 

equipment), practices, or operations regulated or required under the permit.

302.20 Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of proper 

credentials, to sample or monitor, at reasonable times, substances or parameters for the purpose of assuring 

compliance with the permit or other applicable requirements.

302.21 Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of proper 

credentials, to record any inspection by use of written, electronic, magnetic, and photographic media.

302.22 Provisions specifying the conditions under which the permit will be reopened prior to the expiration date of the permit.
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302.23 Federally Enforceable Requirements: Designated terms and conditions contained in Non-Title V permits issued under 

Rule 220-Non-Title V Permit Provisions of these rules will be considered federally enforceable, provided that the 

County's Permit Program is approved by the Administrator and incorporated into the applicable State Implementation 

Plan (SIP) under Section 110 of the Act, and the permit meets the requirements set forth in Section 304 of this rule:

a. Terms or conditions designated as federally enforceable in a Non-Title V permit, including but not limited to 

those that are entered into voluntarily under Section 304 of this rule and which have been submitted to the 

Administrator for review, include:

(1) Emissions limitations, controls, or other requirements; and

(2) Monitoring, recordkeeping, and reporting requirements associated with the emissions limitations, controls, 

or other requirements.

b. The Control Officer shall specifically designate as not being federally enforceable under the Act any terms and 

conditions included in a Non-Title V permit that are not required under the Act, or under any such applicable 

requirements, or that are not entered into voluntarily under Section 304 of this rule.

302.24 Provisions stating that the permittee shall comply with all conditions of the permit including all applicable 

requirements of Arizona air quality statutes and the air quality rules. Compliance with permit terms and conditions 

does not relieve, modify, or otherwise affect the permittee’s duty to comply with all applicable requirements of 

Arizona air quality statutes and the Maricopa County Air Pollution Control Regulations. Any permit non-compliance 

is grounds for enforcement action; for a permit termination, revocation and reissuance, or revision; or for denial of a 

permit renewal application. Non-compliance with any federally enforceable requirement in a permit constitutes a 

violation of the Act.

303 COMPLIANCE PLANS: Each compliance plan shall contain the following elements:

303.1 A description of the compliance status of the source with respect to applicable requirements that will become effective 

during the permit term or for which the source is not in compliance at the time of permit issuance.

303.2 A description as follows:

a. For applicable requirements that will become effective during the permit term, a statement that the source will 

meet such requirements on a timely basis.

b. For requirements with which the source is not in compliance at the time of permit issuance, a narrative 

description of how the source will achieve compliance with such requirements.

c. For additional requirements as may be specified under Section 304 of this rule.

303.3 A compliance schedule as follows:

a. For applicable requirements that will become effective during the permit term, a statement that the source will 

meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable 

requirements that become effective during the permit term shall satisfy this rule, unless a more detailed schedule 

is expressly required by the applicable requirement.

b. A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of 

permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable 

sequence of actions with milestones, leading to compliance with any applicable requirement for which the source 

will be in non-compliance at the time of permit issuance. This compliance schedule shall resemble and be at least 

as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. 

Any such schedule of compliance shall be supplemental to, and shall not sanction non-compliance with, the 

applicable requirements on which it is based.

303.4 A schedule for submission of certified progress reports no less frequently than every six months for sources required 

to have a schedule of compliance to remedy a violation. Such schedule shall contain:

a. Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates 

when such activities, milestones, or compliance were achieved; and

b. An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or 

corrective measures adopted.
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303.5 If there is a Federal Implementation Plan (FIP) applicable to the source, a provision that compliance with the FIP is 

required.

303.6 The Control Officer may develop special guidance documents and forms to assist certain sources in completing the 

compliance plan.

304 PERMITS CONTAINING VOLUNTARILY ACCEPTED EMISSIONS LIMITATIONS, CONTROLS, OR OTHER 

REQUIREMENTS (SYNTHETIC MINOR):

304.1 A source may voluntarily propose in its application, and accept in its permit, emissions limitations, controls, or other 

requirements that are permanent, quantifiable, and otherwise enforceable as a practical matter in order to avoid 

classification as a source that requires a Title V permit, or to avoid one or more other applicable requirements. For the 

purposes of this rule, "enforceable as a practical matter" means that specific means to assess compliance with an 

emissions limitation, control, or other requirement are provided for in the permit in a manner that allows compliance 

with the limit standard or trade provision to be readily determined by an inspection of the source records or reports. In 

addition, for the purposes of this rule, “enforceable as a practical matter” shall include the following criteria:

a. The permit conditions are permanent and quantifiable;

b. The permit includes a legally enforceable obligation to comply;

c. The permit limits impose an objective and quantifiable operational or production limit, or require the use of inplace air pollution control equipment;

d. The permit limits have short-term averaging times consistent with the averaging times of the applicable 

requirement;

e. The permit conditions are enforceable and are independent of any other applicable limitations; and

f. The permit conditions for monitoring, recordkeeping, and reporting requirements are sufficient to comply with 

Rule 220-Non-Title V Permit Provisions, Sections 302.3, 302.4, 302.5, 302.6, and 302.7 of these rules.

304.2 In order for a source to obtain a permit containing voluntarily accepted emissions limitations, controls, or other 

requirements, the source shall demonstrate all of the following in its permit application:

a. The emissions limitations, controls, or other requirements to be imposed for the purpose of avoiding an 

applicable requirement are at least as stringent as the emissions limitations, controls, or other requirements that 

would otherwise be applicable to that source, including those that originate in an applicable implementation plan; 

and 

b. All voluntarily accepted emissions limitations, controls, or other requirements will be permanent, quantifiable, 

and otherwise enforceable as a practical matter.

304.3 The Control Officer shall not issue a permit that waives nor makes less stringent any limitations or requirements 

contained in or issued under an applicable implementation plan or that are otherwise federally enforceable.

304.4 At the same time as notice of proposed issuance is first published under A.R.S. §49-426(D), the Control Officer shall 

send a copy of any Non-Title V permit proposed to be issued under Section 304 of this rule to the Administrator 

review during the comment period described in the notice under Section 407 of this rule.

304.5 The Control Officer shall send a copy of each final permit issued under Section 304 of this rule to the Administrator.

304.6 For all permits containing voluntarily accepted emission limitations, controls, or other requirements established under 

this section, the Control Officer shall provide an opportunity for public participation as provided for in Section 407 of 

this rule.

SECTION 400 - ADMINISTRATIVE REQUIREMENTS

401 FEES REQUIRED: Persons subject to this rule shall pay the fees required, as set forth in Rule 280-Fees of these rules.

402 PERMIT TERM: A Non-Title V permit shall remain in effect for no more than five years.

403 SOURCE CHANGES THAT REQUIRE NON-TITLE V PERMIT REVISIONS:

403.1 A source with a Non-Title V permit may make any physical change or change in the method of operation without 
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revising the source's permit, unless the change is specifically prohibited in the source's permit or is a change described 

in the following subsections. A change that does not require a permit revision may still be subject to requirements in 

Section 404 of this rule.

403.2 The following changes at a source with a Non-Title V permit shall require a permit revision:

a. A change that triggers would trigger a new applicable requirement or violates violate an existing applicable 

requirement;

b. Establishment of, or change in, an emissions cap; 

c. A change that will require a case-by-case determination of an emissions limitation or other standard, or a source 

specific determination of ambient impacts, or a visibility or increment analysis;

d. A change that results in emissions which are subject to monitoring, recordkeeping, or reporting under Sections 

302.6, 302.7, and 302.8 of this rule, if the emissions cannot be measured or otherwise adequately quantified by 

monitoring, recordkeeping, or reporting requirements already in the permit;

e. A change that will authorize the burning of used oil, used oil fuel, hazardous waste or hazardous waste fuel, or 

any other fuel not currently authorized by the permit;

f. A change that requires the source to obtain a Title V permit under Rule 210-Title V Permit Provisions of these 

rules;

g. Replacement of an item of air pollution control equipment listed in the permit with one that does not have the 

same or better pollutant removal efficiency;

h. Establishment or revision of an emissions limit under Section 304 of this rule;

i. Increasing operating hours or rates of production above the permitted level; and

j. Making a change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change 

results:

(1) From removing equipment that results in a permanent decrease in actual emissions, if the source keeps onsite records of the change in a log that satisfies Section 500 of this rule and if the requirements that are 

relaxed are present in the permit solely for the equipment that was removed; or

(2) From a change in an applicable requirement. ; and

k. A minor NSR modification.

404 PROCEDURES FOR CERTAIN CHANGES THAT DO NOT REQUIRE A NON-TITLE V PERMIT REVISION:

404.1 Except for a physical change or change in the method of operation at a Non-Title V source requiring a permit revision 

under Section 403 of this rule or a change subject to logging or notice requirements in Section 404.2 of this rule or 

Section 404.3 of this rule, a change at a Non-Title V source shall not be subject to revision, notice, or logging requirements under these rules.

404.2 Except as otherwise provided in the conditions applicable to an emissions cap created under Rule 201-Emissions Caps 

of these rules, the following changes may be made if the source keeps on-site records of the changes according to Section 500 of this rule:

a. Implementing an alternative operating scenario, including raw material changes;

b. Changing process equipment, operating procedures, or making any other physical change if the permit requires 

the change to be logged;

c. Engaging in any new exempted activity listed in Rule 200-Permit Requirements, Section 303.3(c) of these rules, 

but not listed in the permit;

d. Replacing an item of air pollution control equipment listed in the permit with an identical (same model, different 

serial number) item. The Control Officer may require verification of efficiency of the new equipment by 

performance tests; and

e. Making a change that results in a decrease in actual emissions, if the source wants to claim credit for the decrease 

in determining whether the source has a net emissions increase for any purpose. The logged information shall 

include a description of the change that will produce the decrease in actual emissions. A decrease that has not 
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been logged is creditable only if the decrease is quantifiable, enforceable, and otherwise qualifies as a creditable 

decrease.

404.3 Except as otherwise provided in the conditions applicable to an emissions cap created under Rule 201-Emissions Caps 

of these rules, the following changes may be made if the source provides written notice to the Control Officer in 

advance of the change as provided below:

a. Replacing an item of air pollution control equipment listed in the permit with one that is not identical but that is 

substantially similar and has the same or better pollutant removal efficiency: 7 days. The Control Officer may 

require verification of efficiency of the new equipment by performance tests;

b. Making a physical change or change in the method of operation that increases actual emissions more than 10% of 

the major source threshold for any conventional air pollutant but does not require a permit revision: 7 days;

c. Replacing an item of air pollution control equipment listed in the permit with one that is not substantially similar 

but that has the same or better efficiency: 30 days. The Control Officer may require verification of efficiency of 

the new equipment by performance tests;

d. Making any change that would trigger an applicable requirement that already exists in the permit: 30 days, unless 

otherwise required by the applicable requirement;

e. Making a change that amounts to reconstruction of the source or an affected facility: 7 days. For purposes of this 

section reconstruction of a source or an affected facility shall be presumed if the fixed capital cost of the new 

components exceed 50% of the fixed capital cost of a comparable entirely new source or affected facility and the 

changes to the components have occurred over the 12 consecutive months beginning with commencement of 

construction; and

f. Making a change that will result in the emissions of a new regulated air pollutant above an applicable regulatory 

threshold, but that does not trigger a new applicable requirement for that source category: 30 days. For purposes 

of this requirement, an applicable regulatory threshold for a conventional air pollutant shall be 10% of the 

applicable major source threshold for that pollutant.

404.4 For each change under Section 404.3 of this rule, the written notice shall be by certified mail or hand delivery and 

shall be received by the Control Officer the minimum amount of time in advance of the change. Notifications of 

changes associated with emergency conditions, such as malfunctions necessitating the replacement of equipment, may 

be provided with less than required notice, but must be provided as far in advance of the change, or if advance notification is not practicable, as soon after the change, as possible.

404.5 The written notice shall include:

a. When the proposed change will occur;

b. A description of the change;

c. Any change in emissions of regulated air pollutants; and

d. Any permit term or condition that is no longer applicable as a result of the change.

404.6 Notwithstanding any other part of this section of this rule, the Control Officer may require a permit to be revised for 

any change that, when considered together with any other changes submitted by the same source under this section of 

this rule over the term of the permit, constitutes a change under Section 403.2 of this rule.

404.7 If a source change is described under both Section 404.2 of this rule and Section 404.3 of this rule, the source shall 

comply with Section 404.3 of this rule.

404.8 If a source change is described under both Section 404.3 of this rule and Section 403.1 of this rule, the source shall 

comply with Section 403.1 of this rule.

404.9 A source may implement any change under Section 404.3 of this rule without the required notice by applying for a 

minor permit revision under Section 405.2 of this rule and complying with Section 406.1 of this rule.

405 PERMIT REVISIONS:

405.1 Administrative Permit Revisions:

a. An administrative permit revision is required to correct typographical errors in a Non-Title V Permit.
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b. An administrative permit revision is required to change the name, address, or phone number of any person 

identified in the Non-Title V permit.

c. An administrative permit revision is required to change ownership or operational control of a source with a NonTitle V permit, where the Control Officer determines that no other change in the permit is necessary, provided 

that a written agreement containing a specific date for the change of permit responsibility and liability between 

the current and new permittee has been submitted to the Control Officer.

d. Incorporates any other type of change which the Control Officer has determined to be similar to those changes 

described in this subsection.

405.2 Minor Permit Revisions: 

a. Minor permit revision procedures shall be used for a change that triggers a new applicable requirement, if all of 

the following apply:

(1) For emissions units not subject to an emissions cap, the net emissions increase is less than the significance 

level defined in Rule 100-General Provisions And Definitions of these rules; The change is not a minor NSR 

modification subject to Rule 241 of these rules, except that minor NSR modifications subject to Rule 241, 

Section 310 of these rules may be processed as minor permit revisions;

(2) A case-by-case determination of an emissions limitation or other standard is not required; and

(3) The change does not require the source to obtain a Title V permit under Rule 210-Title V Permit Provisions 

of these rules.

b. Minor permit revision procedures shall be used for a change that increases operating hours or rates of production

increases emissions above the permitted level, unless the increase otherwise creates a condition that requires a 

non-minor permit revision; 

c. Minor permit revision procedures shall be used for a change in fuel from fuel oil or coal to natural gas or propane, 

if not authorized in the permit;

d. Minor permit revision procedures shall be used for a change that results in emissions subject to monitoring, 

recordkeeping, or reporting under Sections 302.6, 302.7, or 302.8 of this rule and that cannot be measured or 

otherwise adequately quantified by monitoring, recordkeeping, or reporting requirements already in the permit;

e. Minor permit revision procedures shall be used for a change that decreases emissions permitted under an 

emissions cap under Rule 201-Emissions Caps of these rules, unless the decrease requires a change in the 

conditions required to enforce the emissions cap or to ensure that emissions trades conducted under the emissions 

cap are quantifiable and enforceable; and

f. Minor permit revision procedures shall be used for a change that replaces an item of air pollution control 

equipment listed in the permit with one that does not have the same or better efficiency.

405.3 Non-Minor Permit Revisions: A source with a Non-Title V permit shall make the following changes only after its 

permit is revised following the public participation requirements of Section 407 of this rule:

a. Establishing or revising a voluntarily accepted emission limitation or standard described in Section 304 of this 

rule, or an emissions cap described in Rule 201-Emissions Caps of these rules, except a decrease in the limitation 

authorized by Section 405.2(e) of this rule;

b. Making any change in fuel not authorized by the Non-Title V permit and that is not fuel oil or coal to natural gas 

or propane;

c. A change to, or an addition of, an emissions unit not subject to an emissions cap that will result in a net emissions 

increase of a pollutant greater than the significance level defined in Rule 100-General Provisions And Definitions 

of these rules; A change that is a minor NSR modification subject to Rule 241 of these rules, except for a minor 

modification subject to Rule 241, Section 310 of these rules.

d. A change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change results:

(1) From removing equipment that results in a permanent decrease in actual emissions, if the source keeps onsite records of the change in a log that satisfies Section 500 of this rule and if the requirements that are 

relaxed are present in the permit solely for the equipment that was removed; or

(2) From a change in an applicable requirement.
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e. A change that will cause the source to violate an existing applicable requirement, including the conditions 

establishing an emissions cap;

f. A change that will require any of the following:

(1) A case-by-case determination of an emission limitation or other standard;

(2) A source-specific determination of ambient impacts or a visibility or increment analysis; or

(3) A case-by-case determination of a monitoring, recordkeeping, and reporting requirement.

g. A change that requires the source to obtain a Title V permit under Rule 210-Title V Permit Provisions of these 

rules.

406 PERMIT REVISIONS PROCEDURES:

406.1 The Source’s Responsibility For A Notification Of A Permit Revision: A source shall submit to the Control Officer a notification of a Non-Title V permit revision, in a form and manner as prescribed by the Control Officer, with the 

appropriate fee as required by Rule 280-Fees of these rules. In a notification of a Non-Title V permit revision, a source 

must supply information that is related to the proposed change. If the source’s proposed Non-Title V permit revision 

will revise its Non-Title V permit from a Non-Title V permit to a Title V permit, then the source must submit a Title V 

permit application in accordance with Rule 210-Title V Permit Provisions of these rules. The Control Officer shall 

issue the entire Title V permit, and not just the portion of the Non-Title V permit being revised, in accordance with 

Title V permit content and issuance requirements, including requirements for public, affected state, and EPA review 

contained in Rule 210-Title V Permit Provisions of these rules.

406.2 The Control Officer’s Responsibility for Action on a Notification of a Permit Revision:

a. Administrative Permit Revision: The Control Officer shall take final action within 60 days of receipt of a 

notification of an administrative permit revision.

b. Minor Permit Revision: The Control Officer shall do one or more of the following within 60 days of receipt of a 

notification of a minor permit revision:

(1) Issue the minor permit revision as proposed;

(2) Deny the minor permit revision application; or

(3) Determine that the minor permit revision does not meet the minor permit revision criteria and should be 

reviewed under the non-minor permit revision procedures.

c. Non-Minor Permit Revision: The Control Officer shall take final action on the majority of the notifications of 

non-minor permit revisions within 90 days of receipt. In no case shall the final action take longer than nine 

months.

406.3 The Source’s Ability to Make Changes Requested in a Notification of a Permit Revision:

a. Administrative Permit Revision Or Minor Permit Revision: 

(1) A source may implement the changes addressed in the administrative permit revision application or in a 

minor permit revision application after it files the application, unless the revision triggers minor New Source 

Review (NSR) under Rule 241 of these rules.

(2) A source shall still comply with any Federal laws, Arizona laws, or these rules, and a source shall comply 

with the “new” permit conditions that the source proposes in its notification of a minor permit revision. The 

Control Officer may enforce the existing permit conditions if the Control Officer determines that the source 

is not complying with the “new” permit conditions.

b. Non-Minor Permit Revision: A source may implement the changes addressed in the notification for a nonminor permit revision upon the Control Officer’s revising the permit.

407 PUBLIC PARTICIPATION:

407.1 The Control Officer shall provide public notice and an opportunity for public comment before taking any of the 

following actions:

a. Issuing, denying, or renewing a permit to a Non-Title V source listed in Rule 280-Fees, Section 403.1-Table A 

Sources of these rules with emissions of a regulated air pollutant that exceeds the public notice threshold as 
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defined in Rule 100 of these rules; 

b. Issuing or denying a non-minor permit revision to a Non-Title V source listed in Rule 280-Fees, Section 403.1-

Table A Sources of these rules with emissions of a regulated air pollutant that exceeds the public notice threshold 

as defined in Rule 100 of these rules;

c. Revoking and reissuing or reopening a permit to a Non-Title V source listed in Rule 280-Fees, Section 403.1-

Table A Sources, Section 403.2-Table B, and Section 403.3-Table C Sources of these rules with emissions of a 

regulated air pollutant that exceeds the public notice threshold as defined in Rule 100 of these rules; or

d. Issuing a conditional permit under Rule 120-Conditional Orders of these rules to a Non-Title V source listed in 

Rule 280-Fees, Section 403.1-Table A Sources, Section 403.2-Table B Sources, and Section 403.3-Table C 

Sources of these rules with emissions of a regulated air pollutant that exceeds the public notice threshold as 

defined in Rule 100 of these rules.

407.2 For sources listed in Rule 280-Fees, Section 403.1-Table A Sources, Section 403.2-Table B Sources, and Section 

403.3-Table C Sources of these rules, the The Control Officer shall publish, once each week, a list of all permit 

applications received. The list will be available to the public at the Department’s main office and on the Internet. The 

list shall include the following information:

a. Name and address of the affected facility(ies).

b. The activity(ies) involved in each permit action.

c. A statement that any person may submit written comments on a proposed permit action no later than the deadline 

for submitting such comments.

d. The deadline for submitting written comments.

e. Name, address, and phone number of a person from the Department from whom additional information may be 

obtained.

f. The location where copies of the permit or permit revision application, the proposed permit, and all other 

materials available to the Control Officer that are relevant to the permit decision may be reviewed and the times 

during which such materials will be available for public inspection.

g. A statement if the permit or permit revision would result in the generation of emission reduction credits under 

A.A.C. R18-2-1204-Title 18, Chapter 2, Article 12 or the utilization of emission reduction credits under A.A.C. 

R18-2-1206 Title 18, Chapter 2, Article 12.

h. The Control Officer’s preliminary determination whether the application for a permit or permit revision should be 

approved or disapproved.

407.3 For sources listed in Rule 280-Fees, Section 403.1-Table A Sources, Section 403.2-Table B Sources, and Section 

403.3-Table C Sources of these rules, the The Control Officer shall publish in a newspaper or post on the department’s 

website, once each month, a list of all permits issued.

407.4 Public Hearing: The Control Officer shall hold a public hearing to receive comments on petitions for conditional 

orders, which would vary from requirements of the applicable implementation plan. For all other actions involving a 

proposed permit, the Control Officer shall hold a public hearing only upon written request. If a public hearing is 

requested, the Control Officer shall schedule the public hearing and publish a notice once each week for two 

consecutive weeks in two newspapers of general circulation in the county where the source is or will be located and by 

other means if necessary to assure adequate notice to the affected public. The Control Officer shall give notice of any 

public hearing at least 30 days in advance of the public hearing.

407.5 At the time the Control Officer publishes the first notice under Section 407.1 of this rule, the applicant shall post a 

notice containing the information required in Section 407.2 of this rule at the site where the source is or may be 

located. Consistent with Federal, State, and local law, the posting shall be prominently placed at a location under the 

applicant’s legal control, adjacent to the nearest public roadway, and visible to the public using the public roadway. If 

a public hearing is to be held, the applicant shall place an additional posting providing notice of the public hearing. 

Any posting shall be maintained until the public comment period is closed.

407.6 The Control Officer shall provide at least 30 days from the date of its first notice for public comment. The Control 

Officer shall keep a record of the commenters and the issues raised during the public participation process and shall 

prepare written responses to all comments received. At the time a final decision is made, the record and copies of the 
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1390 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

Control Officer’s responses shall be made available to the applicant and to all commenters.

408 AMENDMENTS TO A PERMIT: The Control Officer may amend any Non-Title V permit annually without following Rule 

200-Permit Requirements, Section 402-Permit Reopenings; Revocation And Reissuance; Termination of these rules in order to 

incorporate changes reflected in logs or notices filed under Section 404 of this rule. The amendment shall be effective to the 

anniversary date of the permit. The Control Officer shall make available to the public for any source:

408.1 A complete record of logs and notices sent to the Control Officer under Section 404 of this rule; and

408.2 Any amendments or revisions to the source's permit.

SECTION 500 - MONITORING AND RECORDS

501 LOG RETENTION REQUIREMENT: If a source makes a change that requires logging, then the source shall keep such log 

for five years from the date the source creates such log.

502 LOG FORMAT SPECIFICATIONS: If a source makes a change that requires logging, then the source shall perform such 

logging in indelible ink in a bound log book with sequentially numbered pages, or in any other form, including electronic format, 

if approved by the Control Officer. Each log entry shall include at least the following information:

502.1A description of the change including:

a. A description of any process change.

b. A description of any equipment change, including both old and new equipment descriptions, model numbers, and 

serial numbers, or any other unique equipment number.

c. A description of any process material change.

502.2 The date and time that the change occurred.

502.3 The provision of Section 404.2 of this rule that authorizes the change to be made with logging.

502.4 The date the log entry was made and the first and last name of the person making the log entry.

503 LOG FILING: A copy of all logs required under Section 404.2 of this rule shall be filed with the Control Officer within 30 days 

after each anniversary of the permit issue date. If no changes were made at the source requiring logging, a statement to that 

effect shall be filed instead.

REGULATION II - PERMITS AND FEES

RULE 230

GENERAL PERMITS

INDEX

SECTION 100 – GENERAL

101PURPOSE

102APPLICABILITY

SECTION 200 – DEFINITIONS

201SIMILAR IN NATURE

SECTION 300 – STANDARDS

301RULES APPLICABLE TO A GENERAL PERMIT

302GENERAL PERMIT DEVELOPMENT

303APPLICATION FOR COVERAGE UNDER GENERAL PERMIT

304PUBLIC NOTICE
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305SOURCES FOR WHICH A GENERAL PERMIT MAY NOT BE ISSUED

306GENERAL PERMIT RENEWAL

307RELATIONSHIP TO INDIVIDUAL PERMITS

308 GENERAL PERMIT VARIANCE FOR ANY NON-FEDERALLY ENFORCEABLE REQUIREMENT OF A 

PERMIT

309GENERAL PERMIT SHIELD

310GENERAL PERMIT APPEALS

311REVOCATIONS OF AUTHORITY TO OPERATE

312CHANGES TO FACILITIES GRANTED COVERAGE UNDER GENERAL PERMIT

SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)

Adopted 11/15/93

Revised 02/15/95

Revised 06/06/07

Adopted 11/15/1993; Revised 02/15/1995; Revised 06/06/2007; Revised xx/xx/xxxx

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION II PERMITS AND FEES

RULE 230

GENERAL PERMITS

SECTION 100 GENERAL

101 PURPOSE: To allow for the issuance of general permits for a facility class that contains a large number of sources that are similar in 

nature, have substantially similar emissions, and would be subject to the same or substantially similar requirements governing 

operations, emissions, monitoring, reporting, or recordkeeping.

102 APPLICABILITY: A general permit shall not be issued for affected sources except as provided in regulations promulgated by the 

Administrator under Title IV of the Act.

SECTION 200 DEFINITIONS: See Rule 100-General Provisions And Definitions of these rules for definitions of terms that are used but 

not specifically defined in this rule. For the purpose of this rule, the following definition shall apply: For the purpose of this rule, the 

following definition shall apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of these rules. In the 

event of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this rule take precedence.

201 SIMILAR IN NATURE - Refers to facility size, processes and operating conditions.

SECTION 300 STANDARDS

301 RULES APPLICABLE TO A GENERAL PERMIT: Unless otherwise stated, the provisions of Rule 200-Permit Requirements, 

Rule 210-Title V Permit Provisions, Rule 220-Non-Title V Permit Provisions, Rule 241-Minor New Source Review (NSR), Rule 

245-Continuous Source Emission Monitoring, Rule 270-Performance Tests, and Rule 400-Procedure Before The Hearing Board 

shall apply to general permits.
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302 GENERAL PERMIT DEVELOPMENT:

302.1 The Control Officer may issue a general permit on his own initiative or in response to a petition. At the time the Control 

Officer issues a general permit, the Control Officer may also establish a specific application with filing instructions for 

sources in the category covered by the general permit.

302.2 Any person may submit a petition to the Director or to the Control Officer requesting the issuance of a general permit for a 

defined class of facilities. The petition shall propose a particular class of facilities, shall list the approximate number of 

facilities in the proposed class along with their size, processes and operating conditions, and shall demonstrate how the 

class meets the criteria for a general permit as specified in Sections 100 and 301 through 303 of this rule and in A.R.S. § 

49-426(H). The Control Officer shall provide a written response to the petition within 120 days of receipt.

302.3 A general permit shall be issued or denied for classes of facilities using the same engineering technical review process that 

applies to permits for individual sources and following the public notice requirements of Section 304 of this rule.

302.4 A general permit shall include all of the following:

a. General permits issued for Title V major sources shall contain all elements in Rule 210-Title V Permit Provisions, 

Section 302.1-Permit Contents of these rules except Sections 302.1(b)(2) and 302.1(f).

b. General permits issued for Non-Title V sources shall contain all elements in Rule 220-Non-Title V Permit Provisions, 

Section 302-Permit Contents of these rules.

b. c.The process for individual sources to apply for coverage under the general permit.

302.5 A source applying for authority to operate under a general permit shall not propose nor accept pursuant to Rule 220-NonTitle V Permit Provisions of these rules emissions limitations, controls, or other requirements that are not included in the 

general permit.

302.6 General permits developed by the Control Officer shall require both of the following of sources that are covered under 

the general permit:

a. Installation and operation of reasonably available control technology (RACT) as determined by Rule 241, Section 302 of these rules.

c. Compliance with Sections 111 or 112 of the Act as applicable.

303 APPLICATION FOR COVERAGE UNDER GENERAL PERMIT:

303.1 Once the Control Officer has issued a general permit, any source which is a member of the class of facilities covered by the 

general permit may apply to the Control Officer for authority to operate under the general permit. Applicants shall 

complete the specific application form, or if none has been adopted, the standard application form. The specific application 

form shall, at a minimum, require the applicant to submit the following information:

a. Information identifying and describing the source, its processes, and operating conditions in sufficient detail to allow 

the Control Officer to determine qualification for and to assure compliance with the general permit.

b. A For general permits issued for Title V major sources, compliance plan that meets the requirements of Rule 210-

Title V Permit Provisions, Section 305-Compliance Plan; Certification of these rules.

c. For general permits issued for Non-Title V sources, compliance plan that meets the requirements of Rule 220-NonTitle V Permit Provisions, Section 303-Compliance Plans of these rules.

303.2 For sources required to obtain a permit under Title V of the Act, the Control Officer shall provide the Administrator with a 

permit application summary form and any relevant portion of the permit application and compliance plan. To the extent 

possible, this information shall be provided in computer readable format compatible with the Administrator's national 

database management system.

303.3 The Control Officer shall act on the application for coverage under the a general permit as expeditiously as possible, but a 

final decision shall be reached within 180 days. The source may operate under the terms of its application the applicable 

general permit during that time. If the application for coverage is denied, the Control Officer shall notify the source that it 

shall apply for an individual permit within 180 days of receipt of notice. The Control Officer may defer acting on an application under this rule, if the Control Officer has provided notice of intent to renew or not to renew the permit.

303.4 The Control Officer shall make available to the public a monthly summary of all applications received under this rule.
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304 PUBLIC NOTICE:

304.1 The Control Officer shall provide public notice for any proposed general permit, for any revision of an existing general 

permit, and for renewal of an existing general permit.

304.2 The Control Officer shall publish notice of the proposed general permit once each week for two consecutive weeks in a 

newspaper of general circulation within Maricopa County. The notice shall describe the following:

a. The proposed general permit.

b. The category of sources that would be affected.

c. The air contaminants which the Control Officer expects to be emitted by a typical facility in the class and by class as 

a whole.

d. The Control Officer's proposed actions and effective date for the actions.

e. Locations where documents relevant to the proposed general permit will be available during normal business hours.

f. The name, address, and telephone number of a person within the Department who may be contacted for further 

information.

g. The address where any person may submit comments and/or request a public hearing and the date and time by which 

comments or public hearing request are required to be received.

h. The process by which sources may obtain authorization to operate under the general permit.

304.3 For general permits under which operation may be authorized in lieu of individual source permits issued under Rule 210-

Title V Permit Provisions of these rules, the Control Officer shall give notice of the proposed general permit to each 

affected state at the same time that the proposed general permit goes out for public notice. The Control Officer shall 

provide the proposed final permit to the Administrator after public and affected state review. No Title V permit shall be 

issued if the Administrator properly objects to its issuance in writing within 45 days from receipt of the proposed final 

permit and any necessary supporting information from the Control Officer.

304.4 The Control Officer shall provide at least 30 days from the date of the first notice described in Section 304.3 of this rule for 

public comment.

304.5 Written comments to the Control Officer shall include the name of the person and the person's agent or attorney and shall 

clearly set forth reasons why the general permit should or should not be issued.

304.6 At the time a general permit is issued, the Control Officer shall make available a response to all relevant comments on the 

proposed permit raised during the public comment period and during any requested public hearing. The response shall 

specify which provisions, if any, of the proposed permit have been changed and the reason for the changes. The Control 

Officer shall also notify in writing any petitioner and each person who has submitted written comments on the proposed 

permit or requested notice of the final permit decision.

305 SOURCES FOR WHICH A GENERAL PERMIT MAY NOT BE ISSUED: A general permit shall not be issued to sources that 

are subject to case-by-case standards or requirements.

306 GENERAL PERMIT RENEWAL: The Control Officer shall review and may renew general permits every five years. A source's 

authorization to operate under a general permit shall expire when the general permit expires regardless of when the authorization 

began during the five year period, except as provided in Section 311.3 of this rule. In addition to the public notice required to issue a 

proposed general permit under Section 304 of this rule, the Control Officer shall notify in writing all sources who have been granted 

or who have applications pending for authorization to operate under the general permit. The written notice shall describe the source's 

duty to reapply and may include requests for information required under the proposed general permit.

306.1 The Control Officer shall review and may renew general permits every five years.

306.2 A source's authorization to operate under a general permit shall expire when the general permit expires regardless of when 

the authorization began during the five year period, except as provided in Section 311.3 of this rule.

306.3 At the time a general permit is renewed, the Control Officer shall notify in writing all sources that were granted 

coverage under the previous permit and shall require them to submit a timely renewal application. For purposes of 

general permits, a timely application is one that is submitted within the time-frame specified by the Control Officer in 

the written notification. Until such time that a timely application is submitted, the source shall continue to comply with 

the previously issued general permit coverage. Upon submittal of a timely application, the source shall comply with 
County Notices According to A.R.S. § 49-112

1394 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

the renewed permit. Failure to submit a timely application terminates the source’s right to operate.

307 RELATIONSHIP TO INDIVIDUAL PERMITS: Any source covered under a general permit may request to be excluded from 

coverage by applying for an individual source permit. Coverage under the general permit shall terminate on the date the individual 

permit is issued.

308 GENERAL PERMIT VARIANCE FOR ANY NON-FEDERALLY ENFORCEABLE REQUIREMENT OF A 

PERMIT:

308.1 Where, maximum achievable control technology (MACT), as defined in Rule 370-Federal Hazardous Air Pollutant 

Program of these rules, or hazardous air pollutant reasonably available control technology (HAPRACT) has been 

established in a general permit for a source category designated pursuant to Rule 372-Maricopa County Hazardous Air 

Pollutants (HAPs) Program of these rules, the owner and/or operator of a source within that source category may apply for 

a variance from the standard by demonstrating compliance with Rule 372-Maricopa County Hazardous Air Pollutants 

(HAPs) Program, Section 306-Risk Management Analysis of these rules at the time the source applies for coverage under 

the general permit.

308.2 If the owner and/or operator makes the showing required by Rule 372-Maricopa County Hazardous Air Pollutants 

(HAPs) Program, Section 306-Risk Management Analysis of these rules and otherwise qualifies for the general permit, 

the Control Officer shall, in accordance with the procedures established pursuant to this rule, approve the application and 

authorize operation under a variance from the standard of the general permit.

308.3 Except as modified by the variance, the source shall comply with all conditions of the general permit.

308.4 Applications and approvals of general permit variances shall be subject to the public notice requirements of Rule 210-Title 

V Permit Provisions of these rules.

309 GENERAL PERMIT SHIELD: Each general permit issued under this rule shall specifically identify all federal, state, and local air 

pollution control requirements applicable to the source at the time the general permit is issued. The general permit shall state that 

compliance with the conditions of the general permit shall be deemed in compliance with any applicable requirement as of the date of 

general permit issuance. Any permit under this rule that does not expressly state that a permit shield exists shall be presumed not to 

provide such a shield. Notwithstanding the above provisions, the source shall be subject to enforcement action for operation without 

a permit if the source is later determined not to qualify for the conditions and terms of the general permit. A permit shield provided 

for a general permit shall meet all the requirements of Rule 210-Title V Permit Provisions of these rules.

310 GENERAL PERMIT APPEALS: Any person who filed a comment on a proposed general permit as provided in Section 304 of 

this rule may appeal the terms and conditions of a general permit, as they apply to the facility class covered under a general permit, by 

filing an appeal with the hearing board within ten days of issuance of the general permit.

311 REVOCATIONS OF AUTHORITY TO OPERATE:

311.1 The Control Officer may require a source authorized to operate under a general permit to apply for and to obtain an 

individual source permit at any time if:

a. The Control Officer has determined that the source is not in compliance with the terms and conditions of the general 

permit; or

b. The Control Officer has determined that the emissions from the source or facility class are significant contributors to 

ambient air quality standard violations which are not adequately addressed by the requirements in the general permit; 

or

c. The Control Officer has information which indicates that the effects on human health and the environment from the 

sources covered under the general permit are unacceptable.

311.2 The Control Officer shall provide written notice to all sources operating under a general permit prior to cancellation of a 

general permit. Such notice shall include an explanation of the basis for the proposed action. Within six months of receipt 

of the notice of the expiration, termination or cancellation of any general permit, sources notified shall submit an 

application to the Control Officer for an individual permit.

311.3 A source previously authorized to operate under a general permit may operate under the terms of the general permit until 

the earlier of the date it submits a complete application for an individual permit, or 180 days after receipt of the notice of 

expiration, termination or cancellation of any general permit.
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County Notices According to A.R.S. § 49-112

312 CHANGES TO FACILITIES GRANTED COVERAGE UNDER GENERAL PERMIT:

312.1 An owner and/or operator of a source that has been granted coverage under a general permit may make the 

following changes at the source only after the owner and/or operator provides written notification to the 

Control Officer and only if such changes do not require the owner and/or operator to obtain a Title V or a 

Non-Title V permit:

a. Adding new emissions units.

b. Installing a replacement emissions unit.

c. Adding or replacing air pollution control equipment.

312.2 Notification Required: The written notification required by Section 312.1 of this rule shall include:

a. When the proposed change will occur;

b. A description of the change; and

c. Any change in emissions of regulated air pollutants.

312.3 An owner and/or operator of a source that has been granted coverage under a general permit shall keep a 

record of any physical change or change in the method of operation that could affect emissions. The record 

shall include a description of the change and the date the change occurred.

SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)

REGULATION II PERMITS AND FEES

RULE 240

PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND

MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES

INDEX

SECTION 100 GENERAL

101 PURPOSE

102 APPLICABILITY

SECTION 200 DEFINITIONS

201 ADVERSE IMPACT ON VISIBILITY

202 CATEGORICAL SOURCES

203 CONVENTIONAL AIR POLLUTANT

204 DISPERSION TECHNIQUE

205 GOOD ENGINEERING PRACTICE (GEP) STACK HEIGHT

206 HIGH TERRAIN

207 INNOVATIVE CONTROL TECHNOLOGY

208 LOW TERRAIN

209 LOWEST ACHIEVABLE EMISSION RATE (LAER)
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1396 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

210 MAJOR SOURCE

211 RECONSTRUCTION

212 RESOURCE RECOVERY PROJECT

213 SECONDARY EMISSIONS

214 SIGNIFICANCE LEVELS

SECTION 300 - STANDARDS

301 PERMIT OR PERMIT REVISION REQUIRED

302 APPLICATION COMPLETENESS

303 AIR IMPACT ANALYSIS FOR ANY GEOGRAPHICAL AREA

304 ACTION ON APPLICATION AND NOTIFICATION REQUIREMENTS

305 PERMIT REQUIREMENTS FOR SOURCES LOCATED IN NONATTAINMENT AREAS

306 OFFSET AND NET AIR QUALITY BENEFIT STANDARDS

307 SPECIAL REQUIREMENTS FOR MAJOR SOURCES OF VOC OR OXIDES OF NITROGEN IN OZONE NONATTAINMENT AREAS CLASSIFIED AS SERIOUS OR SEVERE

308 PERMIT REQUIREMENTS FOR SOURCES LOCATED IN ATTAINMENT AND UNCLASSIFIABLE AREAS

309 STACK HEIGHT LIMITATION

SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 - MONITORING AND RECORDS

501 POLLUTANTS TO BE INCLUDED IN ANALYSIS OF AMBIENT AIR QUALITY

502 PRECONSTRUCTION AIR QUALITY MONITORING DATA

503 COMPLETE APPLICATION AIR QUALITY MONITORING DATA

504 POST-APPROVAL AIR QUALITY MONITORING DATA FOR OZONE

505 POST-CONSTRUCTION AIR QUALITY MONITORING DATA

506 OPERATIONS OF MONITORING STATIONS

507 EXCEPTIONS TO MONITORING FOR A PARTICULAR POLLUTANT

508 VISIBILITY AND AIR QUALITY IMPACT ANALYSIS

509 INNOVATIVE CONTROL TECHNOLOGY

510 AIR QUALITY MODELS

511 VISIBILITY PROTECTION

Adopted 11/15/93

Revised 02/15/95
July 31, 2015 | Published by the Arizona Secretary of State | Vol. 21, Issue 31 1397

County Notices According to A.R.S. § 49-112

Revised 02/07/01

Revised 05/07/03

Revised 06/06/07

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION II PERMITS AND FEES

RULE 240

PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND

MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES

SECTION 100 GENERAL

101 PURPOSE: To provide an orderly procedure for the review of new major sources of conventional air pollutants and of major

modifications to existing major sources of conventional air pollutants requiring permits or permit revisions.

102 APPLICABILITY: The provisions of this rule apply to new major sources of conventional air pollutants and major modifications to

existing major sources of conventional air pollutants. The provisions of this rule do not apply to new sources and modifications to

existing sources subject to the requirements of Rule 241-Permits For New Sources And Modifications To Existing Sources of these

rules.

SECTION 200 DEFINITIONS: See Rule 100-General Provisions And Definitions of these rules for definitions of terms that are used but

not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply:

201 ADVERSE IMPACT ON VISIBILITY - Visibility impairment that interferes with the management, protection, preservation, or

enjoyment of visual experience of a Class I area, as determined by Rule 500-Air Quality Standards of these rules.

202 CATEGORICAL SOURCES - The following classes of sources:

Coal cleaning plants with thermal dryers;

Kraft pulp mills;

Portland cement plants;

Primary zinc smelters;

Iron and steel mills;

Primary aluminum ore reduction plants;

Primary copper smelters;

Municipal incinerators capable of charging more than 50 tons of refuse per day;

Hydrofluoric, sulfuric, or nitric acid plants;

Petroleum refineries;

Lime plants;

Phosphate rock processing plants;

Coke oven batteries;
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1398 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

Sulfur recovery plants;

Carbon black plants using the furnace process;

Primary lead smelters;

Fuel conversion plants;

Sintering plants;

Secondary metal production plants;

Chemical process plants;

Fossil-fuel boilers, or combinations thereof, totaling more than 250 million British thermal units (BTU) per hour heat input;

Petroleum storage and transfer units with a total storage capacity more than 300,000 barrels;

Taconite preprocessing plants;

Glass fiber processing plants;

Charcoal production plants;

Fossil fuel-fired steam electric plants and combined cycle gas turbines of more than 250 million BTU per hour rated heat input.

203 CONVENTIONAL AIR POLLUTANT - Any pollutant for which the Administrator has promulgated a primary or secondary

national ambient air quality standard.

204 DISPERSION TECHNIQUE - Any technique that attempts to affect the concentration of a pollutant in the ambient air by any of

the following:

204.1 Using that portion of a stack that exceeds good engineering practice stack height;

204.2 Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant;

or

204.3 Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack

parameters, or combining exhaust gases from several existing stacks into 1 stack; or other selective handling of exhaust gas

streams so as to increase the exhaust gas plume rise. This shall not include any of the following:

a. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to

the temperature at which it was originally discharged from the source generating the gas stream.

b. The merging of exhaust gas streams under any of the following conditions:

(1) The source owner or operator demonstrates that the source was originally designed and constructed

with the merged gas streams;

(2) After July 8, 1995, such merging is part of a change in operation at the source that includes the

installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a

pollutant, applying only to the emission limitation for that pollutant; or

(3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the

installation of emissions control equipment or was carried out for sound economic or engineering

reasons. Where there was an increase in the emission limitation or, in the event that no emission

limitation was in existence prior to the merging, an increase in the quantity of pollutants actually

emitted prior to the merging, the Control Officer shall presume that merging was significantly

motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the

source, owner or operator, that merging was not significantly motivated by such intent, the Control

Officer shall deny credit for the effects of such merging in calculating the allowable emissions for the
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County Notices According to A.R.S. § 49-112

source.

c. Smoke management in agricultural or silvicultural prescribed burning programs.

d. Episodic restrictions on residential woodburning and open burning.

e. Techniques that increase final exhaust gas plume rise if the resulting allowable emissions of sulfur dioxide from

the source do not exceed 5,000 tons per year.

205 GOOD

ENGINEERING PRACTICE (GEP) STACK HEIGHT- A stack height meeting the requirements described in Section 309 of

this rule.

206 HIGH TERRAIN - Any area having an elevation of 900 feet or more above the base of the stack of a source.

207 INNOVATIVE CONTROL TECHNOLOGY - Any system of air pollution control that has not been adequately demonstrated in

practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in

current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality

environmental impacts.

208 LOW TERRAIN - Any area other than high terrain.

209 LOWEST ACHIEVABLE EMISSION RATE (LAER) - For any source, the more stringent rate of emissions based on 1 of the

following:

209.1 The most stringent emissions limitation that is contained in the State Implementation Plan (SIP), as defined in Rule 100-

General Provisions And Definitions of these rules, for the class or category of stationary source, unless the owner or

operator of the proposed stationary source demonstrates that the limitations are not achievable; or

209.2 The most stringent emissions limitation that is achieved in practice by the class or category of stationary source. This

limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions

units within the stationary source. In no event shall the application of this term permit a proposed new or modified

stationary source to emit any pollutant in excess of the amount allowable under the applicable standards of performance in

Rule 360-New Source Performance Standards of these rules and in 40 C.F.R. 60 and 40 C.F.R. 61.

210 MAJOR SOURCE -

210.1 Any stationary source located in a nonattainment area that emits, or has the potential to emit, 100 tons per year or more of

any conventional air pollutant, except as follows:

or

Pollutant Emitted

Nonattainment Pollutant And 

Classification

Quantity Threshold

Tons/Year Or More

Carbon Monoxide (CO)

CO, Serious, with

stationary sources

as more than 25% of

source inventory

50

Volatile Organic

Compounds (VOC)

Ozone, Serious 50

VOC Ozone, Severe 25

PM10 PM10, Serious 70

NOx Ozone, Serious 50

NOx Ozone, Severe 25
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1400 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

210.2 Any stationary source located in an attainment or unclassifiable area that emits, or has the potential to emit, 100 tons per

year or more of any conventional air pollutant if the source is classified as a Categorical Source, or 250 tons per year or

more of any pollutant subject to regulation under the Act if the source is not classified as a Categorical Source; or

210.3 Any change to a minor source, except for VOC or NOx emission increases at minor sources in serious or severe ozone

nonattainment areas, that would increase its emissions to the qualifying levels in Section 210.1 or Section 210.2 of this

rule;

210.4 Any change in VOC or NOx at a minor source in serious or severe ozone nonattainment areas that would be significant as

described in Section 307.2 of this rule and that would increase its emissions to the qualifying levels in Section 210.1 of this

rule;

210.5 Any stationary source that emits, or has the potential to emit, five or more tons of lead per year; 

210.6 Any source classified as major undergoing modification that meets the definition of reconstruction;

210.7 A major source that is major for VOCs shall be considered major for ozone; or

210.8 A major source that is major for oxides of nitrogen shall be considered major for ozone in nonattainment areas classified as

marginal, moderate, serious or severe.

211 RECONSTRUCTION - Of sources located in nonattainment areas, reconstruction shall be presumed to have taken place if the fixed

capital cost of the new components exceeds 50% of the fixed capital cost of a comparable entirely new stationary source, as

determined in accordance with the provisions of 40 C.F.R. 60.15(f)(1) through (3).

212 RESOURCE RECOVERY PROJECT - Any facility at which solid waste is processed for the purpose of extracting, converting to

energy, or otherwise separating and preparing solid waste for reuse. For the purpose of this rule, only energy conversion facilities that

utilize solid waste that provides more than 50% of the heat input shall be considered a resource recovery project.

213 SECONDARY EMISSIONS - Emissions which are specific, well defined, quantifiable, occur as a result of the construction or

operation of a major source or major modification, but do not come from the major source or major modification itself, and impact

the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include

emissions from any offsite support source which would not otherwise be constructed or increase its emissions as a result of the

construction or operation of the major source or major modification. Secondary emissions do not include any emissions which come

directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

214 SIGNIFICANCE LEVELS - The following ambient concentrations for the enumerated pollutants:

Except for the annual pollutant concentrations, exceedance of significance levels shall be deemed to occur 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 the Arizona ambient air quality standards for the pollutant are not violated, the significance level does not

apply.

SECTION 300 - STANDARDS

301 PERMIT OR PERMIT REVISION REQUIRED: No person shall commence construction of a new major source nor commence

major modification of a major source without first obtaining a permit or a permit revision from the Control Officer.

302 APPLICATION COMPLETENESS: An application for a permit or a permit revision under this rule shall not be considered

Averaging Time

Pollutant Annual 24-Hour 8-Hour 3-Hour 1-Hour

SO2 1 mg/m3 5 mg/m3 25 mg/m3

NO2 1 mg/m3

CO 0.5 mg/m3 2 mg/m3

PM10 1 mg/m3 5 mg/m3
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complete unless the application demonstrates that:

302.1 The requirements in Section 303 of this rule are met;

302.2 The more stringent of the applicable new source performance standards (NSPS) in Rule 360-New Source Performance

Standards of these rules or the existing source performance standards in Regulation III-Control Of Air Contaminants of

these rules are applied to the proposed new major source or major modification of a major source;

302.3 The new major source or major modification will not have an adverse impact on visibility as determined by Section 511 of

this rule and will satisfy all the visibility requirements contained in Section 511 of this rule. A demonstration of the impact

on visibility shall be made according to Section 508 of this rule and shall be included with the application;

302.4 All applicable provisions of Rule 200-Permit Requirements, Rule 210-Title V Permit Provisions, Rule 240-Permits For

New Major Sources And Major Modifications To Existing Major Sources, Rule 245-Continuous Source Emission

Monitoring, and Rule 270-Performance Tests of these rules are met;

302.5 The new major source or major modification will be in compliance with whatever emission limitation, design, equipment,

work practice or operational standard, or combination thereof is applicable to the source or modification. The degree of

emission limitation required for control of any pollutant under this rule shall not be affected in any manner by:

a. Stack height in excess of GEP stack height except as provided in Section 309 of this rule; or

b. Any other dispersion technique, unless implemented prior to December 31, 1970.

302.6 The new major source or major modification will not exceed the applicable standards for hazardous air pollutants

contained in Rule 370-Federal Hazardous Air Pollutant Program of these rules and/or Rule 372-Maricopa County

Hazardous Air Pollutants (HAPS) Program of these rules.

302.7 The new major source or major modification will not exceed the limitations, if applicable, on emission from fugitive

sources contained in Rule 310-Fugitive Dust, Rule 311-Particulate Matter From Process Industries, and Rule 316-

Nonmetallic Mineral Processing of these rules.

302.8 A stationary source that will emit 5 or more tons of lead per year will not violate the ambient air quality standards for lead

contained in Rule 510-Air Quality Standards of these rules.

303 AIR IMPACT ANALYSIS FOR ANY GEOGRAPHICAL AREA: Except for assessing air quality impacts within Class I areas,

the air impact analysis required to be conducted as part of a permit application shall initially consider only the geographical area

located within a 50 kilometer (31 mile) radius from the point of greatest emissions for the new major source or major modification.

The Control Officer, on his own initiative or upon receipt of written notice from any person, shall have the right at any time to request

an enlargement of the geographical area for which an air quality impact analysis is to be performed by giving the person applying for

the permit or permit revision written notice thereof, specifying the enlarged radius to be so considered. In performing an air impact

analysis for any geographical area with a radius of more than 50 kilometers (31 miles), the person applying for the permit or permit

revision may use monitoring or modeling data obtained from major sources having comparable emissions or having emissions which

are capable of being accurately used in such demonstration and which are subjected to terrain and atmospheric stability conditions

which are comparable or which may be extrapolated with reasonable accuracy for use in such demonstration.

304 ACTION ON APPLICATION AND NOTIFICATION REQUIREMENTS: Unless the requirement has been satisfied under

these rules, the Control Officer shall comply with the following requirements:

304.1 Within 60 days after receipt of an application for a permit, of a permit revision subject to this rule, or of any addition to

such application, the Control Officer shall advise the applicant of any deficiency in the application. The date of receipt of

the application shall be, for the purpose of this rule, the date on which the Control Officer received all required information.

The permit application shall not be deemed complete solely because the Control Officer failed to meet the requirements of

this section.

304.2 In addition to Section 511 of this rule, a copy of any notice required by Section 511 of this rule shall be sent to the permit

applicant, to the Administrator, and to the following officials and agencies having cognizance of the location where the

proposed major source or major modification would occur:
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1402 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

a. The Control Officer for the county wherein the proposed or existing source that is the subject of the permit or

permit revision application is located;

b. The Board Of Supervisors for the county wherein the proposed or existing source that is the subject of the permit

or permit revision application is located;

c. The city or town managers of the city or town which contains, and any city or town the boundaries of which are

within five miles of the location of the proposed or existing source that is the subject of the permit or permit

revision application;

d. Any regional land use planning agency with authority for land use planning in the area where the proposed or

existing source that is the subject of the permit or permit revision application is located; and

e. Any State, Federal Land Manager, or Indian governing body whose lands may be affected by emissions from the

proposed source or modification.

304.3 The Control Officer shall take final action on the application within one year of the proper filing of the complete

application. The Control Officer shall notify the applicant in writing of his approval or of his denial.

304.4 The Control Officer shall terminate a permit or permit revision issued under this rule if the proposed construction or major

modification is not begun within 18 months of issuance, or if during the construction or major modification, work is

suspended for more than 18 months.

304.5 Within 30 days of the issuance of any permit under this rule, the Control Officer shall submit control technology

information from the permit to the Administrator for the purposes listed in Section 173(d) of the Act.

305 PERMIT REQUIREMENTS FOR SOURCES LOCATED IN NONATTAINMENT AREAS:

305.1 Except as provided in Section 305.3 through Section 305.7 of this rule, no permit or permit revision shall be issued under

this rule to a person proposing to construct a new major source or proposing to make a major modification to a source

located in any nonattainment area for the pollutant(s) for which the source is classified as a major source or the

modification is classified as a major modification unless:

a. The person demonstrates that the new major source or the major modification will meet an emission limitation

which is the lowest achievable emission rate (LAER) for that source for that specific pollutant(s). In determining

LAER for a reconstructed stationary source, the provisions of 40 C.F.R. 60.15(f)(4) shall be taken into account

in assessing whether a new source performance standard is applicable to such stationary source.

b. The person demonstrates that all existing major sources owned or operated by that person (or any entity

controlling, controlled by, or under common control with that person) in the State are in compliance with, or are

on a schedule of compliance for, all conditions contained in permits of each of the sources and all other

applicable emission limitations and standards under the Act and in this rule.

c. The person demonstrates that emission reductions for the specific pollutant(s) from source(s) in existence in the

allowable offset area of the new major source or major modification (whether or not under the same ownership)

meet the offset and net air quality benefit requirements of Section 306 of this rule.

305.2 No permit or permit revision under this rule shall be issued to a person proposing to construct a new major source or

proposing to make a major modification to a major source located in a nonattainment area unless:

a. The person performs an analysis of alternative sites, sizes, production processes and environmental control

techniques for such new major source or major modification; and

b. The Control Officer determines that the analysis demonstrates that the benefits of the new major source or major

modification significantly outweigh the environmental and social costs imposed as a result of its location,

construction, or modification.

305.3 At such time that a particular source or modification becomes a major stationary source or major modification solely by

virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the
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source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of

this rule shall apply to the source or modification as though construction had not yet commenced on the source or

modification.

305.4 Secondary emissions shall not be considered in determining the potential to emit of a new source or modification and

therefore whether the new source or modification is major. However, if a new source or modification is subject to this rule

on the basis of its direct emissions, a permit or a permit revision, under this rule to construct the new source or

modification, shall be denied, unless the conditions specified in Section 305.1(a) and Section 305.1(b) of this rule are met,

for reasonably quantifiable secondary emissions caused by the new source or modification.

305.5 A permit to construct a new source or modification shall be denied, unless the conditions specified in Section 305.1(a),

Section 305.1(b), and Section 305.1(c) of this rule are met for fugitive emissions caused by the new source or modification.

However, these conditions shall not apply to a new major source or major modification that would be a major source or

major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential

emissions of the source or modification, and the source is neither a categorical source nor a source belonging to the

category of sources for which New Source Performance Standards (NSPS) under 40 C.F.R. Part 60 or National Emission

Standards For Hazardous Air Pollutants (NESHAPS) under 40 C.F.R. Part 61 promulgated by the Administrator prior to

August 7, 1980.

305.6 The requirements of Section 305.1(c) of this rule shall not apply to temporary emission sources, such as pilot plants and

portable sources, which are only temporarily located in the nonattainment area, are otherwise regulated by a permit, and are

in compliance with the conditions of that permit.

305.7 A decrease in actual emissions shall be considered in determining the potential of a new source or modification to emit

only to the extent that the Control Officer has not relied on it in issuing any permit or permit revision under these rules, or

the State has not relied on it in demonstrating attainment or reasonable further progress (RFP).

305.8 The issuance of a permit or permit revision under this rule shall not relieve the owner and/or operator of the responsibility

to comply fully with applicable provisions of the State Implementation Plan (SIP) and any other requirements pursuant to

local, State, or Federal law.

305.9 Within 30 days of the issuance of any permit under this section, the Control Officer shall submit control technology

information from the permit to the Administrator for the purposes listed in Section 173(d) of the Act.

306 OFFSET AND NET AIR QUALITY BENEFIT STANDARDS:

306.1 Increased emissions by a major source or major modification subject to this rule shall be offset by reductions in the

emissions of each pollutant for which the area has been designated as nonattainment and for which the source or

modification is classified as major. The offset may be obtained by reductions in emissions from the source or modification,

or from any other source within the allowable offset area. Credit for an emissions offset can be used only if it has not been

relied upon in demonstrating attainment or in demonstrating reasonable further progress (RFP), and if it has not been relied

upon previously in issuing a permit or permit revision under this rule, under Section 301 through Section 305 of this rule,

or not otherwise required under this rule or under any provision of the State Implementation Plan (SIP).

306.2 An offset shall not be sufficient unless reductions of total emissions for the particular pollutant for which the offset is

required will be:

a. Obtained from sources within the allowable offset area;

b. A surplus emission, which is an emission reduction not required by current regulations in the State

Implementation Plan (SIP); not already relied upon for SIP planning purposes; and not used by the source to

meet any other regulatory requirement, including, at the time emission reduction credits (ERCs) are used,

reasonably available control technology (RACT), reasonable further progress (RFP), or milestones thereof, or

demonstration of attainment;

c. Contemporaneous with the operation, the new major source, or major modification;

d. An emission enforceable by the Administrator;
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e. A quantifiable emission. Quantification may be based on emission factors, stack tests, monitored values,

operating rates and averaging times, process or production inputs, modeling or other reasonable measurement

practices. Quantification methods shall be credible, workable, and replicable. The method for calculating

emissions should be used to measure the emissions both before and after the changes in emission levels, both at

the generator and at the user of the emission reduction credits (ERCs); and

f. Sufficient to satisfy the Control Officer that emissions from the new major source or major modification,

together with the offset, will result in reasonable further progress (RFP) for that pollutant.

306.3 In ozone nonattainment areas classified as marginal, total emissions of VOC and oxides of nitrogen from other sources

shall offset those proposed or permitted from the major source or major modification by a ratio of at least 1.10:1. In ozone

nonattainment areas classified as moderate, total emissions of VOC and oxides of nitrogen from other sources shall offset

those proposed or permitted from the major source or major modification by a ratio of at least 1.15:1. New major sources

and major modifications in serious and severe ozone nonattainment areas shall comply with this section and with Section

307 of this rule.

306.4 Only intrapollutant emission offsets shall be allowed. Intrapollutant emission offsets for VOCs shall only include offset

reductions in emissions of VOCs. Intrapollutant emission offsets for oxides of nitrogen shall only include offset reductions

in emissions of oxides of nitrogen.

306.5 For purpose of this rule, reasonable further progress (RFP) shall mean compliance with the schedule of annual incremental

reductions in emissions of the applicable air pollutant prescribed by the Control Officer based on air quality modeling

under Section 510 of this rule, to provide for attainment of the applicable air quality standards by the deadlines set under

Part D of Title I of the Act, or in an applicable implementation plan.

306.6 For the purpose of this rule, net air quality benefit shall mean that during similar time periods either Section 306.6(a) or

Section 306.6(b) of this rule is applicable:

a. A reduction in the number of violations of the applicable Arizona ambient air quality standard within the

allowable offset area has occurred and the following mathematical expression is satisfied:

 N Xi – C  K Xj – C

 N  K

 i = 1 j = 1 

when:

C = The applicable Arizona ambient air quality standard.

Xi = The concentration level of the violation at the ith receptor for the pollutant after offsets.

N = The number of violations for the pollutant after offsets (N  K).

Xj = The concentration level of the violation at the jth receptor from the pollutant before offsets.

K = The number of violations for the pollutant before offsets.

b. The average of the ambient concentrations within the allowable offset area after the implementation of the

contemplated offsets will be less than the average of the ambient concentrations within the allowable offset area

without the offsets.

306.7 For the purpose of this rule, baseline shall be defined as:

a. The baseline of total emissions from any sources in existence or sources that have obtained a permit or permit

revision under this rule, regardless of whether or not the sources are in actual operation at the time of application

for the permit or permit revision, shall be the total actual emissions at the time the application is filed. In

addition, the baseline of total emissions shall consist of all emission limitations included as conditions on

federally enforceable permits, except that the offset baseline shall be the actual emissions of the source from
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County Notices According to A.R.S. § 49-112

which offset credit is obtained if:

(1) No emission limitations are applicable to a source from which offsets are being sought; or

(2) The demonstration of reasonable further progress (RFP) and attainment of ambient air quality

standards is based upon the actual emissions of sources located within a designated nonattainment

area.

b. If the emission limitations for a particular pollutant allow greater emissions than the potential emission rate of

the source for that pollutant, the baseline shall be the potential emission rate at the time application for the permit

or permit revision under this rule is filed, and emissions offset credit shall be allowed only for control below the

potential emission rate.

306.8 For an existing fuel combustion source, offset credit shall be based on the allowable emissions under the regulations or

permit conditions applicable to the source for the type of fuel being burned at the time the application for the permit or

permit revision under this rule is filed. If an existing source commits to switch to a cleaner fuel at some future date,

emissions offset credit based on the actual emissions for the fuels involved shall not be acceptable unless:

a. The permit or permit revision under this rule for the source specifically requires the use of a specified alternative

control measure that would achieve the same degree of emissions reduction if the source switches back to a

dirtier fuel at some later date; and

b. The source demonstrates to the satisfaction of the Control Officer that it has secured an adequate long-term

supply of the cleaner fuel.

306.9 Offsets shall be made on either a pounds-per-hour, pounds-per-day, pounds-per-quarter, tons-per-quarter, or tons-peryear basis, whichever is applicable, when all sources involved in the emission offset calculations are operating at their

maximum expected or allowed production rate and, except as otherwise provided in Section 306.8 of this rule, utilizing

the type of fuel burned at the time the application for the permit or permit revision under this rule is filed. A tons-per-year

basis shall not be used if the new or modified source or the source offsets are not expected to operate throughout the entire

year. No emissions credit may be allowed for replacing one VOC with another VOC of lesser reactivity.

306.10 Emissions reductions achieved by shutting down an existing source or permanently curtailing production or operating hours

below baseline levels may be credited, if the work force to be affected has been notified of the proposed shutdown or

curtailment. No offset credits for shutdowns or curtailments shall be provided for emissions reductions that are

necessary to bring a source into compliance with reasonably available control technology (RACT) or any other standard

under an applicable implementation plan.

306.11 The allowable offset area shall be the geographical area in which the sources are located whose emissions are

being sought to offset emissions from a new major source or major modification. For the pollutants sulfur dioxide, PM10,

and carbon monoxide, the allowable offset area shall be determined by atmospheric dispersion modeling. If the emission

offsets are obtained from a source on the same premises or in the immediate vicinity of the new major source or major

modification, and the pollutants disperse from substantially the same effective stack height, atmospheric dispersion

modeling shall not be required. The allowable offset area for all other pollutants shall be the nonattainment areas for those

pollutants within which the new major source or major modification is to be located.

306.12 An emission reduction may only be used to offset emissions if the reduced level of emissions will continue for the life of the

new source or modification and if the reduced level of emissions is legally and federally enforceable at the time of permit

issuance. It shall be considered legally enforceable, if the following conditions are met:

a. The emission reduction is included as a condition in the permit of the source relied upon to offset the emissions

from the new major source or major modification, or in the case of reductions from sources controlled by the

applicant, is included as a condition of the permit or permit revision under this rule for the new major source or

major modification;

b. The emission reduction is adopted as a part of this rule or comparable rules of any other governmental entity or

is contractually enforceable by the Control Officer and is in effect at the time the permit is issued.

306.13 For the purpose of this rule, the Control Officer may initiate or a source may propose a mobile source emission reduction
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1406 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

credit (MERC) program. “MERC Program” or “Program” means any activity undertaken by a person which generates

actual mobile source emission reductions within the Maricopa County nonattainment area for purposes of establishing

MERCs under this rule.

a. Applicability: A MERC Program applies to any owner, user, transferor, or transferee of a MERC for new

source review (NSR) purposes, of a mobile source for which a MERC has been granted, and for any generator of

a MERC.

b.Limitations:

(1) A MERC Program can be a one-time action, a series of one-time actions, or a continuous set of

actions.

(2) A MERC generated by a MERC Program must create an actual emissions reduction.

(3) A MERC generated by a MERC Program is subject to the written approval of the Control Officer and

the Administrator.

(4) At a minimum, a MERC, like other emission reduction credits used as NSR offsets, must meet the

requirements of Section 306.2 of this rule, including being surplus, enforceable, permanent, and

quantifiable.

(5)The MERC Program shall include specifications regarding:

(a)Quantification of mobile source emission credit.

(b) Life of mobile source emission credit. The life of a MERC shall be dependent on the

duration of the actual emission reductions activity. For the purpose of this section, actual

emission reductions mean emission reductions which occur or are projected to occur within

the Maricopa County nonattainment area and which meet the requirements of Section 306.2

of this rule.

(c) Evidence of disposal of original mobile source. For the purpose of this section, disposal is

not limited to scrapping a mobile source but includes relocating a mobile source outside the

Maricopa County nonattainment area.

(d)Recordkeeping and reporting.

c. Inspections And Recordkeeping:

(1) Any owner, user, transferor, or transferee of a MERC for new source review (NSR) purposes, of a

mobile source for which a MERC has been granted, or any generator of a MERC shall compile and

retain, for five years beyond the credit life (if the credit has a limited life), all records reasonably

necessary to verify compliance with the requirements of this rule and with any other requirements

imposed under the granting or use of the MERC. The Control Officer shall determine what records are

"reasonably necessary" and, prior to the MERC-generating activity taking place, shall approve a

written document, which describes these requirements. Records may be maintained in an electronic

format, if compatible with existing Department computer equipment, as determined by the Control

Officer.

(2) Access to and copies of all applicable records, for inspection, shall be provided to the Control Officer

upon request.

(3) Any owner, user, transferor, or transferee of a MERC for new source review (NSR) purposes, of a

mobile source for which a MERC has been granted, or any generator of a MERC, is subject to random

inspections by the Control Officer to verify compliance with this rule and any other requirements

imposed under the granting or use of the MERC.

(4) The Control Officer shall, upon request, have access to the premises of any owner, user, transferor, or
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transferee of a MERC for new source review (NSR) purposes, of any mobile source for which a

MERC has been granted, or any generator of a MERC, for purposes of conducting an inspection to

verify compliance with this rule and with any other requirements imposed under the granting or use of

the MERC.

(5) Inspections may include review of records, testing, or any other action to verify compliance with this

rule and with any other requirements imposed under the granting or use of the MERC.

307 SPECIAL REQUIREMENTS FOR MAJOR SOURCES OF VOC OR OXIDES OF NITROGEN IN OZONE

NONATTAINMENT AREAS CLASSIFIED AS SERIOUS OR SEVERE:

307.1 The provisions of Section 307 of this rule only apply to stationary sources of VOC or oxides of nitrogen in ozone

nonattainment areas classified as serious or severe. Unless otherwise provided in this rule, all requirements of Rule 200-

Permit Requirements, Rule 210-Title V Permit Provisions, Rule 240-Permits For New Major Sources And Major

Modifications To Existing Major Sources, Rule 245-Continuous Source Emission Monitoring, and Rule 270-Performance

Tests of these rules apply.

307.2 Significant means, for the purposes of a major modification of any major source of VOC or oxides of nitrogen or for

determining whether an otherwise minor source is major under Section 210-Definition Of Major Source of this rule, any

physical change or change in the method of operations that results in net increases in emissions of either pollutant by more

than 25 tons when aggregated with all other creditable increases and decreases in emissions from the source over the

previous five consecutive calendar years, including the calendar year in which the increase is proposed. For the purpose of

Section 307 of this rule, a physical change or change in the method of operation that results in an increase of less than one

ton per year of VOC or oxides of nitrogen before netting does not trigger a 5-year aggregation exercise.

307.3 For any major source that emits or has the potential to emit less than 100 tons VOC or oxides of nitrogen per year, a

significant increase in VOC or oxides of nitrogen, respectively, shall constitute a major modification, except that the

increase in emissions from any discrete emissions unit, operation, or other pollutant emitting activity that is offset from

other units, operations, or activities at the source at a ratio of 1.3:1 for the increase in VOC or oxides of nitrogen,

respectively, from the unit, operation, or activity shall not be considered part of the major modification. Best available

control technology (BACT) shall be substituted for lowest achievable emission rate (LAER) for all major modifications

under this section. Net emissions increases in VOC or oxides of nitrogen above the internal offset described herein shall be

subject to the offset requirements in Section 307.5 and Section 307.6 of this rule.

307.4 For any stationary source that emits or has the potential to emit 100 tons or more of VOC or oxides of nitrogen per year,

any significant increase in VOC or oxides of nitrogen, respectively, shall constitute a major modification. If the increase in

emissions from the modification at any discrete emissions unit, operation, or other pollutant emitting activity is offset from

other units, operations or activities at the source at a ratio of 1.3:1 for the increase in VOC or oxides of nitrogen,

respectively from the unit, operation or activity, best available control technology (BACT) shall be substituted for lowest

achievable emission rate (LAER) at the unit, operation, or activity. Net emissions increases in VOC or oxides of nitrogen

above the internal offset described herein shall be subject to the offset requirements in Section 307.5 and Section 307.6 of

this rule.

307.5 For any new major source or major modification that is classified major because of emissions or potential to emit VOC or

oxides of nitrogen in an ozone nonattainment area classified as serious, the increase in emissions of these pollutants from

the source or modification shall be offset at a ratio of 1.2:1. The offset shall be made in accordance with the provisions of

Section 306 of this rule.

307.6 For any new major source or major modification that is classified as such because of emissions or potential to emit VOC or

oxides of nitrogen in an ozone nonattainment area classified as severe, the increase in emissions of these pollutants from

the source or modification shall be offset at a ratio of 1.3:1. If the State Implementation Plan (SIP) requires all existing

major sources of these pollutants in the nonattainment area to apply best available control technology (BACT), then the

offset ratio shall be 1.2:1. These offsets shall be made in accordance with the provisions of Section 306 of this rule.

308 PERMIT REQUIREMENTS FOR SOURCES LOCATED IN ATTAINMENT AND UNCLASSIFIABLE AREAS:

308.1 Except as provided in Section 308.2 through Section 308.7 and Section 509 of this rule, no permit or permit revision under

this rule shall be issued to a person proposing to construct a new major source or proposing to make a major modification
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1408 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

to a major source that would be constructed in an area designated as attainment or unclassifiable for any pollutant, unless

the source or modification meets the following conditions:

a. A new major source shall apply best available control technology (BACT) for each pollutant listed in Rule 100-

General Provisions And Definitions of these rules for which the potential to emit is significant.

b. A major modification shall apply best available control technology (BACT) for each pollutant listed in Rule

100-General Provisions And Definitions of these rules for which the modification would result in a significant

net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net

emissions increase in the pollutant would occur as a result of a physical change or of a change in the method of

operation in the unit.

c. For phased construction projects, the determination of best available control technology (BACT) shall be

reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to

commencement of construction of each independent phase of the project. At such time, the owner or operator of

the applicable stationary source may be required to demonstrate the adequacy of any previous determination of

best available control technology (BACT) for the source.

d. Best available control technology (BACT) shall be determined on a case-by-case basis and may constitute

application of production processes or available methods, systems, and techniques, including fuel cleaning or

treatment, clean fuels, or innovative fuel combustion techniques, for control of such pollutant. In no event shall

such application of best available control technology (BACT) result in emissions of any pollutant which would

exceed the emissions allowed by any applicable new source performance standard or national emission standard

for hazardous air pollutants under Rule 360-New Source Performance Standards, Rule 370-Federal Hazardous

Air Pollutant Program, and Rule 372-Maricopa County Hazardous Air Pollutants (HAPS) Program of these

rules. If the Control Officer determines that technological or economic limitations on the application of

measurement methodology to a particular emissions unit would make the imposition of an emissions standard

infeasible, a design, equipment, work practice, operational standard or combination thereof may be prescribed

instead to satisfy the requirement for the application of best available control technology (BACT). Such

standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such

design, equipment, work practice or operation, and shall provide for compliance by means which achieve

equivalent results.

e. The person applying for the permit or permit revision under this rule performs an air impact analysis and

monitoring as specified in Section 500 of this rule and such analysis demonstrates that allowable emission

increases from the proposed new major source or major modification, in conjunction with all other applicable

emission increases or reductions, including secondary emissions, for all pollutants listed in Rule 500-Attainment

Area Classification of these rules, and minor and mobile sources for oxides of nitrogen:

(1) Would not cause nor contribute to an increase in concentrations of any pollutant by an amount in

excess of any applicable maximum allowable increase over the baseline concentration in Rule 500-

Attainment Area Classification of these rules for any attainment or unclassified area; or

(2) Would not cause nor contribute to an increase in ambient concentrations for a pollutant by an amount

in excess of the significance level for such pollutant in any adjacent area in which Arizona primary or

secondary ambient air quality standards for that pollutant are being violated. A new major source of

volatile organic compounds (VOCs) or oxides of nitrogen, or a major modification to a major source

of VOCs or oxides of nitrogen, shall be presumed to contribute to violations of the Arizona ambient

air quality standards for ozone if it will be located within 50 kilometers (31 miles) of a nonattainment

area for ozone. The presumption may be rebutted for a new major source or major modification if it

can be satisfactorily demonstrated to the Control Officer that emissions of VOCs or oxides of nitrogen

from the new major source or major modification will not contribute to violations of the Arizona

ambient air quality standards for ozone in adjacent nonattainment areas for ozone. Such a

demonstration shall include a showing that topographical, meteorological or other physical factors in

the vicinity of the new major source or major modification are such that transport of VOCs emitted

from the source are not expected to contribute to violations of the ozone standards in the adjacent

nonattainment areas.
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County Notices According to A.R.S. § 49-112

f. Air quality models:

(1) All estimates of ambient concentrations required under this rule shall be based on the applicable air

quality models, data basis, and other requirements specified in 40 C.F.R. 51, Appendix W, “Guideline

On Air Quality Models”, as of July 1, 2004 (and no future amendments or additions), which shall be

referred to hereinafter as "Guideline" and is adopted by reference.

(2) Where an air quality impact model specified in the Guideline is inappropriate, the model may be

modified or another model substituted. Such a change is subject to notice and opportunity for public

comment. Written approval of the Administrator shall be obtained for any modification or

substitution. 

308.2 The requirements of this section shall not apply to a new major source or major modification to a source with respect to a

particular pollutant if the person applying for the permit or permit revision under this rule demonstrates that, as to that

pollutant, the source or modification is located in an area designated as nonattainment for the pollutant.

308.3 The requirements of this section shall not apply to a new major source or major modification of a source if such source or

modification would be a major source or major modification only if fugitive emissions, to the extent quantifiable, are

considered in calculating the potential emissions of the source or modification, and the source is not either among the

Categorical Sources listed in Section 202 of this rule or belongs to the category of sources for which New Source

Performance Standards (NSPS) under 40 C.F.R. Part 60 or National Emission Standards For Hazardous Air Pollutants

(NESHAPS) under 40 C.F.R. Part 61, promulgated by the Administrator prior to August 7, 1980.

308.4 The requirements of this section shall not apply to a new major source or major modification to a source when the owner of

such source is a nonprofit health or educational institution.

308.5 The requirements of this section shall not apply to a portable source which would otherwise be a new major source or

major modification to an existing source if such portable source is temporary, is under a permit or permit revision issued

under this rule, is in compliance with the conditions of that permit or permit revision under this rule, the emissions from the

source will not impact a Class I area nor an area where an applicable increment is known to be violated, and reasonable

notice is given to the Control Officer prior to the relocation identifying the proposed new location and the probable

duration of operation at the new location. Such notice shall be given to the Control Officer not less than 10 calendar days in

advance of the proposed relocation unless a different time duration is previously approved by the Control Officer.

308.6 Special Requirements Applicable To Federal Land Managers:

a. Notwithstanding any other provision of this rule, a Federal Land Manager may present to the Control Officer a

demonstration that the emissions attributed to such new major source or major modification to a source will have

significant adverse impact on visibility or other specifically defined air quality related values of any Federal

Mandatory area designated in Rule 500-Attainment Area Classification of these rules, regardless of the fact that

the change in air quality resulting from emissions attributable to such new major source or major modification to

a source in existence will not cause or contribute to concentrations which exceed the maximum allowable

increases for a Class I area. If the Control Officer concurs with such demonstrations, the permit or permit

revision under this rule shall be denied.

b. If the owner or operator of a proposed new major source or a source for which major modification is proposed

demonstrates to the Federal Land Manager that the emissions attributable to such major source or major

modification will have no significant adverse impact on the visibility or other specifically defined air quality

related values of such areas and the Federal Land Manager so certifies to the Control Officer, the Control Officer

may issue a permit or permit revision under this rule notwithstanding the fact that the change in air quality

resulting from emissions attributable to such new major source or major modification will cause or contribute to

concentrations which exceed the maximum allowable increases for a Class I area. Such a permit or permit

revision under this rule shall require that such new major source or major modification comply with such

emission limitations as may be necessary to assure that emissions will not cause increases in ambient

concentrations greater than the following maximum allowable increases over baseline concentrations for such

pollutants:
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1410 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

308.7 The issuance of a permit or permit revision under this rule in accordance with this section shall not relieve the owner

or operator of the responsibility to comply fully with applicable provisions of the State Implementation Plan (SIP) and

any other requirements under local, State, or Federal law.

308.8 At such time that a particular source or modification becomes a major source or major modification solely by virtue of

a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or

modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of this

rule shall apply to the source or modification as though construction had not yet commenced on the source or

modification.

309 STACK HEIGHT LIMITATION:

309.1 The limitations set forth herein shall not apply to stacks or dispersion techniques used by the owner or operator prior to

December 31, 1970, for which the owner or operator had:

a. Begun, or caused to begin, a continuous program of physical on-site construction of the stack;

b. Entered into building agreements or contractual obligations, which could not be canceled or modified

without substantial loss to the owner or operator, to undertake a program of construction of the stack to be

completed in a reasonable time; or

c. Coal fired steam electric generating units, subject to the provisions of Section 118 of the Act which

commenced operation before July 1, 1975, with stacks constructed under a construction contract awarded

before February 8, 1974.

309.2 Good engineering practice (GEP) stack height is calculated as the greater of the following four numbers:

a. 65 meters (213.25 feet).

b. For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all applicable

preconstruction permits or approvals required under 40 C.F.R. Parts 51 and 52 and Section 305 of this rule,

Hg = 2.5H.

c. For all other stacks, Hg = H + 1.5L, where:

Hg = good engineering practice stack height, measured from the ground-level elevation at the base of the

stack;

H = height of nearby structure measured from the ground-level elevation at the base of the stack;

L = lesser dimension (height or projected width) of nearby structure; provided that the EPA, the Director, or

the Control Officer may require the use of a field study or fluid model to verify good engineering practice

(GEP) stack height for the source; or

Maximum Allowable Increases

Pollutant Averaging Time Increase In mg/m3

TSP

Annual Geometric 

Mean

19

TSP 24-hour Maximum 37

SO2

Annual Arithmetic 

Mean

20

SO2 24-hour Maximum 91

SO2 3-hour Maximum 325

NO2

Annual Arithmetic 

Mean

25
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d. The height demonstrated by a fluid model or a field study approved by the reviewing agency, which ensures

that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of

atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby

terrain obstacles.

e. For a specific structure or terrain feature, "nearby" shall be:

(1) For purposes of applying the formulae in Section 309.2(b) of this rule and Section 309.2(c) of this

rule, that distance up to five times the lesser of the height or the width dimension of a structure but

not greater than 0.8 km (one-half mile).

(2) For conducting demonstrations under Section 309.2(d) of this rule, means not greater than 0.8 km

(one-half mile). An exception is that the portion of a terrain feature may be considered to be

nearby which falls within a distance of up to 10 times the maximum height (H+) of the feature, not

to exceed two miles if such feature achieved a height (H+) 0.8 km from the stack. The height shall

be at least 40% of the good engineering practice (GEP) stack height determined by the formula

provided in Section 309.2(c) of this rule, or 85 feet (26 meters), whichever is greater, as measured

from the ground-level elevation at the base of the stack.

f. "Excessive concentrations" means, for the purpose of determining good engineering practice stack height

under Section 309.2(d) of this rule:

(1) For sources seeking credit for stack height exceeding that established under Sections 309.2(b) and

309.2(c) of this rule, a maximum ground-level concentration due to emissions from a stack due in

whole or in part to downwash, wakes, and eddy effects produced by nearby structures or nearby

terrain features which individually is at least 40% in excess of the maximum concentration

experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a

total concentration due to emissions from all sources that is greater than an ambient air quality

standard. For sources subject to the requirements for permits or permit revisions under this rule, an

excessive concentration alternatively means a maximum ground-level concentration due to

emissions from a stack due in whole or part to downwash, wakes or eddy effects produced by

nearby structures or nearby terrain features which individually is at least 40% in excess of the

maximum concentration experienced in the absence of such downwash, wakes or eddy effects and

greater than the applicable maximum allowable increase contained in Rule 500-Attainment Area

Classification of these rules. The allowable emission rate to be used in making demonstrations

under Section 309.2(d) of this rule shall be prescribed by the new source performance standard

(NSPS) which is applicable to the source category, unless the owner or operator demonstrates that

this emission rate is infeasible. Where such demonstrations are approved by the Control Officer,

an alternative emission rate shall be established in consultation with the source owner or operator.

(2) For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the

heights established under Sections 309.2(b) and 309.2(c) of this rule, either:

(a) A maximum ground-level concentration due in whole or in part to downwash, wakes, or

eddy effects as provided in Section 309.2(f)(1) of this rule, except that emission rate

specified by any applicable State Implementation Plan (SIP) shall be used, or

(b) The actual presence of a local nuisance caused by the existing stack, as determined by

the Control Officer; and

(3) For sources seeking credit after January 12, 1979, for a stack height determined under Sections

309.2(b) and 309.2(c) of this rule, where the Control Officer requires the use of a field study or

fluid model to verify good engineering practice (GEP) stack height, for sources seeking stack

height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and

for sources seeking stack height credit after December 31, 1970, based on the aerodynamic

influence of structures not adequately represented by the equations in Sections 309.2(b) and

309.2(c) of this rule, a maximum ground-level concentration due in whole or in part to downwash,

wakes, or eddy effects that is at least 40% in excess of the maximum concentration experienced in
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the absence of such downwash, wakes, or eddy effects.

309.3 The degree of emission limitation required of any source after the respective date given in Section 309.1 of this rule

for control of any pollutant shall not be affected by so much of any source's stack height that exceeds good engineering

practice or by any other dispersion technique.

309.4 The good engineering practice (GEP) stack height for any source seeking credit because of plume impaction which

results in concentrations in violation of national ambient air quality standards or applicable prevention of significant

deterioration (PSD) increments can be adjusted by determining the stack height necessary to predict the same

maximum air pollutant concentration on any elevated terrain feature as the maximum concentration associated with

the emission limit which results from modeling the source using the good engineering practice (GEP) stack height as

determined herein and assuming the elevated terrain features to be equal in elevation to the good engineering practice

(GEP) stack height. If this adjusted good engineering practice (GEP) stack height is greater than stack height the

source proposes to use, the source's emission limitation and air quality impact shall be determined using the proposed

stack height and the actual terrain heights.

309.5 Before the Control Officer issues a permit or permit revision under this rule to a source based on a good engineering

practice (GEP) stack height that exceeds the height allowed by Section 309.2 of this rule, the Control Officer shall

notify the public of the availability of the demonstration study and provide opportunity for a public hearing in

accordance with the requirements of Rule 210-Title V Permit Provisions of these rules.

SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 - MONITORING AND RECORDS

501 POLLUTANTS TO BE INCLUDED IN ANALYSIS OF AMBIENT AIR QUALITY: Any application for a permit or

permit revision under this rule to construct a new major source or major modification to a major source shall contain for each of

the following pollutants an analysis of ambient air quality in the area that the new major source or major modification would

affect:

501.1 For the new source, each pollutant that it would have the potential to emit in a significant amount.

501.2 For the modification, each pollutant for which it would result in a significant net emissions increase.

502 PRECONSTRUCTION AIR QUALITY MONITORING DATA:

502.1 With respect to any such pollutant for which no national ambient air quality standard exists, the analysis shall contain

all air quality monitoring data as the Control Officer determines is necessary to assess ambient air quality for that

pollutant in any area that the emissions of the pollutant would affect.

502.2 With respect to any such pollutant, other than nonmethane hydrocarbons, for which a national ambient air quality

standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of

determining whether emissions of that pollutant would cause or contribute to a violation of such standard or of any

maximum allowable increase.

502.3 In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at least

one year and shall represent at least the year preceding receipt of the application, except that if the Control Officer

determines that a complete and adequate analysis can be accomplished with continuous air quality monitoring data

gathered over a period shorter than one year, but not to be less than four months, the data that is required shall have

been gathered over at least that shorter period.

503 COMPLETE APPLICATION AIR QUALITY MONITORING DATA: For any application which, prior to February 9,

1982, becomes complete, except as to the requirements of Section 502.2 of this rule, the data that Section 502.2 of this rule

requires shall have been gathered over at least the period from February 9, 1981, to the date the application becomes otherwise

complete, except that:

503.1 If the new source or modification would have been major for that pollutant under Section 308 of this rule as in effect

on October 2, 1979, any monitoring data shall have been gathered over at least the period required by Section 308 of

this rule.
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503.2 If the Control Officer determines that a complete and adequate analysis can be accomplished with monitoring data

over a shorter period (not to be less than four months), the data that Section 502.2 of this rule requires shall have been

gathered over that shorter period.

503.3 If the monitoring data would relate exclusively to ozone and would not have been required under Section 308 of this

rule as in effect on October 2, 1979, the Control Officer may waive the otherwise applicable requirements of Section

308 of this rule to the extent that the applicant shows that the monitoring data would be unrepresentative of air quality

over the full year.

504 POST-APPROVAL AIR QUALITY MONITORING DATA FOR OZONE: The owner or operator of a proposed stationary

source or modification to a source of VOCs who satisfies all conditions of 40 C.F.R. 51, Appendix S, Section IV, may provide

post-approval monitoring data for ozone in lieu of providing preconstruction data as required under Section 502 of this rule.

505 POST-CONSTRUCTION AIR QUALITY MONITORING DATA: The owner or operator of a new major source or major

modification shall, after construction of the source or modification, conduct such ambient monitoring as the Control Officer

determines is necessary to determine the effect emissions from the new source or modification may have, or are having, on air

quality in any area.

506 OPERATIONS OF MONITORING STATIONS: The owner or operator of a new major source or major modification shall

meet the requirements of 40 C.F.R. 58, Appendix B, during the operation of monitoring stations for purposes of satisfying

Section 502 through Section 505 of this rule.

507 EXCEPTIONS TO MONITORING FOR A PARTICULAR POLLUTANT: The requirements of Section 502 through

Section 506 of this rule shall not apply to a new major source or major modification to an existing source with respect to

monitoring for a particular pollutant if:

507.1 The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the

modification would cause, in any area, air quality impacts less than the following amounts:

or,

507.2 The concentrations of the pollutant in the area that the new source or modification would affect are less than the

concentrations listed in Section 507.1 of this rule.

508 VISIBILITY AND AIR QUALITY IMPACT ANALYSIS: Any application for a permit or a permit revision under this rule

to construct a new major source or major modification to a source shall contain:

508.1 An analysis of the impairment to visibility, soils and vegetation that would occur as a result of the new source or

modification and general commercial, residential, industrial and other growth associated with the new source or

modification. The applicant need not provide an analysis of the impact on vegetation having no significant commercial

or recreational value.

508.2 An analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and

Pollutant Concentration Averaging Time

Carbon Monoxide 575 mg/m3 8 hour average

Nitrogen dioxide 14 mg/m3 annual average

PM10 10 mg/m3 24 hour average

Sulfur dioxide 13 mg/m3 24 hour average

Lead 0.1 mg/m3 24 hour average

Fluorides 0.25 mg/m3 24 hour average

Total reduced sulfur 10 mg/m3 1 hour average

Hydrogen sulfide 0.04 mg/m3 1 hour average

Reduced sulfur compounds 10 mg/m3 1 hour average

Ozone

Increased emissions of less than 100 tons per year of 

volatile organic compounds or oxides of nitrogen
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1414 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

other growth associated with the new source or modification.

509 INNOVATIVE CONTROL TECHNOLOGY:

509.1 Notwithstanding the provisions of Sections 308.1(a), 308.1(b), and 308.1(c), of this rule, the owner or operator of a

proposed new major source or major modification may request that the Control Officer approve a system of innovative

control technology rather than the best available control technology (BACT) requirements otherwise applicable to the

new source or modification.

509.2 The Control Officer shall approve the installation of a system of innovative control technology if the following

conditions are met:

a. The owner or operator of the proposed source or modification satisfactorily demonstrates that the proposed

control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in

its operation or function;

b. The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which

would have been required under Section 308.1(b) of this rule by a date specified in the permit or permit

revision under this rule for the source. Such date shall not be later than four years from the time of start-up or

seven years from the issuance of a permit or permit revision under this rule;

c. The source or modification would meet requirements equivalent to those in Section 308.1 of this rule based

on the emissions rate that the stationary source employing the system of innovative control technology

would be required to meet on the date specified in the permit or permit revision under this rule;

d. Before the date specified in the permit or permit revision under this rule, the source or modification would

not:

(1) Cause or contribute to any violation of an applicable State ambient air quality standard; or

(2) Impact any area where an applicable increment is known to be violated.

e. All other applicable requirements, including those for public participation have been met.

f. The Control Officer receives the consent of the governors of other affected states.

g. The limits on pollutants contained in Rule 500-Attainment Area Classification of these rules for Class I

areas will be met for all periods during the life of the source or modification.

509.3 The Control Officer shall withdraw any approval to employ a system of innovative control technology made under this

rule if:

a. The proposed system fails by the specified date to achieve the required continuous emissions reduction rate;

or

b. The proposed system fails before the specified date, so as to contribute to an unreasonable risk to public

health, welfare, or safety; or

c. The Control Officer decides at any time that the proposed system is unlikely to achieve the required level of

control or to protect the public health, welfare, or safety.

509.4 If the new source or major modification fails to meet the required level of continuous emissions reduction within the

specified time period, or if the approval is withdrawn in accordance with Section 509.3 of this rule, the Control Officer

may allow the owner or operator of the source or modification up to an additional three years to meet the requirement

for the application of best available control technology (BACT) through use of a demonstrated system of control.

510 AIR QUALITY MODELS:

510.1 Where the Control Officer requires a person requesting a permit or permit revision under this rule to perform air

quality impact modeling to obtain such permit or permit revision under this rule, the modeling shall be performed in a
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manner consistent with the Guideline.

510.2 Where the person requesting a permit or permit revision under this rule can demonstrate that an air quality impact

model specified in the Guideline is inappropriate, the model may be modified or another model substituted. However,

before such modification or substitution can occur, the Control Officer must make a written finding that:

a. No model in the Guideline is appropriate for a particular permit or permit revision under this rule under

consideration; or

b. The data base required for the appropriate model in the Guideline is not available; and

c. The model proposed as a substitute or modification is likely to produce results equal or superior to those

obtained by models in the Guideline; and

d. The model proposed as a substitute or modification has been approved by the Administrator.

510.3 Use of a modified or substituted model under this rule shall be subject to notice and opportunity for public comment

under Rule 210-Title V Permit Provisions of these rules.

511 VISIBILITY PROTECTION:

511.1 For any new major source or major modification subject to the provisions of this rule, no permit or permit revision

under this rule shall be issued to a person proposing to construct or to modify the source, unless the applicant has

provided:

a. An analysis of the anticipated impacts of the proposed source on visibility in any Class I areas which may be

affected by the emissions from that source; and

b. Results of monitoring of visibility in any area near the proposed source for such purposes and by such means

as the Control Officer determines is necessary and appropriate.

511.2 A determination of an adverse impact on visibility shall be made based on consideration of all of the following factors:

a. The times of visitor use of the area.

b. The frequency and timing of natural conditions in the area that reduce visibility.

c. All of the following visibility impairment characteristics:

(1) Geographic extent;

(2) Intensity;

(3) Duration;

(4) Frequency; and

(5) Time of day.

d. The correlation between the characteristics listed in Section 511.2(c) of this rule and the factors described in

Sections 511.2(a) and 511.2(b) of this rule.

511.3 The Control Officer shall not issue a permit or a permit revision under this rule, or pursuant to Rule 200-Permit

Requirements, Rule 210-Title V Permit Provisions, Rule 245-Continuous Source Emission Monitoring, and Rule 270-

Performance Tests of these rules, for any new major source or major modification subject to this rule, unless the

following requirements have been met:

a. The Control Officer shall notify the individuals identified in Section 511.3(b) of this rule within 30 days of

receipt of any advance notification of any such permit application or permit revision application under this

rule.
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1416 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

b. Within 30 days of receipt of an application for a permit or permit revision under this rule for a source whose

emissions may affect a Class I area, the Control Officer shall provide written notification of the application

to the Federal Land Manager and to the federal official charged with direct responsibility for management of

any lands within any such area. The notice shall:

(1) Include a copy of all information relevant to the permit application or to the permit revision

application under this rule;

(2) Include an analysis of the anticipated impacts of the proposed source on visibility in any area

which may be affected by emissions from the source; and

(3) Provide for no less than a 30 day period within which written comments may be submitted.

c. The Control Officer shall consider any analysis provided by the Federal Land Manager that is received

within the comment period provided in Section 511.3(b) of this rule.

(1) Where the Control Officer finds that the analysis provided by the Federal Land Manager does not

demonstrate to the satisfaction of the Control Officer that an adverse impact on visibility will

result in the area, the Control Officer shall, within the public notice required by Rule 210-Title V

Permit Provisions of these rules, either explain the decision or specify where the explanation can

be obtained.

(2) When the Control Officer finds that the analysis provided by the Federal Land Manager

demonstrates to the satisfaction of the Control Officer that an adverse impact on visibility will

result in the area, the Control Officer shall not issue a permit or permit revision under this rule for

the proposed new major source or major modification.

d. When the proposed permit decision is made under Rule 210-Title V Permit Provisions of these rules and

available for public review, the Control Officer shall provide the individuals identified in Section 511.3(b)

of this rule with a copy of the proposed permit decision and shall make available to them any materials used

in making that determination.

REGULATION II PERMITS AND FEES

RULE 240

FEDERAL MAJOR NEW SOURCE REVIEW (NSR)

INDEX

SECTION 100 – GENERAL

101 PURPOSE

102 APPLICABILITY

SECTION 200 – DEFINITIONS (NOT APPLICABLE)

SECTION 300 – STANDARDS

301 PERMIT OR PERMIT REVISION REQUIRED

302 APPLICATION COMPLETENESS

303 AIR IMPACT ANALYSIS FOR ANY GEOGRAPHICAL AREA

304 ACTION ON APPLICATION AND NOTIFICATION REQUIREMENTS

305 PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES OR MAJOR MODIFICATIONS LOCATED IN NONATTAINMENT AREAS

306 PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES OR MAJOR MODIFICATIONS LOCATED IN 

ATTAINMENT OR UNCLASSIFIABLE AREAS
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307 STACK HEIGHT AND DISPERSION TECHNIQUES

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)

Adopted 11/15/1993; Revised 02/15/1995; Revised 02/07/2001; Revised 05/07/2003; Revised 06/06/2007; Repealed and Adopted xx/xx/

xxxx

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION II PERMITS AND FEES

RULE 240

FEDERAL MAJOR NEW SOURCE REVIEW (NSR)

SECTION 100 GENERAL

101 PURPOSE: To implement the federal new source review requirements, including nonattainment area new source review 

requirements of sections 172(c)(5) and 173 of the Clean Air Act for any area designated nonattainment for any national ambient 

air quality standard under 40 CFR 81.303 and attainment area prevention of significant deterioration requirements of section 165 

of the Clean Air Act for any area designated attainment or unclassifiable under sections 107(d)(1)(A)(ii) or (iii) of the Clean Air 

Act. This is a preconstruction review and permitting program applicable to new or modified major stationary sources in areas 

designated nonattainment, attainment or unclassifiable.

102 APPLICABILITY: The provisions of this rule apply to any new major stationary source or major modification to an existing 

major stationary source of regulated NSR pollutants.

103 INCORPORATION BY REFERENCE: The CFR sections cited in this rule are incorporated by reference at Appendix G of 

these rules and made part of the Maricopa County Air Pollution Control Regulations.

SECTION 200 DEFINITIONS: The definitions applicable throughout this rule are incorporated by reference into Sections 304 and 305 

of this rule. In the event of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this rule 

take precedence for this rule. See Rule 100 (General Provisions and Definitions) of these rules for definitions of terms that are used but 

not specifically defined in this rule.

SECTION 300 - STANDARDS

301 PERMIT OR PERMIT REVISION REQUIRED: No person shall begin actual construction of a new major source or a major 

modification subject to the requirements of this rule without first obtaining a proposed final permit from the Control Officer,

pursuant to Rule 210 Section 303.1(b) of these rules, stating that the major source or major modification shall meet those 

requirements.

302 APPLICATION COMPLETENESS: An application for a permit or a permit revision under this rule other than a PAL permit 

pursuant to Sections 304 and 305 of this rule shall not be considered complete unless the application demonstrates that:

302.1 The impact analyses requirements in Section 304.17 and Section 305 of this rule are met and demonstrate that the new 

major source or major modification will not interfere with the attainment or maintenance of any applicable NAAQS.

302.2 The more stringent of the applicable new source performance standards (NSPS) in Section 111 of the Clean Air Act or 

the existing source performance standards in Regulation III-Control Of Air Contaminants of these rules are applied to 

the proposed new major source or major modification of a major source.

302.3 The new major source or major modification will not have an adverse impact on visibility in any Federal Class I area 

or mandatory Class I Federal area, as determined by Sections 304 and 305 of this rule and will satisfy all the visibility 

requirements contained in Sections 304 and 305 of this rule. A demonstration of the impact on visibility shall be made 
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1418 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

according to 40 CFR 51.307(a), 40 CFR 52.21(o), and (p)(1) through (p)(4) as incorporated by reference in Appendix 

G of these rules; and shall be included with the application.

302.4 All applicable requirements of the SIP are met, including but not limited to the requirements contained in Rule 200-

Permit Requirements, Rule 210-Title V Permit Provisions, Rule 240-Federal Major Source Review (NSR), Rule 245-

Continuous Source Emission Monitoring, and Rule 270-Performance Tests of these rules.

302.5 The new major source or major modification will be in compliance with whatever emission limitation, design, 

equipment, work practice or operational standard, or combination thereof is applicable to the source or modification. 

The degree of emission limitation required for control of any pollutant under this rule shall not be affected in any 

manner by:

a. Stack height in excess of GEP stack height except as provided in Section 306 of this rule; or

b. Any other dispersion technique, unless implemented prior to December 31, 1970.

302.6 The new major source or major modification will the applicable standards for hazardous air pollutants contained in 

Section 112 of the Clean Air Act. 

302.7 The new major source or major modification will comply with all applicable requirements of Regulation III.

302.8 If a stationary source will emit 5 or more tons of lead per year, that it will not violate the NAAQS for lead.

303 ACTION ON APPLICATION AND NOTIFICATION REQUIREMENTS: Unless the specific requirement has been 

satisfied under Rule 210 of these rules, the Control Officer shall comply with the following requirements:

303.1 Within 60 days after receipt of an application for a permit, or a permit revision subject to this rule, or of any addition 

to such application, the Control Officer shall advise the applicant of any deficiency in the application. The date of 

receipt of the application shall be, for the purpose of this rule, the date on which the Control Officer received all 

required information and deemed the application complete. The permit application shall not be deemed complete 

solely because the Control Officer failed to meet the requirements of this section.

303.2 Prior to issuing a permit or permit revision pursuant to this rule, the Control Officer shall:

a. Make a preliminary determination whether the permit or permit revision or should be approved with conditions 

or disapproved.

b.Make available in at least one location, including the closest Department office, a copy of all materials the applicant 

submitted, a copy of the preliminary determination, a copy of the proposed permit and a copy or summary of 

other materials, if any, considered in making the preliminary determination. Permits or permit revisions subject 

to the provisions in Section 305 of this rule, shall also make available the degree of increment consumption that is 

expected from the source or modification.

c.Publish in at least one newspaper of general circulation in Maricopa County a notice stating the preliminary 

determination of the Control Officer, noting how pertinent information can be obtained, and inviting written 

public comment for a 30-day period following the date of publication. The notice shall include the time and place 

of any hearing that may be held, including a statement of procedure to request a hearing (unless a hearing has 

already been scheduled).

d. Send a copy of the notice requesting public comment to the permit applicant, the Administrator, and the 

following officials and agencies having cognizance of the location where the proposed major source or major 

modification would occur:

(1) The Control Officer for the county wherein the proposed or existing source that is the subject of the permit 

or permit revision application is located;

(2) The Board Of Supervisors for the county wherein the proposed or existing source that is the subject of the 

permit or permit revision application is located;

(3) The city or town managers of the city or town which contains, and any city or town the boundaries of which 

are within five miles of the location of the proposed or existing source that is the subject of the permit or 

permit revision application;

(4) Any regional land use planning agency with authority for land use planning in the area where the proposed 

or existing source that is the subject of the permit or permit revision application is located; and
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(5) Any State, Federal Land Manager, or Indian governing body whose lands may be affected by emissions 

from the proposed source or modification.

e. The Control Officer shall consult with the Federal Land Manager on a proposed major stationary source or major 

modification that may impact visibility in any Class I Area, in accordance with 40 CFR 51.307 as incorporated by 

reference in Appendix G of these rules.

f. Provide opportunity for a public hearing for persons to appear and submit written or oral comments on the air 

quality impact of the source, alternatives to it, the control technology required, and other appropriate 

considerations, if in the Control Officer’s judgment such a hearing is warranted. The Control Officer shall give 

notice of any public hearing at least 30 days in advance of the hearing.

g. Consider all written comments that were submitted within the 30 day public comment period and all comments 

received at any public hearing in making a final determination on the approvability of the application and make 

all comments available, including the Control Officer’s response to the comments, for public inspection in the 

same location where the Control Officer made available preconstruction information relating to the proposed 

source or modification.

h. Make a final determination whether the permit or permit revision should be approved with conditions or denied 

within one year of the proper filing of the complete application. The Control Officer shall notify the applicant in 

writing of his approval or of his denial.

303.3 The authority to construct and operate a new major source or major modification under a permit or permit revision 

issued under this rule shall terminate if the owner and/or operator does not commence the proposed construction 

within 18 months of issuance, or if during the construction, the owner and/or operator suspends work for more than 18 

months. The Control Officer may extend the 18-month period upon a satisfactory showing that an extension is 

justified. This provision does not apply to the time period between construction of approved phases of a phased 

construction project; each phase must commence construction within 18 months of the projected and approved 

commencement date.

303.4 Within 30 days of the issuance of any permit under this rule, the Control Officer shall submit control technology 

information from the permit to the Administrator for the purposes listed in Section 173(d) of the Clean Air Act.

303.5 Prior to issuance of a preliminary decision to issue a permit or permit revision for a new major stationary source or 

major modification, the Control Officer shall make each of the following determinations:

a. That the new or modified source will not violate applicable state implementation plan (SIP) requirements. 

b. That the new or modified source will not interfere with the attainment or maintenance of any applicable NAAQS.

c. For applications subject to Section 305, that the new or modified source will not cause or contribute to a violation 

of a prevention of significant deterioration (PSD) increment identified in Section 305 of this rule.

304 PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES OR MAJOR MODIFICATIONS LOCATED IN 

NONATTAINMENT AREAS: New major stationary sources or major modifications proposed to locate in an area designated 

nonattainment under 40 CFR 81.303 and which would be major for the nonattainment regulated NSR pollutant are considered 

nonattainment new source review actions and are subject to the requirements in Section 304 of this rule.

304.1 Definitions: The definitions contained in 40 CFR 51.100, 40 CFR 51.301, and 40 CFR 51.165(a)(1) are incorporated 

by reference in Appendix G of these rules except as provided below:

a. The following incorporated provisions of 40 CFR 51.165(a)(1) are revised as follows:

(1) The definition of “major stationary source” shall include the following: “any stationary source that emits, or 

has the potential to emit, five or more tons of lead per year.”

(2) The term “reviewing authority” shall be replaced with “Control Officer”.

(3) In the definition of “net emissions increase”, the term “reasonable period” shall be replaced with “Between 

the date five years before construction on the date the particular change commences, and the date that the 

increase from the particular change occurs.”

(4) The definition of the term “Projected actual emissions” as defined in 40 CFR 51.165(a)(1)(xxviii) 

(B)(1)shall be revised to include “Maricopa County” and to read as: “..., the company’s filings with Maricopa County, the State or Federal regulatory authorities,....” 
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b. The following definitions of 40 CFR 51.165(a)(1) are excluded: (xliii), (xliv), (xlv), and (xlvi).

c. The following definitions in 40 CFR 51.301 are included: “Adverse impact on visibility”; “Natural conditions”; 

and “Visibility impairment”.

304.2 Emission calculation requirements to determine NSR applicability: Except for an application for a PAL permit 

subject to Section 304.9, the provisions contained in 40 CFR 51.165(a)(2)(ii)(A) through (F) as incorporated by reference in Appendix G of these rules shall be used to determine if a proposed project will result in a new major stationary 

source or a major modification to an existing stationary source. These provisions shall not be used to determine the 

quantity of offsets required for a project subject the the requirements of Section 304.

304.3 Emission offsets: Increased emissions, calculated pursuant to Section 304.5(d), a major source or major modification 

subject to Section 304 shall be offset by reductions in the emissions of each pollutant for which the area has been designated as nonattainment and for which the source or modification is classified as major. Unless a ratio is provided for 

the applicable nonattainment area in Section 304.6 of this rule, the ratio of total actual emissions reductions to emission increases shall be at least 1 to 1.

304.4 Baseline for determining credit for offsets: The baseline for determining credit for emissions reductions shall be the 

actual emissions of the source from which offset credit is obtained.

304.5 Offset and emission reduction requirements:

a. All emission reductions claimed as offset credit shall meet the provisions contained in 40 CFR 

51.165(a)(3)(ii)(A) through (D) as incorporated by reference in Appendix G of these rules and 40 CFR 

51.165(a)(3)(ii)(G) as incorporated by reference in Appendix G of these rules.

b. All emission reductions claimed as offset credits shall be federally enforceable by the time a permit is issued to 

the owner and/or operator of the major source subject to this Section and shall be in effect by the time the new or 

modified source subject to the permit commences operations.

c. Location of offsetting emissions: The applicant of a major source or major modification subject to this rule must 

obtain offset credits from the same source or from other sources in the same nonattainment area, except that the 

Control Officer may allow the applicant to obtain offset credits from another nonattainment area if the provisions 

contained in 40 CFR Part 51 Appendix S (IV)(D) as incorporated by reference in Appendix G of these rules are 

satisfied.

d. The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset 

under this Section shall be determined by summing the difference between the allowable emissions after the 

modification and the actual emissions before the modification for each emissions unit.

e. Interpollutant offsetting:

(1) For the purposes of satisfying the offset requirements the Control Officer may approve interpollutant emission offsets for precursor pollutants on a case by case basis, except for PM10, which is subject to Section 

304.5(e)(2), and PM2.5, which is subject to Section 304.5(e)(5). In such cases, the Control Officer shall 

impose, based on an air quality analysis, emission offset ratios in addition to the requirements of Sections 

304.3 and 304.6. Interpollutant emission offsets used at a major stationary source must receive written 

approval by the Administrator.

(2) Interpollutant offsets between PM10 and PM10 precursors are not allowed.

(3) PM10 emissions shall not be allowed to offset Nitrogen Oxides or Volatile Organic Compound (VOC) emissions in ozone nonattainment areas.

(4) In no case shall the compounds excluded from the definition of VOC be used as offsets for VOC.

(5) Interpollutant offsets between PM2.5 and PM2.5 precursors are not allowed unless modeling has been used to 

demonstrate appropriate PM2.5 interpollutant offset ratios as approved in a PM2.5 Attainment Plan.

304.6 Offset ratios for ozone nonattainment areas: In meeting the emissions offset requirements of Section 304.3 for 

ozone nonattainment areas, the offset ratio of total actual emissions reductions of VOC or nitrogen oxides to the emissions increase of VOC or nitrogen oxides shall be as follows:
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a. In any marginal nonattainment area for ozone − at least 1.1 to 1;

b. In any moderate nonattainment area for ozone – at least 1.15 to 1;

c. In any serious, severe, or extreme nonattainment area for ozone the applicable ratio as provided in 40 CFR 

51.165(a)(9)(ii)(C) through (E) and 40 CFR 51.165(a)(9)(iii) as incorporated b reference in Appendix G of these 

rules.

304.7 Source Obligations:

a. The issuance of a permit or permit revision under this rule in accordance with this section shall not relieve the 

owner and/or operator of the responsibility to comply fully with applicable provisions of the State 

Implementation Plan (SIP) and any other requirements under local, State, or Federal law.

b. At such time that a particular source or modification becomes a major source or major modification solely by 

virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of 

the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the 

requirements of this rule shall apply to the source or modification as though construction had not yet commenced 

on the source or modification.

c. Any owner and/or operator who constructs or operates a source or modification not in accordance with the 

application submitted pursuant to this rule, any changes to the application as required by the Control Officer, or 

with the terms of its permit, shall be subject to enforcement action.

304.8 Non-Major Modifications that Result in Reasonable Possibility of Significant Emissions Increase: The provisions of this section shall apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source, other than at a source with a PAL, in circumstances where there is a 

reasonable possibility, within the meaning of 40 CFR 51.165(a)(6)(vi), that a project that is not part of a major modification that may result in a signifant emissions increase of such pollutant and the owner and/or operator elects to use 

the method specified in the definition of projected actual emissions in 40 CFR 51.165(a)(1)(xxviii)(B)(1)through(3) 

for calculating projected actual emissions. The owner and/or operator shall meet the following requirements:

a. Comply with the procedures in 40 CFR 51.165(a)(6)(i) through (vi) as incorporated by reference in Appendix G 

of these rules.

b. Make the information required to be documented and maintained pursuant to this section available for review 

upon a request for inspection by the Control Officer or the general public pursuant to the requirements contained 

in 40 CFR 70.4(b)(3)(viii) as incorporated by reference in Appendix G of these rules.

304.9 Plantwide Applicability Limits (PAL) Permit:

a. Any major stationary source with a PAL permit for a regulated NSR pollutant, shall comply with provisions contained in 40 CFR 51.165(f)(1) through (15) as incorporated by reference in Appendix G of these rules .

b. The Control Officer may issue a PAL permit for any existing major stationary source if the PAL permit meets the 

requirments in 40 CFR 52.21(aa) as incorporated by reference in Appendix G of these rules.

c. The term “PAL” shall mean “actuals PAL” throughout Section 304.9.

d. The following terms as used in 40 CFR 52.21 (aa) shall be replaced as follows:

(1)“The term “Administrator” shall be replaced by the term “Control Officer”

(2)“The term “PSD” shall be replaced by the term “NSR”

(3)“The term “BACT” shall be replaced by the term “LAER”

(4)“The term “Plan” shall be replaced by the term “SIP”

304.10 Additional Requirements: Except as provided in Section 304.12 through Section 304.15 of this rule, the Control 

Officer shall not issue any permit or permit revision under this rule to an applicant proposing to construct a new major 

source or proposing to make a major modification for the pollutant for which the area is designated nonattainment 

unless:

a. The Control Officer has determined that the new major source or the major modification will meet an emission 

limitation which is the lowest achievable emission rate (LAER) for that source for that regulated NSR pollutant.

b. The Control Officer has determined that all existing major sources owned or operated by the applicant (or any 
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1422 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

entity controlling, controlled by, or under common control with such person) in the State are in compliance with, 

or are on a schedule of compliance for, all conditions contained in permits for each of the sources and all other 

applicable emission limitations and standards under the Act and in this rule.

c. The Control Officer has determined that emission reductions for the specific pollutant(s) from of the new major 

source or major modification meet the offset requirements of Section 304.3 through 304.6 of this rule.

d. The Administrator has not determined that the applicable implementation plan is not being adequately 

implemented for the nonattainment area.

304.11 No permit or permit revision under this rule shall be issued for a new major source or major modification to a major 

source located in a nonattainment area unless:

a. The applicant performs an analysis of alternative sites, sizes, production processes and environmental control 

techniques for such new major source or major modification; and

b. The Control Officer determines that the analysis demonstrates that the benefits of the new major source or major 

modification significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.

304.12 Secondary emissions shall not be considered in determining the potential to emit of a new source or modification and 

therefore whether the new source or modification is major. However, if a new source or modification is subject to this 

rule on the basis of its direct emissions, a permit or a permit revision, under this rule to construct the new source or 

modification, shall be denied, unless the requirements in Sections 304.10(a) and (b) of this rule are met, for reasonably 

quantifiable secondary emissions caused by the new source or modification.

304.13 A permit to construct a new major source or major modification shall be denied, unless the conditions specified in 

Sections 304.10(a), 304.10(b), and 304.10(c) of this rule are met for fugitive emissions caused by the new source or 

modification. However, these conditions shall not apply to a new major source or major modification that would be a 

major source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating 

the potential emissions of the source or modification, and the source does not belong to a source category listed in 40 

CFR 51.165(a)(1)(iv)(c)(1)through(27).

304.14 The requirements of Section 304.10(c) of this rule shall not apply to temporary emissions units, such as pilot plants 

portable facilities that will be relocated outside of the nonattainment area, and the construction phase of a new source, 

if those units will operate for no more than 12 months in the nonattainment area, are otherwise in compliance with the 

requirement to obtain a permit under this rule, and are in compliance with the conditions of that permit.

304.15 A decrease in actual emissions shall be considered in determining the net emission increase of a new source or 

modification only to the extent that the Control Officer has not relied on it in issuing any permit or permit revision 

under these rules (including the issuance of any ERC (Emission Reduction Certificate), or the State has not relied on it 

in demonstrating attainment or reasonable further progress (RFP).

304.16 Ambient Air Quality Standards Impact Analysis: The Control Officer may require the use of an air quality model to 

estimate the effects of a new or modified stationary source. The analysis shall estimate the effects of the new or 

modified stationary source, and verify that the new or modified stationary source will not prevent or interfere with the 

attainment or maintenance of any ambient air quality standard. In making this determination the Control Officer shall 

take into account the mitigation of emissions through offsets pursuant to this rule and the impacts of transported 

pollutants on downwind pollutant concentrations. The Control Officer may impose, based on an air quality analysis, 

offset ratios greater than the requirements of Sections 304.3 and 304.6.

304.17 All estimates of ambient concentrations required pursuant to this rule shall be based on the applicable air quality models, data bases, and other requirements specified in 40 CFR 51, Appendix W (Guideline on Air Quality Models) as 

incorporated by in Appendix G of these rules and consistent with the provisions in Rule 200 (Permit Requirements), 

Section 407 of these rules.

304.18 The applicant of a proposed new major source or major modification that may affect visibility of a Class I area shall 

provide the Control Officer with an analysis of impairment to visibility that would occur as a result of the source or 

modification as required by 40 CFR 51.307(b)(2) as incorporated by reference in Appendix G of these rules and in 

accordance with 40 CFR 51.166(o) as incorporated by reference in Appendix G of these rules.

305 PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES OR MAJOR MODIFICATIONS LOCATED IN

ATTAINMENT OR UNCLASSIFIABLE AREAS: The provisions of this section apply to new major stationary sources and
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County Notices According to A.R.S. § 49-112

major modifications to existing major stationary sources located in areas designated as attainment or in areas that are

unclassifiable for any criteria air pollutant. The intent of Section 305 of this rule is to incorporate the federal prevention of

significant deterioration (PSD) rule requirements into Maricopa County Air Pollution Control Regulations by incorporating the

federal requirements by reference.

305.1 Incorporation by Reference. The following provisions are incorporated by reference in Appendix G of these rules:.

a. 40 CFR 51.100: Definitions.

b. 40 CFR 51.166(p): Sources impacting Federal Class I areas–additional requirements.

c. The following definitions contained in 40 CFR 51.301: “Natural conditions”; and “Visibility impairment”. 

d. 40 CFR 52.21: Prevention of significant deterioration of air quality, except:

(1) The following paragraphs of 40 CFR 52.21 are excluded: (a)(1), (b)(55-58), (f), (g), (i), (p)(6-8), (q), (s), (t), 

(u), (w), (x), (y), (z), and (cc).

(2) The following incorporated provisions of 40 CFR 52.21 are revised as follows:

(a) The term “administrator” shall read as follows:

(i) “EPA administrator” in 40 CFR 52.21(b)(17), (b)(37)(i), (b)(43), (b)(48)(ii)(c), (b)(50)(i), (b)(51), 

(j)(2) and (p)(2); and

(ii) “Control Officer” elsewhere, as defined in Rule 100. 

(b) The phrase “paragraph (q) of this section” in 40 CFR 52.21(1)(2) and (p)(1) shall be revised to read as 

follows: the public participation provisions of Rule 210 of these rules.

(3) The definition of the term “Subject to regulation” as defined in 40 CFR 52.21(b)(49) shall be revised to read 

as follows: “Subject to regulation means, for any air pollutant, that the pollutant is subject to either a 

provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator in 

subchapter C of this chapter, that requires actual control of the quantity of emissions of that pollutant, and 

that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of 

emissions of that pollutant released from the regulated activity.”

305.2 Additional Requirements: No permit or permit revision under this rule shall be issued to a applicant proposing to 

construct a new major source or proposing to make a major modification to a major source that would be constructed 

in an area designated as attainment or unclassifiable for any regulated NSR pollutant, unless the source or 

modification meets the provisions of 40 CFR 52.21 as incorporated by reference in Appendix G of these rules and the 

following conditions:

a. In addition to the air impact analysis and monitoring requirements under 40 CFR 52.21(k) and (m), the applicant 

for the permit or permit revision under this rule shall also demonstrate that allowable emissions increases from 

the proposed major source or major modification, in conjunction with all other applicable emission increases or 

reductions, including secondary emissions would not cause nor contribute to an increase in ambient 

concentrations for a pollutant in which primary or secondary NAAQS for that pollutant are being violated.

b.A new major source or a major modification to a major source shall be presumed to contribute to violations of the 

NAAQS when such source or modification would, at a minimum, exceed the significance levels in 40 CFR 

51.165(a)(11)(b)(2) as incorporated by reference in Appendix G of these rules at any locality that does not or 

would not meet the applicable NAAQS.

c.A new major source or major modification to a major source subject to Section 305.2(b) may reduce the impact of its 

emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its 

adverse ambient impact where the major source or major modification would otherwise cause or contribute to a 

violation of any NAAQS. In the absence of such emission reductions, the Control Officer shall deny the 

proposed permit or permit revision.

d.The presumption provision in Section 305.2(b) of this rule may be rebutted for a new major source or major 

modification if it can be satisfactorily demonstrated to the Control Officer that emissions with respect to a 

particular pollutant from the new major source or major modification will not contribute to violations of the 

NAAQS in designated as nonattainment areas under section 107 of the Clean Air Act.

e.The demonstration required by Section 305.2(d) of this rule shall include a showing that topographical, 
County Notices According to A.R.S. § 49-112

1424 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

meteorological or other physical factors in the vicinity of the new major source or major modification are such 

that transport of VOCs emitted from the source are not expected to contribute to violations of the ozone standards 

in the adjacent nonattainment areas.

306 STACK HEIGHT AND DISPERSION TECHNIQUES: Criteria for good engineering practice for stack heights and 

dispersion techniques is established as follows:

306.1 Incorporation by Reference: Except as provided below, the definitions contained in 40 CFR 51.100 (gg) “A stack in 

existence”, (hh) “Dispersion technique”, (ii) “Good engineering practice (GEP)”, (jj) “Nearby” , and (kk) “Excessive 

concentration” are incorporated by reference in Appendix G of these rules.

a. The term “authority administering the State implementation plan” shall be replaced with “Control Officer”.

b. The term “EPA, State or local control agency” shall be replaced with “Control Officer”.

c. The term “reviewing agency” shall be replaced with “Control Officer”.

306.2 The degree of emission limitation required of any source for control of any pollutant shall not be affected by so much 

of any source's stack height that exceeds good engineering practice as determined in accordance with 40 CFR 51.100 

(ii) as incorporated by reference in Appendix G of these rules or by any other dispersion technique as defined in 40 

CFR 51.100 (hh) as incorporated by reference in Appendix G of these rules, except as provided in Section 306.3.

306.3 The provisions of Section 306 shall not apply to:

a.a stack in existence, or dispersion techniques implemented on or before December 31, 1970, except where pollutants 

are being emitted from such stacks or using such dispersion techniques by sources, as defined in Section 

111(a)(3) of the Clean Air Act, which were constructed, or reconstructed, or for which major modifications, as 

defined in this rule, were carried out after December 31, 1970; or

b. Coal fired steam electric generating units, subject to the provisions of Section 118 of the Clean Air Act which 

commenced operation before July 1, 1957, and whose stacks constructed under a construction contract awarded 

before February 8, 1974.

306.4 Before the Control Officer issues a permit or permit revision under this rule to a source based on a good engineering 

practice (GEP) stack height that exceeds the height allowed by 40 CFR 51.100(ii) as incorporated by reference in 

Appendix G of these rules, the Control Officer shall notify the public of the availability of the demonstration study and 

provide opportunity for a public hearing in accordance with the requirements of Rule 210-Title V Permit Provisions of 

these rules.

306.5 Any field study or fluid model used to demonstrate GEP stack height under Section 306.2 and any determination of 

“excessive concentration” as defined in 40 CFR 51.100 (kk) must be approved by the EPA and the Control Officer 

prior to any emission limit being established.

306.6 The provisions of Section 306 do not restrict, in any manner, the actual stack height of any stationary source or 

facility.

SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)

REGULATION II - PERMITS AND FEES

RULE 241

PERMITS FOR NEW SOURCES AND MODIFICATIONS TOEXISTING SOURCES

MINOR NEW SOURCE REVIEW (NSR)

INDEX

SECTION 100 – GENERAL

101 PURPOSE
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County Notices According to A.R.S. § 49-112

102 APPLICABILITY

103 EXEMPTION

SECTION 200 - DEFINITIONS (NOT INCLUDED) (NOT APPLICABLE)

SECTION 300 - STANDARDS

301 PERMIT OR PERMIT REVISION REQUIRED

302 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) OR REASONABLY AVAILABLE CONTROL 

TECHNOLOGY (RACT) REQUIRED

303 REVIEW OF NAAQS COMPLIANCE

301 304BEST AVAILABLE CONTROL TECHNOLOGY (BACT) BACT REQUIRED

302 305REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) RACT REQUIRED

306 BACT DETERMINATIONS

307 RACT DETERMINATIONS

308 NAAQS COMPLIANCE ASSESSMENT

309 APPLICATION DENIAL

310 APPLICATION PROCESSED AS MINOR PERMIT REVISION

311 APPLICATION PROCESSED AS SIGNIFICANT OR NON-MINOR PERMIT REVISION

312 MODELING REQUIRED

313 PERMIT CONDITIONS SPECIFIED PURSUANT TO THIS RULE

303 314 CIRCUMVENTION

SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT INCLUDED) (NOT APPLICABLE)

SECTION 500 - MONITORING AND RECORDS (NOT INCLUDED) (NOT APPLICABLE)

Adopted 11/15/93

Revised 06/19/96

Adopted 11/15/1993; Revised 06/19/1996; Revised xx/xx/xxxx

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION II PERMITS AND FEES

RULE 241

PERMITS FOR NEW SOURCES AND MODIFICATIONS TO

EXISTING SOURCES

MINOR NEW SOURCE REVIEW (NSR)

SECTION 100 GENERAL
County Notices According to A.R.S. § 49-112

1426 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

101 PURPOSE: To provide control technology requirements for a procedure for the review of new sources and modifications to 

existing sources of air pollution requiring permits or permit revisions for the protection of the national ambient air quality 

standards (NAAQS).

102 APPLICABILITY: The provisions of this rule shall not apply to new major sources and major modifications to existing major 

sources subject to the requirements of Rule 240 of these rules. The provisions of this rule shall apply to:

102.1 The construction of any new Title V or Non-Title V source, except as provided in Section 103 of this rule.

102.2 Any minor NSR modification to a Title V or Non-Title V source, except as provided in Section 103 of this rule.

102.3 A regulated minor NSR pollutant emitted by a new stationary source, if the source will have the potential to emit that 

pollutant at an amount equal to or greater than the permitting threshold.

102.4 An increase in emissions of a regulated minor NSR pollutant from a minor NSR modification, if the modification 

would increase the source’s potential to emit that pollutant by an amount equal to or greater than the minor NSR modification threshold.

103 EXEMPTION: The provisions of this rule shall not apply to the emissions of a pollutant from any of the activities identified in 

Section 102 of this rule, if the emissions of that pollutant are subject to major source requirements under Rule 240 (Federal 

Major New Source Review (NSR)) of these rules.

SECTION 200 – DEFINITIONS (NOT APPLICABLE) See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule.

SECTION 300 - STANDARDS:

301 PERMIT OR PERMIT REVISION REQUIRED: An owner and/or operator of a source shall not begin actual construction:

301.1 Of a new stationary source, subject to this rule, without first obtaining a permit, a permit revision, a proposed final 

permit, or a proposed final permit revision from the Control Officer in accordance with Rule 210 or Rule 220 of these 

rules.

301.2 Of a minor NSR modification, subject to this rule, without first obtaining a permit, a permit revision, a proposed final 

permit, or a proposed final permit revision from the Control Officer in accordance with Rule 210 or Rule 220 of these 

rules.

302 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) OR REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) REQUIRED: The Control Officer shall not issue a proposed final Title V permit or permit revision or a NonTitle V permit or permit revision subject to this rule to an owner and/or operator of a source proposing to construct a new source 

or make a minor NSR modification unless such owner and/or operator implements BACT or RACT, as required by Sections 304 

or 305 of this rule.

303 REVIEW OF NAAQS COMPLIANCE: Notwithstanding the implementation of RACT or BACT under this rule, the Control 

Officer will determine according to Section 308 of this rule that an applicant for a permit subject to this rule will not interfere 

with attainment or maintenance of a national ambient air quality standard. In making the determination under this section of this 

rule, the Control Officer shall take into consideration minor NSR thresholds.

301304 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) BACT REQUIRED: An applicant for a permit or permit revision 

subject to Rules 210, 220, or 230 of these rules shall apply implement BACT for each pollutant emitted which exceeds any of 

the threshold limits set forth in any one of the following criteria:

301.1 304.1 Any new stationary source which emits more than 150 lbs/day or 25 tons/yr of volatile organic compounds, nitrogen 

oxides, sulfur dioxide, or particulate matter; more than 85 lbs/day or 15 tons/yr of PM10; or more than 550 lbs/day or 

100 tons/yr of carbon monoxide; more than 10 tons/yr of PM2.5; or more than 0.3 tons/yr of lead.

301.2 304.2 Any modified stationary source if the modification causes an increase in emissions on any single day of more than 150 

lbs/day or 25 tons/yr of volatile organic compounds, nitrogen oxides, sulfur dioxide or particulate matter; more than 
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County Notices According to A.R.S. § 49-112

85 lbs/day or 15 tons/yr of PM10; or more than 550 lbs/day or 100 tons/yr of carbon monoxide; more than 10 tons/yr 

of PM2.5; or more than 0.3 tons/yr of lead. BACT is only required for the sources or group of sources being modified.

302305REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) RACT REQUIRED: An applicant for a permit or permit 

revision for a new or modified stationary source which emits or causes an increase in emissions of up to 150 lbs/day or 25 tons/

yr of volatile organic compounds, nitrogen oxides, sulfur dioxide, or particulate matter; up to 85 lbs/day or 15 tons/yr of PM10; 

or up to 550 lbs/day or 100 tons/yr of carbon monoxide; up to 10 tons/yr of PM2.5; or up to 0.3 tons/yr of lead shall apply

implement RACT for each pollutant emitted from said new or modified stationary source.

306 BACT DETERMINATIONS:

306.1 An applicant for a permit or permit revision for a new or modified stationary source shall present an emissions 

analysis to determine whether the future emissions increase will trigger BACT requirements.

306.2 The applicant shall conduct a BACT analysis for each pollutant which exceeds the BACT threshold. The applicant 

may conduct a case-by-case analysis.

306.3 The applicant may accept legally and practically enforceable limits on the operation of their source in order to restrict 

emissions to below the BACT thresholds and avoid imposition of BACT in accordance with Rule 220, Section 304 of 

these rules. At such time as the applicability of any requirement of this rule would be triggered by an existing source 

solely by virtue of a relaxation of any enforceable limitation on the capacity of the source to emit a pollutant, then the 

requirements of this rule will apply to the source in the same way as they would apply to a new or modified source 

otherwise subject to this rule.

306.4 The selection of BACT shall address the control of each emission point for the subject pollutant at a facility or the 

affected area in the case of a modification.

307 RACT DETERMINATIONS: The Control Officer shall determine RACT, as appropriate, for each emission unit subject to the 

RACT requirements under Section 305 of this rule. RACT shall be determined as follows:

307.1 For any facilities subject to a source-specific rule under Regulation III-Control Of Air Contaminants of these rules, 

RACT is the emissions limitation of the existing source performance standard.

307.2 For any facilities not subject to a source-specific rule under Regulation III-Control Of Air Contaminants of these rules, 

RACT is the lowest emission limitation that a particular source is capable of achieving by the application of control 

technology that is reasonably available considering technological and economic feasibility and shall be determined by 

one of the following:

a. Technology that may previously have been applied to a similar, but not necessarily identical, source category. 

RACT for a particular facility is determined on a case-by-case basis, considering the technological feasibility and 

cost-effectiveness of the application of the control technology to the source category.

b. A control technique guideline issued by the Administrator under section 108(f)(1) of the Act.

c. An emissions standard established or revised by the Administrator for the same type of source under section 111 

or 112 of the Act after November 15, 1990.

308 NAAQS COMPLIANCE ASSESSMENT: An ambient air quality assessment must demonstrate that emissions from the 

source or minor NSR modification will not interfere with attainment or maintenance of a standard imposed in the national ambient air quality standards.

308.1 An owner and/or operator of a source may elect to have the Control Officer perform a screen model of its emissions. If 

the results of the screen model indicate that the source or minor NSR modification will interfere with attainment or 

maintenance of a standard imposed in the national ambient air quality standards, the owner and/or operator may perform a more refined model to make the demonstration required by this rule.

308.2 The requirements of this rule shall be satisfied, if the results of the screen or more refined modeling conducted pursuant to Section 308.1 of this rule demonstrate either of the following:

a. Ambient concentrations resulting from emissions from the source or modification combined with existing 

concentrations of regulated minor NSR pollutants will not cause or exacerbate the violation of a standard 

imposed in nationl ambient air quality standards.
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1428 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

b. Emissions from the source or minor modification will have an ambient impact below the significance levels as 

defined in Rule 240 of these rules.

308.3 The assessment required by this rule shall take into account any limitations, controls, or emissions decreases that are 

or will be enforceable in the permit or permit revision for the source.

309 APPLICATION DENIAL: The Control Officer shall deny an application for a Title V permit or permit revision or a Non-Title 

V permit or permit revision subject to this rule, if an assessment conducted pursuant to Section 308 of this rule demonstrates that 

the source or permit revision will interfere with attainment or maintenance of a standard imposed in the national ambient air 

quality standards.

310 APPLICATION PROCESSED AS MINOR PERMIT REVISION: An application for a permit or permit revision subject to 

this rule may be processed as a minor permit revision if all of the following conditions are satisfied for each pollutant subject to 

Section 305 of this rule:

310.1 The emissions for each pollutant are below the public notice threshold as defined in Rule 100 of these rules.

310.2 The result of the screen model for a regulated minor NSR pollutant show expected concentrations, including background concentrations, that are less than 75% of the applicable standard imposed in the national ambient air quality 

standards.

310.3 The permit or permit revision meets the criteria of minor permit revision in Rules 210 or 220 of these rules.

311 APPLICATION PROCESSED AS SIGNIFICANT OR NON-MINOR PERMIT REVISION: A copy of the notice 

required by Rule 210, Section 408 for permits or significant permit revisions or Rule 220, Section 407 of these rules for permits 

or non-minor permit revisions subject to this rule must also be sent to the Administrator through the appropriate regional office. 

The notice also must be sent to any other agency in the region having responsibility for implementing the procedures required 

under this rule.

312 MODELING REQUIRED: All modeling required pursuant to this rule shall be conducted in accordance with 40 CFR 51, 

Appendix W.

313 PERMIT CONDITIONS SPECIFIED PURSUANT TO THIS RULE: The Control Officer shall specify those conditions in 

the permit that are implemented pursuant to this rule. The specified conditions shall be included in subsequent permit renewals

unless modified pursuant to this rule or Rule 240 of these rules.

303314 CIRCUMVENTION: The submission of applications for permits or permit revisions for new or modified sources in phases so 

as to circumvent the requirements of this section is prohibited. The burden of proof to show that an application for a permit or 

permit revision is not being submitted as a phase of a larger project shall be upon the applicant. A person shall not build, erect, 

install, or use any article, machine, equipment, condition, or any contrivance, the use of which, without resulting in a reduction 

in the total release of air contaminants to the atmosphere, conceals or dilutes an emission which would otherwise constitute a 

violation of this section. A person shall not circumvent this section to dilute air contaminants by using more emission openings 

than is considered normal practice by the industry or by the activity in question.

SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)

REGULATION V AIR QUALITY STANDARDS AND AREA CLASSIFICATION

RULE 500

ATTAINMENT AREA CLASSIFICATION

INDEX

SECTION 100 - GENERAL

101PURPOSE
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County Notices According to A.R.S. § 49-112

SECTION 200 - DEFINITIONS (NOT APPLICABLE)

SEE RULE 100 (GENERAL PROVISIONS AND DEFINITIONS) OF THESE RULES FOR DEFINITIONS OF TERMS 

THAT ARE USED BUT NOT SPECIFICALLY DEFINED IN THIS RULE

SECTION 300 - STANDARDS

301CLASSIFICATION AND REDESIGNATION OF ATTAINMENT AREAS

302LIMITATION OF POLLUTANTS IN CLASSIFIED ATTAINMENT AREAS

SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)

Revised 07/13/88

Repealed and Adopted 11/15/93

Revised 07/26/00

Revised 07/13/1988; Repealed and Adopted 11/15/1993; Revised 07/26/2000; Revised xx/xx/xxxx

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION V AIR QUALITY STANDARDS AND AREA CLASSIFICATION

RULE 500

ATTAINMENT AREA CLASSIFICATION

SECTION 100 GENERAL

101 PURPOSE: To set forth the criteria used to classify attainment areas and pollution standards for attainment areas.

SECTION 200 - DEFINITIONS (NOT APPLICABLE)

See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule.

SECTION 300 STANDARDS

301 CLASSIFICATION AND REDESIGNATION OF ATTAINMENT AREAS: All attainment and unclassified areas or parts 

thereof shall be classified as either Class I, Class II or Class III.

301.1 Class I Areas: All of the following areas which were in existence on August 7, 1977, including any boundary 

changes to those areas which occurred subsequent to the date of enactment of the Clean Air Act Amendments of 1977 

and before March 12, 1993, shall be Class I areas irrespective of attainment status and shall not be redesignated:

a. International parks;

b. National wilderness areas which exceed 5,000 acres in size;

c. National parks which exceed 6,000 acres in size;

d. National memorial parks which exceed 5,000 acres in size;

301.2 Class I or Class II Areas: 

a. The following areas shall be designated only as Class I or Class II:

(1) An area, which, as of August 7, 1977, exceeds 10,000 acres in size and is a national monument, a national 

primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national 

wildlife refuge, or a national lakeshore or seashore.
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1430 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

(2) A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in 

size.

b. All other areas, other than those areas described in subsection Section 301.2(a) of this rule, shall be Class II areas, 

unless redesignated under subsection Section 301.3 of this rule or subsection Section 301.4 of this rule.

301.3 Redesignation As Class I Area Or Class II Area: The Control Officer may request the Governor or the Governor's 

designee to redesignate areas of the state as Class I or Class II, provided that the following requirements are fulfilled:

a. At least 1 public hearing is held in or near the area affected.

b. Other states, Indian governing bodies, and Federal Land Managers whose land may be affected by the proposed 

redesignation are notified at least 30 days prior to the public hearing.

c. A discussion document of the reasons for the proposed redesignation, including a description and analysis of 

health, environmental, economic, social, and energy effects of the proposed redesignation, is prepared by the 

Governor or the Governor's designee. The discussion document shall be made available for public inspection at 

least 30 days prior to the hearing and the notice announcing the hearing shall contain appropriate notification of 

the availability of such discussion document.

d. Prior to the issuance of notice respecting the redesignation of an area which includes any Federal lands, the 

Governor or the Governor's designee has provided written notice to the appropriate Federal Land Manager and 

afforded the Federal Land Manager adequate opportunity, not in excess of 60 days, to confer with the state 

respecting the redesignation and to submit written comments and recommendations. The Governor or the 

Governor's designee shall publish a list of any inconsistency between such redesignation and such 

recommendations, together with the reasons for making such redesignation against the recommendation of the 

Federal Land Manager, if any Federal Land Manager has submitted written comments and recommendations.

e. The redesignation is proposed after consultation with the elected leadership of local governments in the area 

covered by the proposed redesignation.

f. The redesignation is submitted to the Administrator of the Environmental Protection Agency (EPA) as a revision 

to the State Implementation Plan (SIP).

g. A redesignation shall not be effective until approved by the Administrator of EPA as part of an applicable 

implementation plan.

h. Lands within the exterior boundaries of Indian reservations may be redesignated only by the appropriate Indian 

governing body.

301.4 Redesignation As Class III Area: The Control Officer may request the Governor or the Governor's designee to 

redesignate areas of the state as Class III, if all of the following criteria are met:

a. Such redesignation meets the requirements of subsection Section 301.3 of this rule.

b. Such redesignation has been approved after consultation with the appropriate committee of the legislature if it is 

in session or with the leadership of the legislature if it is not in session.

c. The general purpose units of local government representing a majority of the residents of the area to be 

redesignated concur in the redesignation.

d. Such redesignation shall not cause, or contribute to, concentration of any air pollutant which exceeds any 

maximum allowable increase or maximum allowable concentration permitted under the classification of any area.

e. For any new major source, as defined in Rule 240, Section 210 of these rules, or for a major modification of such 

source which may be permitted to be constructed and operated only if the area in question is redesignated as 

Class III, any permit application or related materials shall be made available for public inspection prior to a 

public hearing.

f. The redesignation is submitted to the Administrator of EPA as a revision to the SIP.

g. A redesignation shall not be effective until approved by the Administrator of EPA as part of an applicable 

implementation plan.

h. Lands within the exterior boundaries of Indian reservations may be redesignated only by the appropriate Indian 

governing body.
July 31, 2015 | Published by the Arizona Secretary of State | Vol. 21, Issue 31 1431

County Notices According to A.R.S. § 49-112

302 LIMITATION OF POLLUTANTS IN CLASSIFIED ATTAINMENT AREAS:

302.1 Areas designated in as Class I, II or III shall be limited to the following increases in air pollutant concentrations 

occurring over the baseline concentration, provided that for any period other than an annual period, the applicable 

maximum allowable increase may be exceeded once per year at any one location:

POLLUTION INCREASE LIMITS IN ATTAINMENT AREAS

302.2 The baseline concentration shall be that ambient concentration level which exists in the baseline area at the time of the 

Maximum Allowable Increase 

(micrograms per cubic meter)

CLASS I

Particulate Matter-PM2.5:

Annual arithmetic mean 1

24-hr maximum 2

Particulate matter-PM10:

Annual arithmetic mean 4

24 hour maximum 8

Sulfur dioxide:

Annual arithmetic mean 2

24 hour maximum 5

3 hour maximum 25

Nitrogen dioxide:

Annual arithmetic mean 2.5

CLASS II

Maximum Allowable Increase 

(micrograms per cubic meter)

Particulate matter-PM2.5:

Annual arithmetic mean 4

24-hr maximum 9

Particulate matter-PM10:

Annual arithmetic mean 17

24 hour maximum 30

Sulfur dioxide:

Annual arithmetic mean 20

24 hour maximum 91

3 hour maximum 512

Nitrogen dioxide:

Annual arithmetic mean 25

CLASS III

Maximum Allowable Increase 

(micrograms per cubic meter)

Particulate matter-PM2.5:

Annual arithmetic mean 8

24-hr maximum 18

Particulate matter-PM10:

Annual arithmetic mean 34

24 hour maximum 60

Sulfur dioxide:

Annual arithmetic mean 40

24 hour maximum 182

3 hour maximum 700

Nitrogen dioxide:

Annual arithmetic mean 50
County Notices According to A.R.S. § 49-112

1432 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

applicable minor source baseline date.

a. The major source baseline date is:

(1) January 6, 1975, for sulfur dioxide and particulate matter PM10 ; and .

(2) February 8, 1988, for nitrogen dioxide.

(3) October 20, 2010, for PM2.5.

b. The minor source baseline date shall be the earliest date after August 7, 1977, for sulfur dioxide and particulate 

matter and February 8, 1988, for nitrogen dioxide, that either: the trigger date on which a major source as defined 

in Rule 240 of these rules or major modification subject to 40 CFR 52.21 or Rule 240, Sections 305, 307, and 308 

of these rules submits a complete application under the relevant regulations. The trigger date is:

(1) August 7, 1977, for PM10 and sulfur dioxide.

(2) February 8, 1988, for nitrogen dioxide.

(3) October 20, 2011, for PM2.5.

(1) A major source, as defined in Rule 240, Section 210 of these rules, or a major modification submits a 

complete permit application to the Administrator of EPA under 40 CFR 52.21; or

(2) A major source, as defined in Rule 240, Section 210 of these rules, or a major modification submits a 

complete permit application to the Control Officer under Rules 200, 210, 240, 245, and 270 of these rules.

c. A baseline concentration shall be determined for each pollutant for which there is a minor source baseline date 

and shall include both:

(1) The actual emissions representative of sources in existence on the minor source baseline date, except as 

provided in subsection Section 302.2(d) of this rule; and

(2) The allowable emissions of major sources, as defined in Rule 240, Section 210 of these rules, which 

commenced construction before the major source baseline date, but were not in operation by the applicable 

minor source baseline date.

d. The following shall not be included in the baseline concentration and shall affect the applicable maximum 

allowable increase:

(1) Actual emissions from any major source, as defined in Rule 240, Section 210 of these rules, on which 

construction commenced after the major source baseline date; and

(2) Actual emissions increases and decreases at any stationary source occurring after the minor source baseline 

date.

302.3 The baseline date shall be established for each pollutant for which maximum allowable increases or other equivalent 

measures have been established if both:

a. The area in which the proposed source or modification would construct is designated as attainment or 

unclassifiable under section 107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of its complete 

application under either subsections 302.2(b)(1) or 302.2(b)(2) of this rule 40 CFR 52.21 or Rule 240, Section 

308 of these rules; and

b. In the case of a major source, as defined in Rule 240, Section 210 of these rules, the pollutant would be emitted in 

significant amounts, or in the case of a major modification, there would be a significant net emissions increase of 

the pollutant.

302.4 The baseline area shall be any area, with any intrastate area designated as attainment or unclassifiable under section 

107(d)(1)(A)(ii) or (iii) of the Act, in which the major source, as defined in Rule 240, Section 210 of these rules, or a

major modification establishing the minor source baseline date would construct or would have an air quality impact 

equal to or greater than 1 ug/m3 (annual average) of for the pollutant for which the minor source baseline date is established as follows: greater than or equal to 1 microgram per cubic meter (annual average) for sulfur dioxide, nitrogen 

dioxide or PM10; or greater than or equal to 0.3 microgram per cubic meter (annual average) for PM2.5. Area redesignation under Section 301 of this rule that would redesignate a baseline cannot may not intersect nor be smaller than the 

area of impact of any new major source, as defined in Rule 240, Section 210 of these rules, or a major modification 
July 31, 2015 | Published by the Arizona Secretary of State | Vol. 21, Issue 31 1433

County Notices According to A.R.S. § 49-112

which either:

a. Establishes a minor source baseline date; or

b. Is subject to either 40 CFR 52.21 or Rule 240, Section 308 of these rules and would be constructed in Arizona.

302.5 The maximum allowable concentration of any air pollutant in any area to which subsection Section 302.1 of this rule 

applies shall not exceed a concentration for each pollutant equal to the concentration permitted under the Maricopa 

County Ambient Air Quality Standards contained in Rule 510 of these rules national ambient air quality standards.

302.6 For the purposes of determining compliance with the maximum allowable increases in ambient concentrations of an 

air pollutant, the following concentrations of such pollutant shall not be taken into account:

a. Concentration of such pollutant attributable to the increase in emissions from major and stationary sources which 

have converted from the use of petroleum products, or natural gas, or both, by reason of a natural gas curtailment 

order which is in effect under the provisions of Sections 2(a) and (b) of the Energy Supply and Environmental 

Coordination Act of 1974, 15 U.S.C. 792, over the emissions from such sources before the effective date of such 

order;

b. The concentration of such pollutant attributable to the increase in emissions from major and stationary sources 

which have converted from using gas by reason of a natural gas curtailment plan in effect under the Federal 

Power Act, 16 U.S.C. 792 - 825r, over the emissions from such sources before the effective date of the natural gas 

curtailment plan;

c. Concentrations of particulate matter PM10 attributable to the increase in emissions from construction or other 

temporary activities of a new or altered modified source;

d. The increase in concentrations attributable to new sources outside the United States over the concentrations 

attributable to existing sources which are included in the baseline concentration; and

e. Concentrations attributable to the temporary increase in emissions of sulfur dioxide, nitrogen oxides or 

particulate matter PM10 from major sources, as defined in Rule 240, Section 210 of these rules, when the 

following conditions are met:

(1) The permit issued to such sources specifies the time period during which the temporary emissions increase 

of sulfur dioxide, nitrogen oxides or particulate matter PM10 would occur. Such time period shall not be 

renewable and shall not exceed 2 years unless a longer period is specifically approved by the Control 

Officer.

(2) No emissions increase shall be approved which would either:

(a) Impact any portion of any Class I area or any portion of any other area where an applicable incremental 

ambient standard is known to be violated in that portion; or

(b) Cause or contribute to the violation of a state ambient air quality standard.

(3) The permit issued to such sources specifies that at the end of the time period described in subsection Section

302.6(e)(1) of this rule, the emissions levels from the sources would not exceed the levels occurring before 

the temporary emissions increase was approved.

f. The exception granted with respect to increment consumption under subsections Sections 302.6(a) and 302.6(b) 

of this rule shall not apply more than 5 years after the effective date of the order or natural gas curtailment plan on 

which the exception is based.

302.7 If the Control Officer determines that the SIP is substantially inadequate to prevent significant deterioration, or that an 

applicable maximum allowable increase as specified in subsection Section 302.1 of this rule is being violated, the 

Control Officer shall submit to the Director a proposal to revise the SIP to correct the inadequacy or the violation. The 

SIP shall be revised within 60 days of such a finding by the Director, or within 60 days following notification by the 

Control Officer or the Administrator of EPA, or by such later date as prescribed by the Administrator of EPA after 

consultation with the Director.

302.8 The Control Officer shall review the adequacy of the SIP on a periodic basis and within 60 days of such time as 

information becomes available that an applicable maximum allowable increase is being violated.

SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
County Notices According to A.R.S. § 49-112

1434 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)

REGULATION V AIR QUALITY STANDARDS AND AREA CLASSIFICATION

RULE 510

AIR QUALITY STANDARDS

INDEX

SECTION 100 GENERAL

101 PURPOSE

102 AVAILABILITY OF INFORMATION

SECTION 200 DEFINITIONS

201 PRIMARY AMBIENT AIR QUALITY STANDARDS

202 SECONDARY AMBIENT AIR QUALITY STANDARDS

SECTION 300 STANDARDS

301 PARTICULATE MATTER - 2.5 MICRONS OR LESS (PM2.5)

302 PARTICULATE MATTER 10 MICRONS OR LESS (PM10)

303 SULFUR OXIDES (SULFUR DIOXIDE)

304 OZONE

305 CARBON MONOXIDE

306 NITROGEN DIOXIDE NITROGEN OXIDES (NITROGEN DIOXIDE)

307 LEAD

308 POLLUTANT CONCENTRATION DETERMINATIONS

309 ADDITIONAL REQUIREMENTS

310 INCORPORATIONS BY REFERENCE

SECTION 400 ADMINISTRATIVE REQUIREMENTS

401 REPORTING OF AMBIENT AIR QUALITY MONITORING DATA

SECTION 500 MONITORING AND RECORDS (NOT APPLICABLE)

Revised 07/13/88

Revised 11/01/06

Revised 07/13/1988; Revised 11/01/2006; Revised xx/xx/xxxx
July 31, 2015 | Published by the Arizona Secretary of State | Vol. 21, Issue 31 1435

County Notices According to A.R.S. § 49-112

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION V AIR QUALITY STANDARDS AND AREA CLASSIFICATION

RULE 510

AIR QUALITY STANDARDS

SECTION 100 GENERAL

101 PURPOSE: To establish maximum limiting levels for pollutants existing in the ambient air which are necessary to protect 

human health and public welfare.

102 AVAILABILITY OF INFORMATION: Copies of materials referenced in Sections 310, 401.1, and 401.2 of this rule are 

available at 1001 North N. Central Avenue Ave., Suite 400, Phoenix, AZ, 85004 or call (602) 506-6010.

SECTION 200 - DEFINITIONS: See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used 

but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: For the purpose of this rule, the 

following definitions shall apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of these rules. In 

the event of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this rule take precedence.

201 PRIMARY AMBIENT AIR QUALITY STANDARDS - The ambient air quality standards which define levels of air quality 

necessary, with an adequate margin of safety, to protect the public health, as determined by the Arizona Department of 

Environmental Quality and United States Environmental Protection Agency, and specified in this rule.

202 SECONDARY AMBIENT AIR QUALITY STANDARDS - The ambient air quality standards which define levels of air 

quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant, as determined by the 

Arizona Department of Environmental Quality and United States Environmental Protection Agency, and specified in this rule.

SECTION 300 STANDARDS: The following are established as the primary and secondary ambient air quality standards for Maricopa 

County:

301 PARTICULATE MATTER - 2.5 MICRONS OR LESS (PM2.5):

301.1 Primary and Secondary Ambient Air Quality Standards for PM2.5 Annual Arithmetic Mean Concentration: 

The annual arithmetic mean concentration shall be 15 12 micrograms per cubic meter (μg/m3). The standard shall be 

considered attained when the annual arithmetic mean concentration, as determined in accordance with 40 CFR 50, 

Appendix N, is less than or equal to 15 12 μg/m3

.

301.2 Primary and Secondary Ambient Air Quality Standards for PM2.5 24-hour Average Concentration: The 24-

hour average concentration shall be 65 35 μg/m3. The standard shall be considered attained when the 98th percentile 

24-hour concentration, as determined in accordance with 40 CFR 50, Appendix N, is less than or equal to 65 35 μg/

m3

.

302 PARTICULATE MATTER 10 MICRONS OR LESS (PM10): 

302.1 Primary and Secondary Ambient Air Quality Standards for PM10 Annual Arithmetic Mean Concentration: The annual 

arithmetic mean concentration shall be 50 μg/m3. The standard shall be considered attained when the expected annual 

arithmetic mean concentration, as determined in accordance with 40 CFR 50, Appendix K, is less than or equal to 50 

μg/m3.

302.2 Primary and Secondary Ambient Air Quality Standards Standard for PM10 24-hour Average Concentration: 

The 24-hour average concentration shall be 150 μg/m3. This concentration shall not be exceeded more than once per 

calendar year at any one location. The standard shall be considered attained when the expected number of days per 

calendar year with a 24-hour average concentration above 150 μg/m3, as determined in accordance with 40 CFR 50, 
County Notices According to A.R.S. § 49-112

1436 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

Appendix K, is less than or equal to 1 one.

303 SULFUR OXIDES (SULFUR DIOXIDE):

303.1 Primary Ambient Air Quality Standards for Sulfur Oxides (Measured as Sulfur Dioxide):

a. Annual Arithmetic Mean Concentration: The annual arithmetic mean concentration shall be 0.030 parts per 

million (ppm) (80 μg/m3) (80 g/m3). This concentration shall not be exceeded more than once in a calendar year. 

The annual arithmetic mean shall be rounded to three decimal places (fractional parts equal to or greater than 

0.0005 ppm shall be rounded up).

b. 24-hour Concentration: The maximum 24-hour concentration shall be 0.14 ppm (365 μg/m3) (365 g/m3

). This 

concentration shall not be exceeded more than once per calendar year at any one location. The 24-hour averages 

shall be determined from successive nonoverlapping 24-hour blocks starting at midnight each calendar day and 

shall be rounded to two decimal places (fractional parts equal to or greater than 0.005 ppm shall be rounded up).

c. 1-hour Concentration: The maximum 1-hour concentration shall be 75 parts per billion (ppb) 75 parts per 

billion (ppb). The one-hour primary standard is met at an ambient air quality monitoring site when the three-year 

average of the annual 99th percentile of the daily maximum one-hour average concentrations is less than or equal 

to 75 parts per billion, as determined according to 40 CFR 50, Appendix T.

d. The standards in Sections 303.1(a) and (b) of this rule shall apply:

(1) In an area designated nonattainment for the standard in Sections 303.1(a) and (b) of this rule as of August 

23, 2011, and areas not meeting a state implementation plan call for a standard in Sections 303.1(a) and (b) 

of this rule until the state submits pursuant to section 191 of the Act, and the Administrator approves, a state 

implementation plan providing for attainment of the standard in Section 303.1(c) of this rule in that area.

(2) In areas other than those identified in Section 303.1(d) of this rule, until the effective date of the designation 

of that area, pursuant to section 107 of the Act, for the standard in Section 303.1(c) of this rule.

303.2 Secondary Ambient Air Quality Standard for Sulfur Oxides (Measured as Sulfur Dioxide) 3-Hour 

Concentration: The maximum 3-hour concentration shall be 0.5 ppm (1300 μg/m3

) (1300 g/m3). This concentration 

shall not be exceeded more than once per calendar year at any one location. The 3-hour averages shall be determined 

from successive non-overlapping 3-hour blocks starting at midnight each calendar day and shall be rounded to 1 

decimal place (fractional parts equal to or greater than 0.05 ppm shall be rounded up). 

304 OZONE:

Primary and Secondary Ambient Air Quality Standards for Ozone Eight-hour Average Concentration:

The daily maximum eight-hour average concentration shall be 0.08 ppm 0.075 ppm. The standard shall be considered attained at 

an ambient air quality monitoring site when the three-year average of the annual fourth-highest daily maximum eight-hour 

average ozone concentration, as determined in accordance with 40 CFR 50, Appendix I P, is less than or equal to 0.08 ppm 0.075 

ppm.

305 CARBON MONOXIDE:

305.1 Primary Ambient Air Quality Standards for Carbon Monoxide:

a. One-hour Average Concentration: The maximum one-hour average concentration shall be 35 ppm (40 mg/m3

). 

This concentration shall not be exceeded more than once per year at any one location. 

b. Eight-hour Average Concentration: The maximum eight-hour average concentration shall be 9 ppm (10 mg/

m3). This concentration shall not be exceeded more than once per year at any one location. An eight-hour average 

shall be considered valid if at least 75% of the hourly averages for the eight-hour period are available. In the 

event that only six or seven hourly averages are available, the eight-hour average shall be computed on the basis 

of the hours available using 6 or 7 as the divisor.

305.2 When summarizing data for comparison with the standards, averages shall be stated to one decimal place. Comparison 

of the data with the levels of the standards in ppm shall be made in terms of integers with fractional parts of 0.5 or 

greater rounding up.
July 31, 2015 | Published by the Arizona Secretary of State | Vol. 21, Issue 31 1437

County Notices According to A.R.S. § 49-112

306 NITROGEN DIOXIDE OXIDES (NITROGEN DIOXIDE):

Primary and Secondary Ambient Air Quality Standards for Nitrogen Dioxide Annual Arithmetic Mean Concentration: The 

annual arithmetic mean concentration shall be 0.053 ppm (100 μg/m3). The standard shall be considered attained when the 

annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to three decimal places, with 

fractional parts equal to or greater than 0.0005 ppm rounded up. To demonstrate attainment, an annual mean shall be based upon 

hourly data that is at least 75% complete, or upon data derived from manual methods that is at least 75% complete for the 

scheduled sampling days in each calendar quarter.

306.1 The primary ambient air quality standards for oxides of nitrogen, measured in the ambient air as nitrogen dioxide, are:

a. Annual Concentration: 53 parts per billion. The annual primary standard is met when the annual average 

concentration in a calendar year is less than or equal to 53 ppb, as determined in accordance with 40 CFR, 

Appendix S for the annual standard.

b. One Hour Concentration: 100 parts per billion. The one-hour primary standard is met when the three-year 

average of the annual 98th percentile of the daily maximum one-hour average concentration is less than or equal 

to 100 parts per billion, as determined in accordance with 40 CFR 50, Appendix S.

306.2 306.2 The secondary ambient air quality standard for oxides of nitrogen is 0.053 parts per million (100 micrograms per 

cubic meter) – annual arithmetic mean.

a. The standard shall be considered attained when the annual arithmetic mean concentration in a calendar year is 

less than or equal to 0.053 ppm, rounded to three decimal places, with fractional parts equal to or greater than 

0.0005 ppm rounded up.

b. To demonstrate attainment, an annual mean shall be based upon hourly data that is at least 75% complete, or 

upon data derived from the manual methods, that is at least 75% complete for the scheduled sampling days in 

each calendar quarter.

307 LEAD:

Primary and Secondary Ambient Air Quality Standards for Lead Quarterly Maximum Arithmetic Mean Concentration: The 

maximum arithmetic mean concentration for lead and its compounds, measured as elemental lead, shall be 1.5 μg/m3, as 

averaged over a calendar quarter.

307.1 The primary and secondary ambient air quality standards for lead and its compounds, measured as elemental lead, is 

0.15 micrograms per cubic meter – maximum arithmetic mean averaged over a three-month period. The level of the 

standards shall be measured by a reference method based on 40 CFR 50, Appendix G and designated in accordance 

with 40 CFR 53, or by an equivalent designated in accordance with 40 CFR 53.

307.2 The national primary and secondary ambient air quality standards for lead are met when the maximum arithmetic 

three-month mean concentration for a three-year period, as determined in accordance with 40 CFR 50, Appendix R, is 

less than or equal to 0.15 micrograms per cubic meter.

307.3 The former primary and secondary ambient air quality standards for lead of 1.5 micrograms per cubic meter averaged 

over a calendar quarter shall apply to an area until one year after the effective date of the designation of that area, pursuant to section 107 of the Act, for the standards in Section 307.1 of this rule.

308 POLLUTANT CONCENTRATION DETERMINATIONS: Pollutant concentrations shall be measured by the following 

methods:

308.1 Appendices to 40 CFR 50: Pollutant concentrations shall be measured by the following appendices to 40 CFR 50: 

Pollutant 40 CFR 50

Particulate Matter (PM2.5) Appendix L

Appendix N

Particulate Matter (PM10) Appendix J

Appendix K
County Notices According to A.R.S. § 49-112

1438 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

Sulfur Oxides (Sulfur Dioxide) Appendix A

Appendix A-1

Ozone Appendix D

Appendix P

Carbon Monoxide Appendix C

Nitrogen Dioxide Appendix F

Appendix S

Lead Appendix G

Appendix R

308.2 Reference or Equivalent Methods: Pollutant concentrations shall also be measured by:

a. A method of measurement that has been designated as a reference or equivalent method by the Administrator 

acting pursuant to 40 CFR 53; or

b. A method of measurement that, though not designated as a reference or equivalent method, has been approved for 

use by the Administrator acting pursuant to 40 CFR 58, Appendix C. Such method shall be subject to any 

restrictions placed on its use by the Administrator.

308.3 Method Withdrawal: The cancellation or supersession of designation of a reference or equivalent method by the 

Administrator acting pursuant to 40 CFR 53.11 or 53.16, shall also amount to a withdrawal of the authorization for use 

of that method for purposes of this regulation.

309 ADDITIONAL REQUIREMENTS:

309.1 Quality assurance, monitor siting, and sample probe installation procedures shall be in accordance with the procedures 

described in the Appendices to 40 CFR 58.

309.2 Unless otherwise specified, interpretation of all ambient air quality standards contained in this rule shall be in 

accordance with 40 CFR 50.

309.3 The evaluation of air quality data in terms of procedure, methodology, and concept is to be consistent with methods 

described in 40 CFR 50.

310 INCORPORATIONS BY REFERENCE: The CFR references listed below are incorporated by reference in Appendix G of 

these rules:

40 CFR 50;

40 CFR 50, Appendices A through N;

40 CFR 53;

40 CFR 58.26 and 40 CFR 58.50; and

40 CFR 58, all appendices.

SECTION 400 ADMINISTRATIVE REQUIREMENTS

401 REPORTING OF AMBIENT AIR QUALITY MONITORING DATA:

401.1 Annual Air Quality Monitoring Report: The Control Officer shall submit to the Administrator an annual summary 

report that at a minimum meets the requirements of 40 CFR 58.26 and 40 CFR 58, Appendix F. The annual report will 

be made available to the public at the address listed in Section 102 of this rule.

401.2 Daily Air Quality Index (AQI) Report: The Control Officer shall report to the general public an AQI that at a 
July 31, 2015 | Published by the Arizona Secretary of State | Vol. 21, Issue 31 1439

County Notices According to A.R.S. § 49-112

minimum meets the requirements of 40 CFR 58.50 and 40 CFR 58, Appendix G. The AQI will also be made available 

to the public at the address listed in Section 102 of this rule.

SECTION 500 MONITORING AND RECORDS (NOT APPLICABLE)

REGULATION VI - EMERGENCY EPISODES

RULE 600

EMERGENCY EPISODES

INDEX

SECTION 100 - GENERAL

101 PURPOSE

102 EPISODE PROCEDURES GUIDELINES

SECTION 200 - DEFINITIONS

201 EMERGENCY EPISODE PLAN

SECTION 300 - STANDARDS

301 EPISODE LEVEL CRITERIA

302 CONTROL ACTIONS

SECTION 400 - ADMINISTRATIVE REQUIREMENTS

401 EPISODE TERMINATION

402 COORDINATION WITH THE STATE DEPARTMENT OF ENVIRONMENTAL QUALITY

SECTION 500 - MONITORING AND RECORDS (NOT INCLUDED)

Revised 07/13/88

Revised 07/13/1988; Revised xx/xx/xxxx

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION VI - EMERGENCY EPISODES

RULE 600

EMERGENCY EPISODES

SECTION 100 - GENERAL

101 PURPOSE: To establish criteria used to determine air pollution emergency episodes and the appropriate control actions. This

rule describes control and advisory procedures reached at each of the three episode levels.

102 EPISODE PROCEDURES GUIDELINES: Guidelines for the procedures and communication steps to be followed during an

air pollution episode are presented in Appendices D and E of the Arizona Air Pollution Control Implementation Plan. the

Arizona Department of Environmental Quality’s “Procedures for Prevention of Emergency Episodes,” amended as of October

18, 1988 (and no future edition).
County Notices According to A.R.S. § 49-112

1440 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definition shall apply: For the purpose of this rule, the 

following definition shall apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of these rules. In 

the event of any inconsistency between any of the Maricopa County air pollution control rules, the definition in this rule takes precedence.

201 EMERGENCY EPISODE PLAN: A system designed to reduce the levels of air contaminants which may reach or have

reached the level which may be harmful to health, and to protect that portion of the population at risk.

SECTION 300 - STANDARDS

301 EPISODE LEVEL CRITERIA: An air pollution alert, warning or emergency shall be declared when the following air

pollutant concentrations are exceeded at any monitoring site and when meteorological conditions indicate that there will be a

recurrence of those concentrations for the same pollutant(s) during the subsequent 24-hour period:

302 CONTROL ACTIONS: When an air pollution alert, warning or emergency has been declared, one or more of the control

actions as applicable to the source emitting the pollutant of concern shall be implemented in the affected area.

302.1 Control Actions - Air Pollution Alert

a. All permits to burn shall be suspended until further notice. The forest service shall be notified to postpone slash

burning in affected areas.

b. Incineration shall be limited to the hours of 12 noon to 4:00 p.m.

c. Those manufacturing facilities with prearranged emission reduction plans as noted in the State Air Pollution

Control Implementation Plan shall be notified to initiate alert stage control actions. Other sources shall be

notified to minimize emissions by curtailing or deferring operations not on a required schedule and by

maximizing the collection efficiency of control equipment. Emissions from batch operations shall be limited to

the hours of 12 noon to 4:00 p.m.

d. The public shall be requested to voluntarily eliminate all unnecessary usage of motor vehicles. 

302.2 Control Actions - Air Pollution Warning

a. Burning of refuse, vegetation, trade wastes, and debris shall not be permitted by any person. 

b. Use of incinerators shall be prohibited.

c. Those manufacturing facilities with prearranged emission reduction plans as noted in the Arizona Air Pollution

Control Implementation Plan shall be notified to initiate warning stage control actions. Other sources shall be

notified to initiate a 40 percent or greater reduction in emissions by curtailment or cessation of operations. All

processing industries shall be requested to effect a maximum reduction in heat load demands.

d. If possible, power plant generating loads shall be transferred outside the affected area. Power plant production

shall be reduced by purchase of available energy from neighboring utilities.

e. Highway construction and paving activities shall be halted. All soil removal or grading operations at other

construction sites shall be postponed.

f. Dust producing crop preparation and cultivation activities shall be postponed. A maximum reduction in

agricultural processing and handling operations shall be effected.

EPISODE LEVEL CRITERIA

Pollutant Averaging Time Alert Warning Emergency

Sulfur Dioxide (ug/m3) 24-hr 800 1,600 2,100

Small Particulates(PM10) (ug/m3) 24-hr 350 420 500

Fine Particulates (PM2.5) (ug/m3) 24-hr 350 420 500

Total Particulates (ug/m3) 24-hr 375 625 875

Sulfur Dioxide and Particulates Combined (ug/m3) 24-hr 6.5x104 26.1x104 39.3x104

Ozone (ug/m3) 1-hr 400 

(0.2ppm)

800

(0.4ppm)

1,000

(0.5ppm)

Nitrogen Dioxide (ug/m3) 1-hr 1,130 2,260 3,000

24-hr 282 565 750

Carbon Monoxide mg/m3 8-hr 17 (15 

ppm)

34 (20 

ppm)

46 (40 

ppm)
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g. The public shall be requested to voluntarily reduce motor vehicle usage by use of carpools and other means of

transportation and elimination of unnecessary operation.

302.3 Control Actions - Air Pollution Emergency

a. Those manufacturing facilities with prearranged emission reduction plans as noted in the Arizona Air Pollution

Control Implementation Plan shall be notified to initiate emergency stage control actions. Other manufacturing

establishments shall cease operations as directed by the Governor.

b. As directed by the Governor, all commercial, governmental, and institutional establishments, except those vital

for public safety and welfare and enforcement of the emergency episode control actions, shall be closed.

c. Generating loads at power plants shall be reduced further, resulting from industrial and commercial cutbacks.

d. All construction shall be halted as directed by the Governor except that which must proceed to avoid emergent

physical harm.

e. As directed by the Governor, use of motor vehicles shall be prohibited except in emergencies with approval of the

local police.

SECTION 400 - ADMINISTRATIVE REQUIREMENTS

401 EPISODE TERMINATION: Once declared, any status reached by application of these criteria shall remain in effect until the

criteria for that level are no longer met. At such time, the next lower status will be assumed.

402 COORDINATION WITH THE STATE DEPARTMENT OF ENVIRONMENTAL QUALITY: When the conditions

justifying the proclamation of an air pollution alert, warning, or emergency are determined to exist in any place in Maricopa

County, the Control Officer shall be guided by the following criteria as established by state regulation R18-2-219, and cooperate

directly with the State Director, Arizona Department of Environmental Quality in all pertinent areas of control and surveillance.

402.1 If the average wind speed for 24 hours is greater than 9.0 miles per hour, the criteria levels for particulates and sulfur

dioxide and particulates combined shall not apply and no source control actions shall be taken.

402.2 If, after an alert or warning episode level has been declared, and air pollution concentrations and meteorological

conditions do not deteriorate further, or improve after 48 hours and control actions have been taken, the next higher

episode shall be declared and its associated control actions implemented.

SECTION 500 - MONITORING AND RECORDS (NOT INCLUDED)

Adopted 07/26/00

Revised 08/22/01

APPENDIX D

List Of Insignificant Activities

The List of Insignificant Activities is a list of most common insignificant activities. An insignificant activity is any activity, process, or 

emissions unit that is not subject to a source-specific applicable requirement and that emits no more than 0.5 ton per year of hazardous air 

pollutants (HAPs) and no more than 2 tons per year of a regulated air pollutant. Source-specific applicable requirements include requirements for which emissions unit-specific information is needed to determine applicability. 

Pursuant to Rule 200 of these rules, a Non-Title V source is not required to list nor to describe insignificant activities in a permit application.

If a Non-Title V source’s emissions are approaching an applicable requirement, then such Non-Title V source may also be required to include,

in a permit application, a description of its insignificant activities and emissions calculations for such insignificant activities.

Pursuant to Rule 200 of these rules, a Title V source, in a permit application, may, rather than supplying detailed information, list and generally group its insignificant activities. However, an application may not omit information regarding insignificant activities that is needed 

to determine: (1) applicability of or to impose any applicable requirement; (2) whether the source is in compliance with applicable requirements; or (3) the fee amount required under these rules.

An activity, process, or emissions unit that is not included in this list may be considered an insignificant activity, if it meets the definition of
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1442 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

insignificant activity in Rule 100 (General Provisions and Definitions) of these rules and is approved by the Control Officer and the Administrator of the Environmental Protection Agency (EPA). A source may request approval for the classification of an activity as insignificant by

including such a request in its permit application, along with justification that such activity meets the definition of insignificant activity in

Rule 100 (General Provisions and Definitions) of these rules.

Food Processing Equipment:

1. Any confection cooker and associated venting or control equipment cooking edible products intended for human consumption.

2. Any oven in a food processing operation where less than 1,000 pounds of product are produced per day of operation.

General Combustion Activities:

1. All natural gas and/or liquefied petroleum gas-fired pieces of equipment over 300,000 BTU per hour, only if the input capacities 

added together are less than 2,000,000 BTU per hour, the emissions come from fuel burning, and the equipment is used solely 

for heating buildings for personal comfort or for producing hot water for personal use.

2. Any oil-fueled heating piece of equipment (except off-spec. oil) with a maximum rate input capacity or an aggregate input capacity

of less than:

(a)500,000 BTU/hour if only emissions came from fuel burning, or

(b)1,000,000 BTU/hour if only emissions came from fuel burning and the equipment is used solely for heating buildings for personal comfort or for producing hot water for personal use.

Surface Coating And Printing Equipment:

1. Any equipment or activity using no more than one gallon per day of surface coating or any combination of surface coating and

solvent, which contains either VOC or hazardous air pollutants (HAPs) or both.

Solvent Cleaning Equipment:

1. Any non-vapor cleaning machine (degreaser) or dip-tank having a liquid surface area of 1 square foot (0.09 square meters) or less,

or having a maximum capacity of 1 gallon (3.79 liters) or less.

Internal Combustion (IC) Equipment:

1. IC engine-driven compressors, IC engine-driven electrical generator sets, and IC engine-driven water pumps used only for emergency replacement or standby service (including testing of same), not to exceed 4,000 pounds of NOx and CO at 500 hours of operation per year.

2. Any piston-type IC engine with a manufacturer’s maximum continuous rating of no more than 50 brake horsepower (bhp).

Laboratories And Pilot Plants:

1. Lab equipment used exclusively for chemical and physical analyses.

Storage And Distribution:

1. Chemical or petroleum storage tanks or containers that hold 250 gallons or less and would have emissions of a regulated air pollutant.

2. Any emissions unit, operation, or activity that handles or stores no more than 12,000 gallons of a liquid with a vapor pressure less

than 1.5 psia.

3. Any equipment used exclusively for the storage of unheated organic material with: (1) an initial boiling point of 150 Centigrade

(C) (302 Fahrenheit (F)) or greater, as determined by ASTM test method 1078-86; or (2) a vapor pressure of no more than 5 millimeters mercury (mmHg) (0.1 pound per square inch (psi) absolute), as determined by ASTM test method D-2879-86. 

4. Any equipment with a capacity of no more than 4,200 gallons (100 barrels) used exclusively to store oil with specific gravity 0.8762

or higher (30 API or lower), as measured by API test method 2547 or ASTM test method D-1298-80.

5. Any equipment used exclusively for the storage of liquefied gases in unvented pressure vessels, except for emergency pressurerelief valves.

6. Any equipment used exclusively to compress or hold dry natural gas. Any ICE or other equipment associated with the dry natural
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gas should not be considered an insignificant activity, unless such ICE or other equipment independently qualifies as an insignificant activity.

7. Any equipment used exclusively for the storage of fresh, commercial, or purer grade of: (1) sulfuric or phosphoric acid with acid

content of no more than 99% by weight; or (2) nitric acid with acid content of no more than 70% by weight.

Miscellaneous Activities:

1. Any blast cleaning equipment using a suspension of abrasive material in water and the control equipment venting such blast cleaning equipment.

2. Cooling towers: Any water cooling tower which: (1) has a circulation rate of less than 10,000 gallons per minute; and (2) is not used

to cool process water, water from barometric jets, or water from barometric condensers.

3. Batch mixers with rated capacity of 5 cubic feet or less.

4. Wet sand and gravel production facilities that obtain material from subterranean and subaqueous beds, whose production rate is 200

tons per hour or less, and whose permanent in-plant roads are paved and cleaned to control dust. This does not include activities in

emissions units, which are used to crush or grind any non-metallic minerals.

5. Any other activity pursuant to Rule 200 of these rules, which meets all of the following requirements:

(a) Is not otherwise subject to a source-specific applicable requirement.

(b) Is not needed to determine all applicable requirements, compliance status, or fee amounts.

(c) Does not emit more than 0.5 ton per year of hazardous air pollutants (HAPs) or more than 2 tons per year of a regulated air pollutant, and

(d) Is approved by the Control Officer and the Administrator of the Environmental Protection Agency (EPA).

6. Any brazing, soldering, welding, or cutting torch equipment used in manufacturing and construction activities and with the potential

to emit hazardous air pollutant (HAP) metals, provided the total emissions of HAPs do not exceed 0.5 tons per year.

7. Hand-held or manually operated equipment used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding, or turning of ceramic art work, precision parts, leather, metals, plastics, fiberboard, masonry, carbon, glass, or

wood.

8. Any aerosol can puncturing or crushing operation that processes less than 500 cans per day, provided such operation uses a closed

loop recovery system.

9. Any laboratory fume hood or vent, provided such equipment is used exclusively for the purpose of teaching, research, or quality

control.

Adopted 07/26/00

Revised 08/22/01

APPENDIX E

List Of Trivial Activities

The List of Trivial Activities is a list of most common trivial activities. A trivial activity is any activity, process, or emissions unit that has

extremely low emissions and is not subject to a source-specific requirement. An activity, process, or emissions unit that is conducted as

part of a manufacturing process or is related to the source’s primary business activity is not considered trivial.

Pursuant to Rule 200 of these rules, Title V sources and Non-Title V sources are not required, in permit applications, to list trivial activities, to

describe trivial activities, nor to include the emissions from trivial activities.

General Combustion Activities:

1. Combustion emissions from propulsion of mobile sources, except for vessel emissions from outer continental shelf sources.

Surface Coating And Printing Equipment:

1. Equipment used for surface coating, painting, dipping or spraying operations, except those that will emit volatile organic

compounds (VOC) or hazardous air pollutants (HAPs).
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1444 Vol. 21, Issue 31 | Published by the Arizona Secretary of State | July 31, 2015

Cleaning Equipment:

1. Laundry activities, except for dry-cleaning and steam boilers.

Internal Combustion Equipment:

1. Internal combustion (IC) engines used for landscaping purposes.

2. Emergency (backup) electrical generators at residential locations.

Testing And Monitoring Equipment:

1. Routine calibration and maintenance of laboratory equipment or other analytical instruments.

2. Equipment used for quality control/assurance or inspection purposes, including sampling equipment used to withdraw materials for

analysis.

3. Hydraulic and hydrostatic testing equipment.

4. Environmental chambers not using HAP gases. 

5. Shock chambers.

6. Humidity chambers.

7. Solar simulators.

8. Vents from continuous emissions monitors and other analyzers.

Office Equipment:

1. Air-conditioning units used for human comfort that do not have applicable requirements under Title VI of the Act.

2. Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing/industrial

or commercial process.

3. Consumer use of office equipment and products, not including printers or businesses primarily involved in photographic reproduction.

4. Bathroom/toilet vent emissions.

5. Tobacco smoking rooms and areas.

6. Consumer use of paper trimmers/binders.

Repair And Maintenance:

1. Janitorial services and consumer use of janitorial products.

2. Plant maintenance and upkeep activities (e.g., groundskeeping, general repairs, cleaning, painting, welding, plumbing, re-tarring

roofs, installing insulation, and paving parking lots), provided these activities are not conducted as part of a manufacturing process,

are not related to the source’s primary business activity, and not otherwise triggering a permit modification. Cleaning and painting

activities qualify, if they are not subject to VOC or HAP control requirements. Asphalt batch plant owners and/or operators must

still get a permit, if otherwise required.

3. Repair or maintenance shop activities not related to the source’s primary business activity (excluding emissions from surface

coating or degreasing (solvent metal cleaning) activities) and not otherwise triggering a permit modification.

Storage And Distribution:

1. Storage tanks, vessels, containers holding or storing liquid substances that will not emit any VOC or HAPs. Exemptions for storage

tanks containing petroleum liquids or other VOCs should be based on size limits and vapor pressure of liquids stored and are not

appropriate for this list.

2. Demineralized water tanks and demineralizer vents.

3. Boiler water treatment operations, not including cooling towers.

Hand Operated Equipment:
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1. Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal, or plastic.

2. Hand-held applicator equipment for hot melt adhesives with no VOC in the adhesive formulation.

3. Portable electrical generators that can be moved by hand from one location to another. “Moved by hand” means that it can be

moved without the assistance of any motorized or non-motorized vehicle, conveyance, or device.

4. Air compressors and pneumatically operated equipment, including hand tools.

Food Equipment:

1. Non-commercial food preparation. 

Water And Waste Water Treatment:

1. Process water filtration systems and demineralizers.

2. Oxygen scavenging (de-aeration) of water.

Emergency Equipment:

1. Fire suppression systems.

2. Emergency road flares.

Roadways And Motor Vehicles:

1. Fugitive emissions related to movement of passenger vehicles, provided the emissions are not counted for applicability purposes

and any required fugitive dust control plan or its equivalent is submitted.

Miscellaneous Activities:

1. Blacksmith forges.

2. Brazing, soldering and welding equipment, and cutting torches related to manufacturing and construction activities that do not

result in emission of HAP metals.

3. Batteries and battery charging stations, except at battery manufacturing plants.

4. Storage tanks, reservoirs, and pumping and handling equipment, of any size, containing soaps, vegetable oil, grease, animal fat, and

nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized. 

5. Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided

appropriate lids and covers are utilized.

6. Drop hammers or hydraulic presses for forging or metalworking.

7. Natural gas pressure regulator vents, excluding venting at oil and gas production facilities.

8. CO2 lasers, used only on metals and other materials which do not emit HAPs in the process.

9. Electric or steam-heated drying ovens and autoclaves, but not the emissions from the articles or substances being processed in the

ovens or autoclaves, or the boilers delivering the steam.

10. Salt baths using nonvolatile salts that do not result in emissions of any regulated air pollutants.

11. Laser trimmers using dust collection to prevent fugitive emissions.

12. Ozone generators. 

13. Steam vents and safety relief valves.

14. Steam leaks.

15. Steam cleaning operations.

16. Steam sterilizers.

17. Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment.

18. Bench-scale laboratory equipment used for physical or chemical analysis, but not lab fume hoods or vents.