Supp. 13-3 Page 52 September 30, 2013

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

b. The hourly rates and maximum fees for a new permit or permit revision are those in effect when the

application for the permit or revision is determined

to be complete.

c. Fees accrued but not yet paid before the effective

date of this Section remain as obligations to be paid

to the Department.

Historical Note

Emergency rule adopted effective September 17, 1991, 

pursuant to A.R.S. § 41-1026, valid for only 90 days 

(Supp. 91-3). Emergency rule re-adopted without change 

effective December 16, 1991, pursuant to A.R.S. § 41-

1026, valid for only 90 days (Supp. 91-4). Emergency 

expired; text deleted (Supp. 93-1). New Section adopted 

effective November 15, 1993 (Supp. 93-4). Amended by 

final rulemaking at 7 A.A.R. 5670, effective January 1, 

2002 (Supp. 01-4). Amended by final rulemaking at 10 

A.A.R. 4767, effective November 4, 2004 (Supp. 04-4). 

Amended by final rulemaking at 13 A.A.R. 4379, effective December 4, 2007 (Supp. 07-4).

R18-2-326.01.Emissions-Based Fee Increase Related to Individual Permits for Fiscal Year 2011

In addition to the emissions-based fees required under R18-2-

326(C) for Class I Title V sources for Calendar Year 2008, a onetime emissions-based fee of $20.82 per ton of actual emissions of

all regulated pollutants emitted during Calendar Year 2008 shall be

due within 30 days of the invoice postmark date for the increased

fee.

Historical Note

New Section made by exempt rulemaking at 16 A.A.R. 

844, effective July 1, 2010 (Supp. 10-2).

R18-2-327. Annual Emissions Inventory Questionnaire

A. Every source subject to permit requirements under this Chapter shall complete and submit to the Director an annual emissions inventory questionnaire. The questionnaire is due by

March 31 or 90 days after the Director makes the inventory

form available, whichever occurs later, and shall include emission information for the previous calendar year. These requirements apply whether or not a permit has been issued and

whether or not a permit application has been filed.

B. The questionnaire shall be on a form provided by the Director

and shall include the following information:

1. The source’s name, description, mailing address, contact

person and contact person phone number, and physical

address and location, if different than the mailing address.

2. Process information for the source, including design

capacity, operations schedule, and emissions control

devices, their description and efficiencies.

3. The actual quantity of emissions from permitted emission

points and fugitive emissions as provided in the permit,

including documentation of the method of measurement,

calculation, or estimation, determined pursuant to subsection (C), of the following regulated air pollutants:

a. Any single regulated air pollutant in a quantity

greater than 1 ton or the amount listed for the pollutant in the definition of “significant” in R18-2-

101(130)(a), whichever is less.

b. Any combination of regulated air pollutants in a

quantity greater than 2 1/2 tons.

C. Actual quantities of emissions shall be determined using the

following emission factors or data:

1. Whenever available, emissions estimates shall either be

calculated from continuous emissions monitors certified

pursuant to 40 CFR 75, Subpart C and referenced appendices, or data quality assured pursuant to Appendix F of

40 CFR 60.

2. When sufficient data pursuant to subsection (C)(1) is not

available, emissions estimates shall be calculated from

data from source performance tests conducted pursuant to

R18-2-312 in the calendar year being reported or, when

not available, conducted in the most recent calendar year

representing the operating conditions of the year being

reported.

3. When sufficient data pursuant to subsection (C)(1) or (2)

is not available, emissions estimates shall be calculated

using emissions factors from EPA Publication No. AP-42

“Compilation of Air Pollutant Emission Factors,” Volume

I: Stationary Point and Area Sources, Fifth Edition, 1995,

U.S. Environmental Protection Agency, Research Triangle Park, NC, including Supplements A through F and all

updates published through July 1, 2011 (and no future

editions). AP-42 is incorporated by reference and is on

file with the Department of Environmental Quality and

can be obtained from the Government Printing Office,

732 North Capitol Street, NW, Washington, D.C. 20401,

telephone (202) 512-1800, or by downloading the document from the web site for the EPA Clearinghouse for

Emission Inventories and Emission Factors.

4. When sufficient data pursuant to subsections (C)(1)

through (C)(3) is not available, emissions estimates shall

be calculated from material balance using engineering

knowledge of process.

5. When sufficient data pursuant to subsections (C)(1)

through (4) is not available, emissions estimates shall be

calculated by equivalent methods approved by the Director. The Director shall only approve methods that are

demonstrated as accurate and reliable as one of the methods in subsections (C)(1) through (4).

D. Actual quantities of emissions calculated under subsection (C)

shall be determined on the basis of actual operating hours, production rates, in-place process control equipment, operational

process control data, and types of materials processed, stored,

or combusted.

E. An amendment to an annual emission inventory questionnaire,

containing the documentation required by subsection (B)(3),

shall be submitted to the Director by any source whenever it

discovers or receives notice, within two years of the original

submittal, that incorrect or insufficient information was submitted to the Director by a previous questionnaire. If the incorrect or insufficient information resulted in an incorrect annual

emissions fee, the Director shall require that additional payment be made or shall apply an amount as a credit to a future

annual emissions fee. The submittal of an amendment under

this subsection shall not subject the owner or operator to an

enforcement action or a civil or criminal penalty if the original

submittal of incorrect or insufficient information was due to

reasonable cause and not willful neglect.

F. The Director may require submittal of supplemental emissions

inventory questionnaires for air contaminants pursuant to

A.R.S. §§ 49-422, 49-424, and 49-426.03 through 49-426.08.

Historical Note

Emergency rule adopted effective September 17, 1991, 

pursuant to A.R.S. § 41-1026, valid for only 90 days 

(Supp. 91-3). Emergency rule re-adopted without change 

effective December 16, 1991, pursuant to A.R.S. § 41-

1026, valid for only 90 days (Supp. 91-4). Emergency 

expired; text deleted (Supp. 93-1). New Section adopted 

effective November 15, 1993 (Supp. 93-4). Amended 

effective December 7, 1995 (Supp. 95-4). Amended by 

final rulemaking at 18 A.A.R. 1542, effective August 7, 
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

September 30, 2013 Page 53 Supp. 13-3

2012 (Supp. 12-2).

R18-2-328. Conditional Orders

A. The Director may grant to any person a conditional order for

each air pollution source which allows such person to vary

from any provision of A.R.S. Title 49, Chapter 3, Article 2, or

this Chapter, for any non-federally enforceable requirement of

a permit issued pursuant to this Chapter if the Director makes

each of the following findings:

1. Issuance of the conditional order will not endanger public

health or the environment, impede attainment or maintenance of the national ambient air quality standards, or

constitute a violation of the Act; and 

2. Either of the following is true:

a. There has been a breakdown of equipment or upset

of operations beyond the control of the petitioner

which causes the source to be out of compliance

with the requirements of this Chapter; the source

was in compliance with the requirements of this

Chapter before the breakdown or upset, and the

breakdown or upset may be corrected within a reasonable time;

b. There is no reasonable relationship between the economic and social cost of, and benefits to be obtained

from, achieving compliance.

B. The following procedures shall apply to a person seeking a

conditional order:

1. The person shall file a petition for a conditional order

with the Director. The petition shall contain at a minimum:

a. A description of the breakdown or upset;

b. A description of corrective action being undertaken

to bring the source back into compliance;

c. An estimate of emissions related to the breakdown

or upset;

d. A compliance schedule with a date of final compliance and interim dates as appropriate;

e. A detailed analysis of the economic and social costs

and benefits of achieving compliance with the

requirement for which the variance is sought, if the

petition is based on subsection (A)(2)(b).

2. If the issuance of the conditional order requires a public

hearing pursuant to R18-2-330, the Director shall set the

hearing date within 30 days after the filing of the petition

and the hearing shall be held within 60 days after the filing of the petition.

3. Notice of the filing of a petition for a conditional order

and of the hearing date on said petition shall be published

in the manner provided in A.R.S. § 49-444 and R18-2-

330.

C. Decisions on petitions for a conditional order shall be made as

follows:

1. For any conditional order that requires a revision to the

SIP, the Director shall comply with the requirements contained in 40 CFR 51, Subpart F.

2. For any other conditional order, the Director shall grant

or deny the petition with such terms and conditions as are

listed in subsection (E)(2) within 30 days after the conclusion of any required hearing, or, if no hearing is held,

within 60 days after the filing of the petition.

D. A fee to cover the costs of processing conditional orders may

be charged by the Director prior to issuance consistent with

R18-2-326(I) or (J). The fee shall be deposited in the permit

administration fund established in A.R.S. § 49-455.

E. The terms of a conditional order or its renewal shall conform

to the following:

1. A conditional order issued by the Director shall be valid

for such period as the Director prescribes but in no event

for more than one year in the case of a source that is

required to obtain a permit pursuant to this Chapter and

Title V of the Act, and three years in the case of any other

source that is required to obtain a permit pursuant to this

Chapter.

2. The terms and conditions which are imposed as a condition to the granting or the continued existence of a conditional order shall include:

a. A detailed plan for completion of corrective steps

needed to conform to the provisions of A.R.S. Title

49, Chapter 3, Article 2, this Chapter, and the

requirements of any permit issued pursuant to this

Chapter;

b. A requirement that necessary construction shall

begin as expeditiously as practicable and proceed as

specified in the compliance schedule;

c. Written reports, at least quarterly, of the status of the

source and construction progress;

d. The right of the Director to make periodic inspection

of the facilities for which the conditional order is

granted;

e. Such additional terms and conditions as the Director

finds necessary to meet the requirements of this Section and A.R.S. § 49-437.

3. A holder of a conditional order may petition the Director

to renew the order. The total term of the initial period and

all renewals shall not exceed three years from the date of

initial issuance of the order. Petitions for renewal may be

filed at any time not more than 60 days nor less than 30

days prior to the expiration of the order. The Director,

within 30 days of receipt of a petition, shall renew the

conditional order for one year if the petitioner is in compliance and conforming with the terms and conditions

imposed. The Director may refuse to renew the conditional order if, after a public hearing held within 30 days

of receipt of a petition, the Director finds that the petitioner is not in compliance and conforming with the terms

and conditions of the conditional order. If, after a period

of three years from the date of original issuance, the petitioner is not in compliance and conforming with the terms

and conditions, the Director may renew a conditional

order for a total term of two additional years only if the

Director finds that failure to comply and conform is due

to conditions beyond the control of such petitioner.

4. If the Director amends or adopts any rule imposing conditions on the operation of an air pollution source which

have become effective as to the source by reason of the

action of the Director or otherwise, and which require the

implementation of control strategies necessitating the

installation of additional or different air pollution control

equipment, the Director may renew a conditional order

for an additional term. The term of the renewal shall be

governed by the preceding subsections of this Section,

except that the total term of the renewal shall not exceed

two years.

5. A conditional order issued by the Director shall be effective when issued unless:

a. The conditional order varies from the requirements

of the applicable implementation plan, in which case

the conditional order shall be submitted to the

Administrator as a revision to the applicable implementation plan pursuant to Section 110(l) of the Act

and shall become effective upon approval by the

Administrator.