R18-2-605. Roadways and Streets

A. No person shall cause, suffer, allow or permit the use, repair, construction or reconstruction of a roadway or alley without taking reasonable precautions to

prevent excessive amounts of particulate matter from becoming airborne. Dust and other particulates shall be kept to a minimum by employing temporary

paving, dust suppressants, wetting down, detouring or by other reasonable means.

B. No person shall cause, suffer, allow or permit transportation of materials likely to give rise to airborne dust without taking reasonable precautions, such as

wetting, applying dust suppressants, or covering the load, to prevent particulate matter from becoming airborne. Earth or other material that is deposited

by trucking or earth moving equipment shall be removed from paved streets by the person responsible for such deposits.

Historical Note

Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-605 renumbered without change as Section R18-2-605 (Supp. 87-3). Amended

effective September 26, 1990 (Supp. 90-3). Former Section R18-2-605 renumbered to R18-2-805, new Section R18-2-605 renumbered from R18-2-

405 effective November 15, 1993 (Supp. 93-4).
R18-2-405. Special Rule for Major Sources of VOC or Nitrogen Oxides in Ozone 

Nonattainment Areas Classified as Serious or Severe

A. Applicability. The provisions of this Section only apply to stationary sources of VOC or 

nitrogen oxides in ozone nonattainment areas classified as serious or severe. Unless otherwise 

provided in this Section, all requirements of Articles 3 and 4 of this Chapter apply.

B. “Significant” means, for the purposes of a major modification of any major stationary source 

of VOC or nitrogen oxides, or for determining whether an otherwise minor source is major 

under the definition of major source in R18-2-401, 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. 

C. For any major source that emits or has the potential to emit less than 100 tons of VOC or oxides 

of nitrogen per year, a physical or operational change that results in a significant increase in 

VOC or oxides of nitrogen, respectively, from any discrete operation, unit, or other pollutant 

emitting activity at the source shall constitute a major modification, except that the increase 

shall not constitute a major modification, if the owner or operator of the source elects to offset 

the increase by a greater reduction in emissions of VOC or oxides of nitrogen, as applicable, 

from other operations, units or activities at the source at an internal offset ratio of at least 1.3 

to 1. If the owner or operator does not make such an election, the change shall constitute a 

major modification but BACT shall be substituted for LAER when applying R18-2-403(A)(1) 

to the major modification. 

D. For any stationary source that emits or has the potential to emit 100 tons or more of VOC or 

oxides of nitrogen per year, a physical or operational change that results in any significant 

increase in VOC from any discrete operation, unit or other pollutant emitting activity at the 

source or oxides of nitrogen, respectively, shall constitute a major modification except that if 

the owner or operator of the source elects to offset the increase by a greater reduction in 

emissions of VOC or oxides of nitrogen, as applicable, from other operations, units or activities 

within the source at an internal offset ratio of at least 1.3 to 1, R18-2-403(A)(1) shall not apply 

to the change. 

E. For any new major source or major modification that is classified as major because of emissions 

or potential to emit VOC or nitrogen oxides 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 to 1. The offset shall be made in accordance with the provisions of R18-

2-404.

F. For any new major source or major modification that is classified as such because of emissions 

or potential to emit VOC or nitrogen oxides 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 to 1. These offsets shall be made in accordance with the provisions of R18-2-404.

Historical Note

Former R9-3-405, Other industries, renumbered R9-3-406, new Section adopted effective 

September 17, 1975 (Supp. 75-1). Former Section R9-3-405 repealed, new Section R9-3-

405 adopted effective May 14,1979 (Supp. 79-1). Amended effective October 2, 1979 

(Supp. 79-5). Former Section R9-3-405 renumbered without change as Section R18-2-

405 (Supp. 87-3). Section R18-2-405 renumbered to R18-2-605, new Section R18-2-405 

adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 5 
A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking 

at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).