2 

· Ensuring that ADEQ’s program meets the public notice and comment requirements of 40 CFR 

51.161 for all construction and modifications subject to review under the NSR program; 

· Ensuring that enforceable procedures are in place for sources taking “elective limits” in ADEQ’s 

registration program to limit potential to emit in order to avoid the public notice requirements in 

40 CFR 51.161(a); 

· Ensuring that information made publicly available is available in the area affected by a construction 

or modification project and that ADEQ’s analysis is provided to the public, as required by 40 CFR 

51.161(b)(1); 

· Ensuring that notice is provided to the required parties in 40 CFR 51.161(d) for sources subject to 

ADEQ’s registration program; 

· Submitting for SIP approval rules referenced by ADEQ’s administrative procedures for review under 

the NSR program, including R18-2-317 and R18-2-317.02; 

· Ensuring that the public hearing requirements are met under 40 CFR 51.164 and 51.118(a) by 

submitting the referenced rule, R18-1-402, for SIP approval or referencing other applicable public 

notice requirements in the SIP; 

· Ensuring that ADEQ’s stack height provisions meet the requirements of 40 CFR 51.118(b) as 

required by 40 CFR 51.164; 

· Ensuring that ADEQ’s stack height procedures require the necessary evidence to use the equation 

in 40 CFR 51.100(ii)(2)(i); and 

· Ensuring that ADEQ’s NSR program at R18-2-332(D) does not allow for the use of stack heights 

beyond good engineering practice as defined in 40 CFR 51.100(ii). 

40 CFR 51.166 

For the PSD program, ADEQ must correct deficienciesrelated to: 

· Inclusion of the 2012 PM2.5 NAAQS; 

· Ensuring that ADEQ’s program adequately references the requirements of parts 60, 61, and 63 

where required by the federal PSD program at 40 CFR 51.166(b)(1)(iii)(aa), (b)(12), (b)(16)(i), 

(b)(17), (b)(47)(ii)(c), (b)(49)(ii), (i)(1)(ii)(aa), and (j); 

· Submitting R18-2-408 for SIP approval, as it is referenced by R18-2-406(A), which is being approved 

into the SIP; 

· Ensuring that provisions that allow for exclusion from increment consumption conform with the 

federal requirements at 40 CFR 51.166(f)(i)(v) and (f)(4), including ensuring that R18-2-

218(F)(5)(b)(ii) applies to “any” air quality control region including those outside Arizona; 

· Ensuring that ADEQ’s exemption for portable stationary sources applies to only those sources with 

a prior permit that contains requirements “equivalent” to those in 40 CFR 51.166(j) and (r); 

· Ensuring that ADEQ’s program meets the requirements of 40 CFR 51.166(k)(1) in R18-2-406(A)(5), 

including ensuring that ADEQ’s program applies to areas outside of its jurisdiction that may be 

impacted; 

· Including provisions that meet the requirements of 40 CFR 51.166(n)(1) and (3); 

· Ensuring that ADEQ’s program meets the requirements of 40 CFR 51.166(r)(6) by correcting an 

incorrect reference; 
3 

· Ensuring that owners and operators make certain information available for review as required 40 

CFR 51.166(r)(7); 

· Ensuring that ADEQ’s requirements for area classifications at R18-2-217 meet the requirements of 

40 CFR 51.166(e) and section 162(a) of the Act; 

· Including a provision in R18-2-217 for area redesignations that is consistent with the requirements 

of 40 CFR 51.166(e)(2); 

· Ensuring that ADEQ’s requirements for area classifications meet 40 CFR 51.166(e)(3), including 

clarifying the meaning of the term “all other areas” in R18-2-217(D) and recognizing federal 

legislation that specified the area classification of a particular area; 

· Ensuring that all areas of the State are designated as Class I, II, or III, not just attainment or 

unclassifiable areas, as required by 40 CFR 51.166(g)(1); 

· Ensuring that the public participation requirements in 40 CFR 51.166(g)(2)(i) are met for 

redesignations; 

· Ensuring that ADEQ’s program clearly identifies the areas that may be classified as Class III 

consistent with 40 CFR 51.166(g)(3); 

· Ensuring that the requirements of 40 CFR 51.166(g)(3)(ii) are met relating to obtaining a Governor’s 

approval; 

· Ensuring that ADEQ’s rule at R18-2-217(F)(4) meets the requirements of 40 CFR 51.166(g)(3)(iii) by 

applying to areas outside of ADEQ’s jurisdiction; 

· Ensuring that the public participation requirements are adequately met for permit applications that 

can only be approved if an area is redesignated to Class III as required by 40 CFR 51.166(g)(3)(iv); 

· Ensuring that the requirements of 40 CFR 51.166(p)(1) are met for submitting applications to EPA; 

· Ensuring that ADEQ’s rules adequately address the requirements in 40 CFR 51.166(p)(3); 

· Ensuring that R18-2-406(F)(2) is consistent with the requirements of 40 CFR 51.166(p)(4) related to 

“no adverse impacts;” 

· Ensuring that the public has reasonable access in the region where a proposed source would be 

constructed to publicly available materials as required by 40 CFR 51.166(q)(2)(ii); 

· Notifying the public of the degree of increment consumption and the Director’s preliminary 

decision as required by 40 CFR 51.166(q)(2)(iii); 

· Making public comments and written notification of a final determination available in the same 

location as the preliminary documents as required by 40 CFR 51.166(q)(2)(vi) and (viii); 

· Including a definition for “major emissions unit” as required by the PAL provisions at 40 CFR 

51.166(w)(2)(iv); 

· Ensuring that ADEQ’s PAL provisions at R18-2-412(H) and (H)(5) meet the requirements of 40 CFR 

51.166(w)(9); 

· Ensuring that ADEQ’s PAL provisions at R18-2-412(I)(1) and (I)(4)(a) meet the requirements of 40 

CFR 51.166(w)(10); 

· Correcting references in ADEQ’s NSR rules to the undefined terms “increment” and “incremental 

ambient standard” to adequately refer to the maximum allowable increase in 40 CFR 51.166(c); and 
4 

· Demonstrating that ADEQ’s PSD program has definitions that are at least as stringent in all respects 

as the definitions in 40 CFR 51.166(b)(1), (3), (5), (14), (15), (16), (17), (22), (23), (40), and (49)1. 

40 CFR 51.165 

For the NA-NSR program, ADEQ must correct deficienciesrelated to: 

· Ensuring that ADEQ’s program adequately references the requirements of parts 60, 61, and 63 

where required by the federal NA-NSR program at 40 CFR 51.165(a)(1)(xiii), (a)(1)(xxxvii), and 

(a)(1)(xl); 

· Ensuring that the requirements for emission reduction credits under 40 CFR 51.165(a)(3)(ii)(G) are 

met related to permits approved pursuant to 40 CFR 51 subpart I; 

· Correcting R18-2-402(F)(1)(c) to meet the requirements of 40 CFR 51.165(a)(6)(i)(c) to ensure that 

records of certain applicability information are maintained; 

· Ensuring that certain information is made available for review upon request, as required by 40 CFR 

51.165(a)(7); 

· Correcting the offset ratios in R18-2-404(A) to be consistent with 40 CFR 51.165(a)(9)(i), including 

references to offset requirements in R18-2-404(J); 

· Ensuring that emission offsets are obtained for the same regulated NSR pollutant, consistent with 

40 CFR 51.165(a)(11); 

· Meeting the requirements in 40 CFR 51.165(b) by ensuring that ADEQ’s program at R18-2-

406(A)(5)(a) and (b) addresses potential impacts in areas outside of ADEQ’s jurisdiction; 

· Including a provision in ADEQ’s program that meets section 173(a)(4) of the Act related to the 

prohibition of the issuance of NA-NSR permits when the Administrator has determined that the 

applicable implementation plan is not being adequately implemented for the nonattainment area 

in which a proposed source would construct or modify; 

· Ensuring that ADEQ’s PAL provisions are consistent with 40 CFR 51.165(f)(1)(iii)(B), including 

clarifying R18-2-412 so that modifications under a PAL do not need approval under the NA-NSR 

program; 

· Including a definition for major emissions unit as required by 40 CFR 51.165(f)(2)(iv); 

· Ensuring that ADEQ’s PAL provisions at R18-2-412(H) and (H)(5) meet the requirements of 40 CFR 

51.165(f)(9); 

· Ensuring that ADEQ’s PAL provisions at R18-2-412(I)(1) and (I)(4)(a) meet the requirements of 40 

CFR 51.165(f)(1); and 

· Demonstrating that ADEQ’s NA-NSR program has definitions that are at least as stringent in all 

respects as the definitions in 40 CFR 51.165(a)(1)(i), (iv), (vi), (x), (xi), (xiv), (xxviii), and (xxxvii).2

 

1

In our proposal, we identified four deficiencies with ADEQ’s definition for “regulated NSR pollutant” as compared with the 

federal definition at 40 CFR 51.166(b)(49) that were bases for our proposed limited disapproval. As discussed in response to 

comments 10 and 11 in our Response to Comments document, we have changed our determination as to two of these 

issues identified as deficiencies in our proposal, and no longer find that they are bases for our limited disapproval. We have 

not changed our determination concerning the other two deficiencies with this definition that were identified in our 

proposal, however, and these issues remain bases for our final limited disapproval. 

2

In addition, ADEQ must also address our limited approval under section 189 of the Act related to PM10 and PM2.5

precursors for the Nogales and West Central Pinal PM2.5 nonattainment areas and the West Pinal PM10 nonattainment area. 
5 

Non-NSR Rules 

Finally, ADEQ must also correct deficienciesin two non-NSR-specific rules, R18-2-311 and R18-2-312, that 

would allow ADEQ to approve alternativesto the applicable SIP without the EPA’s approval, in conflict with 

CAA sections 110(a)(2)(A) and 110(i). 

 

However, because this issue is not a basis for our limited disapproval action, it does not trigger a FIP clock or the potential 

for sanctions.